Tex.
Fam. Code Section 263.603
Extended Jurisdiction to Determine Guardianship
(a)
Notwithstanding Section 263.6021 (Voluntary Extended Jurisdiction for Young Adult Receiving Transitional Living Services), if the court believes that a young adult may be incapacitated as defined by Section 1002.017 (Incapacitated Person)(2), Estates Code, the court may extend its jurisdiction on its own motion without the young adult’s consent to allow the department to refer the young adult to the Department of Aging and Disability Services for guardianship services as required by Section 48.209 (Referral for Guardianship Services), Human Resources Code.(b)
The extended jurisdiction of the court under this section terminates on the earliest of the date:(1)
the Department of Aging and Disability Services determines a guardianship is not appropriate under Chapter 161 (Department of Aging and Disability Services), Human Resources Code;(2)
a court with probate jurisdiction denies the application to appoint a guardian; or(3)
a guardian is appointed and qualifies under the Estates Code.(c)
If the Department of Aging and Disability Services determines a guardianship is not appropriate, or the court with probate jurisdiction denies the application to appoint a guardian, the court under Subsection (a) may continue to extend its jurisdiction over the young adult only as provided by Section 263.602 (Extended Jurisdiction) or 263.6021 (Voluntary Extended Jurisdiction for Young Adult Receiving Transitional Living Services).(d)
Notwithstanding any other provision of this subchapter, a young adult for whom a guardian is appointed and qualifies is not considered to be in extended foster care or trial independence and the court’s jurisdiction ends on the date the guardian for the young adult is appointed and qualifies unless the guardian requests the extended jurisdiction of the court under Section 263.604 (Guardian’s Consent to Extended Jurisdiction).
Source:
Section 263.603 — Extended Jurisdiction to Determine Guardianship, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.263.htm#263.603 (accessed Apr. 20, 2024).
