Sec. 1101.053. PROVISION OF RECORDS REQUIRED; USE OF RECORDS. (a) Before a hearing may be held for the appointment of a guardian, current and relevant medical, psychological, and intellectual testing records of the proposed ward must be provided to the attorney ad litem appointed to represent the proposed ward unless:
(1) the proposed ward is a minor or a person who must have a guardian appointed to receive funds due the person from any governmental source; or
(2) the court makes a finding on the record that:
(A) current or relevant records do not exist; and
(B) examining the proposed ward for the purpose of creating the records is impractical.
(b) Current medical, psychological, and intellectual testing records are a sufficient basis for a determination of guardianship.
(c) The findings and recommendations contained in the medical, psychological, and intellectual testing records are not binding on the court.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
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