An interested person filing an information letter about a person believed to be incapacitated must provide specified personal and factual details; if the filer is a family member, the letter must also be notarized or signed under penalty of perjury.
Sec. 1102.003. INFORMATION LETTER. (a) An interested person who submits an information letter under Section 1102.002(1) about a person believed to be incapacitated must, to the best of the interested person's knowledge: (1) state the person's name, address, telephone number, county of residence, and date of birth; (2) state whether the person's residence is a private residence, health care facility, or other type of residence; (3) describe the relationship between the person and the interested person submitting the letter; (4) state the names and telephone numbers of any known friends and relatives of the person; (5) state whether a guardian of the person or estate has been appointed in this state for the person; (6) state whether the person has executed a power of attorney and, if so, the designee's name, address, and telephone number; (7) describe any property of the person, including the estimated value of that property; (8) list the amount and source of any monthly income of the person; (9) describe the nature and degree of the person's alleged incapacity; and (10) state whether the person is in imminent danger of serious impairment to the person's physical health, safety, or estate. (b) In addition to the requirements of Subsection (a), if an information letter under that subsection is submitted by an interested person who is a family member of the person believed to be incapacitated, the information letter must: (1) be signed and sworn to before a notary public by the interested person; or (2) include a written declaration signed by the interested person under penalty of perjury that the information contained in the information letter is true to the best of the person's knowledge. (c) Any information provided by the Department of Family and Protective Services under this section that is confidential under Chapter 48, Human Resources Code, remains confidential and is not subject to disclosure under Chapter 552, Government Code. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 11, eff. January 1, 2014. Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 11, eff. September 1, 2015.