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Senate Bill 2344 |
Senate Author: Uresti |
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Effective: 9-1-09 |
House Sponsor: Naishtat |
Senate Bill 2344 amends the Texas Probate Code to prohibit a court from granting an application to create a guardianship for a proposed ward of the state whose alleged incapacity is mental retardation unless the applicant presents to the court a written letter or certificate from a physician licensed in Texas that includes certain specific information and that states that the physician has made a determination of mental retardation in accordance with applicable statutory provisions. The bill authorizes the applicant to provide, as an alternative, both written documentation showing that, not earlier than 24 months before the date of the hearing, the proposed ward has been examined by a physician or psychologist licensed in Texas or certified by the Department of Aging and Disability Services to perform the examination and the physician's or psychologist's written findings and recommendations, including a statement as to whether the physician or psychologist has made a determination of mental retardation. With respect to the physician's letter or certificate on an application for a guardianship for an incapacitated person other than a person whose alleged incapacity is mental retardation, the bill establishes specific content requirements for a description of the nature, degree, and severity of the incapacity; an evaluation of the proposed ward's physical condition and mental function; and a statement of the proposed ward's ability to perform specific tasks.