Sec. 1202.1521. PHYSICIAN'S LETTER OR CERTIFICATE: REQUIREMENT IF ALLEGED INCAPACITY BASED ON INTELLECTUAL DISABILITY

Text of section as added by Acts 2023, 88th Leg., R.S., Ch. 939 (S.B. 1624), Sec. 16

For text of section as added by Acts 2023, 88th Leg., R.S., Ch. 938 (S.B. 1606), Sec. 3, see other Sec. 1202.1521.

If an intellectual disability is the basis of a ward's alleged incapacity, the written letter or certificate presented under Section 1202.152(a), instead of containing the information required by Section 1202.152(b), must:

1. (1) state, in the physician's or psychologist's opinion, whether the ward has the capacity, or sufficient capacity with supports and services, to do any of the activities listed in Section 1202.152(b)(1);
2. (2) state how or in what manner the ward's ability to make or communicate reasonable decisions concerning himself or herself is affected by the ward's mental capacity; and
3. (3) include any other information required by the court.

Added by Acts 2023, 88th Leg., R.S., Ch. 939 (S.B. 1624), Sec. 16, eff. September 1, 2023.