The court generally may not restore a ward’s capacity or modify guardianship unless the applicant gives the court a required medical letter or certificate.
Text of section as amended by Acts 2023, 88th Leg., R.S., Ch. 1012 (H.B. 3009), Sec. 6 Sec. 1202.152. HEALTH CARE PROVIDER'S LETTER OR CERTIFICATE REQUIRED. Text of subsection as amended by Acts 2023, 88th Leg., R.S., Ch. 1012 (H.B. 3009), Sec. 6 (a) In this section: (1) "Advanced practice registered nurse" has the meaning assigned by Section 301.152, Occupations Code. (2) "Physician" has the meaning assigned by Section 1101.100. Text of subsection as amended by Acts 2023, 88th Leg., R.S., Ch. 938 (S.B. 1606), Sec. 2 (a) Except as provided by Section 1202.1521, the court may not grant an order completely restoring a ward's capacity or modifying a ward's guardianship under an application filed under Section 1202.051 unless the applicant presents to the court a written letter or certificate from a physician licensed in this state that is dated: (1) not earlier than the 120th day before the date the application was filed; or (2) after the date the application was filed but before the date of the hearing. (b) An advanced practice registered nurse may act under this section only if the advanced practice registered nurse is acting under a physician's delegation authority and supervision in accordance with Chapter 157, Occupations Code. (c) The court may not grant an order completely restoring a ward's capacity or modifying a ward's guardianship under an application filed under Section 1202.051 unless the applicant presents to the court a written letter or certificate from a physician or advanced practice registered nurse licensed in this state that is dated: (1) not earlier than the 120th day before the date the application was filed; or (2) after the date the application was filed but before the date of the hearing. (c-1) For purposes of Subsection (c), a letter or certificate based on an examination by an advanced practice registered nurse must be signed by the supervising physician. (d) A letter or certificate presented under Subsection (c) must: (1) describe the nature and degree of incapacity, including the medical history if reasonably available, or state that, in the physician's opinion, the ward has the capacity, or sufficient capacity with supports and services, to: (A) provide food, clothing, and shelter for himself or herself; (B) care for the ward's own physical health; and (C) manage the ward's financial affairs; (2) provide a medical prognosis specifying the estimated severity of any incapacity; (3) state how or in what manner the ward's ability to make or communicate responsible decisions concerning himself or herself is affected by the ward's physical or mental health; (4) state whether any current medication affects the ward's demeanor or the ward's ability to participate fully in a court proceeding; (5) describe the precise physical and mental conditions underlying a diagnosis of senility, if applicable; and (6) include any other information required by the court. (e) For purposes of Subsection (d), the opinion of an advanced practice registered nurse that is based on an examination of a ward conducted by the advanced practice registered nurse under delegation from and supervision by a physician and is signed by the supervising physician is considered the supervising physician's opinion. (f) If the court determines it is necessary, the court may appoint the necessary physicians or advanced practice registered nurses to examine the ward in the same manner and to the same extent as a ward is examined by a physician or advanced practice registered nurse under Section 1101.103 or 1101.104. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 18, eff. September 1, 2015. Acts 2023, 88th Leg., R.S., Ch. 938 (S.B. 1606), Sec. 2, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 1012 (H.B. 3009), Sec. 6, eff. September 1, 2023.