PROBATE CODE - CHAPTER XIII. GUARDIANSHIP
Sec. 694A. COMPLETE RESTORATION OF WARD'S CAPACITY OR MODIFICATION OF GUARDIANSHIP.
A ward or any person interested in the ward's welfare may file a written application with the court for an order:
" finding that the ward is no longer an incapacitated person and ordering the settlement and closing of the guardianship;
" finding that the ward lacks the capacity to do some or all of the tasks necessary to provide food, clothing, or shelter for himself or herself, to care for the ward's own physical health, or to manage the ward's own financial affairs and granting additional powers or duties to the guardian; or
" finding that the ward has the capacity to do some, but not all, of the tasks necessary to provide food, clothing, or shelter for himself or herself, to care for the ward's own physical health, or to manage the ward's own financial affairs and:
" limiting the powers or duties of the guardian; and
" permitting the ward to care for himself or herself or to manage the ward's own financial affairs commensurate with the ward's ability.
Title: Understanding the Bexar Texas Motion to Modify Guardianship Order to Allow Ward to Vote Introduction: The Bexar Texas Motion to Modify Guardianship Order is a legal process that allows individuals under guardianship to request a modification that grants them the right to vote. This detailed description aims to provide insights into the motion, including its purpose, process, and any variations that may exist. Keywords: Bexar Texas, motion, modify guardianship order, ward, vote 1. Purpose of the Motion: The purpose of the Bexar Texas Motion to Modify Guardianship Order to Allow Ward to Vote is to enable individuals under guardianship to exercise their fundamental right to vote. It recognizes that guardianship should not serve as a barrier to civic participation and helps ensure equal suffrage among all citizens. 2. The Process: a. Filing the Motion: The ward or their legal representative must file a motion with the court responsible for the guardianship order. It should include the request to modify the order to allow the ward to vote and provide reasons supporting the request. b. Documentation: Supporting documentation may be required, such as medical reports, evaluations, and other relevant evidence that emphasizes the ward's capacity to understand the voting process. c. Notice and Service: The opposing party, usually the guardian, must be served with a copy of the motion and have ample opportunity to respond. d. Hearing: A court hearing is scheduled to allow both parties to present arguments and evidence supporting their respective positions. The judge considers these factors before making a decision. e. Court Decision: Based on the evidence presented and the best interests of the individual under guardianship, the court determines whether the motion to modify the guardianship order should be granted or denied. 3. Variations of the Motion: a. Partial Modification: In some cases, the court may grant a partial modification, allowing the ward to vote in specific elections or on certain issues. This variation ensures that the modification aligns with the individual's capabilities and the court's assessment of their decision-making abilities. b. Temporary Modification: A temporary modification may be granted if the ward's condition is expected to improve or change over time. This variation allows for a periodic reassessment of voting capacity and potentially the gradual removal of guardianship restrictions. c. Modification with Conditions: The court may grant the motion but impose certain conditions, such as requiring the ward to be accompanied by a designated individual or to undergo voter education programs, ensuring their ability to make informed decisions. Conclusion: The Bexar Texas Motion for the Modification of Guardianship Order to Allow Ward to Vote empowers individuals under guardianship to exercise their right to vote while considering their unique circumstances. It is a significant step towards ensuring equality and inclusivity in the democratic process, promoting the voice and representation of all citizens.
