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.
Dallas Texas Motion that Guardianship Order be Modified to Allow Ward to Vote: A Detailed Description When it comes to guardianship orders, a motion to modify the order becomes necessary in certain circumstances. One such scenario is when a ward, someone who has been deemed legally incapacitated, wishes to exercise their right to vote. In Dallas, Texas, there are different types of motions related to modifying guardianship orders allowing wards to vote. Let's delve into the details. In Dallas, Texas, guardianship orders are put in place to protect individuals who are unable to make important decisions due to mental or physical in capacities. These orders typically grant a legal guardian the authority to make decisions on behalf of the ward, ranging from health care to financial matters. However, the right to vote is considered a fundamental democratic right that should not be restricted solely based on guardianship status. Recognizing this, the Dallas courts allow individuals under guardianship to request modifications to their guardianship orders to regain their voting rights. There are several types of motions that can be filed in relation to modifying a guardianship order to allow a ward to vote: 1. Motion to Modify Guardianship Order: This is a general motion that encompasses various modifications to a guardianship order, including those related to voting rights. It is filed with the court and serves as the formal request to alter the existing guardianship order. 2. Motion to Restore Voting Rights: Specifically filed to address the ward's desire to exercise their right to vote, this motion highlights the importance of civic participation and requests the court's permission to modify the guardianship order accordingly. 3. Motion to Expand the Scope of Decision-Making: In some cases, the ward might already possess decision-making abilities in certain areas but is still under full guardianship. This motion seeks to expand the scope of decision-making authority granted to the ward, specifically encompassing the right to vote. 4. Motion for Limited Guardianship: This motion is relevant when the ward's capacity varies across different decision-making areas. It aims to modify the guardianship order, allowing the ward to vote while maintaining other necessary protections in the areas they still require assistance. An individual seeking to modify their guardianship order to regain the right to vote should consult an attorney familiar with guardianship laws in Dallas, Texas. The attorney can assist in preparing and filing the appropriate motion with the court, presenting compelling arguments highlighting the ward's desire for civic engagement and their ability to exercise their right to vote responsibly. In summary, the Dallas Texas Motion that Guardianship Order be Modified to Allow Ward to Vote is a legal process wherein individuals under guardianship can request changes to regain their voting rights. It comprises various types of motions, including the general motion to modify the guardianship order, motion to restore voting rights, motion to expand decision-making authority, and motion for limited guardianship. Through these motions, wards in Dallas can pursue their fundamental right to vote while ensuring that necessary protections remain in place for other aspects of their lives.
