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: Harris Texas Motion That Guardianship Order be Modified to Allow Ward to Vote Introduction: In Harris County, Texas, individuals who are under guardianship may have their voting rights restricted. However, there is a provision that allows for a modification of the guardianship order, granting the ward the ability to exercise their right to vote. This article will delve into the details of the Harris Texas Motion that Guardianship Order be Modified to Allow Ward to Vote, outlining the process, requirements, and different types of modifications that can be pursued. 1. Understanding the Harris Texas Motion: The Harris Texas Motion that Guardianship Order be Modified to Allow Ward to Vote refers to a legal filing made to the Harris County Probate Court. This motion seeks to amend an existing guardianship order to ensure that the person under guardianship (referred to as the ward) can exercise their voting rights. 2. Eligibility for Modification: To initiate the modification process, certain conditions must be met. The ward or their appointed representative must demonstrate that the individual possesses the necessary mental capacity to understand and participate in the voting process, despite being under guardianship. Additionally, they must prove that the ward's interests and preferences align with their desire to vote. 3. The Modification Process: The modification process varies depending on the individual's circumstances and the specific provisions included in the original guardianship order. Typically, it involves filing a motion with the Harris County Probate Court, providing evidence and documentation supporting the ward's ability and willingness to vote. The court will then evaluate the case based on its merits and issue a ruling. 4. Different Types of Modification: a) Temporary Modification: In certain cases, a temporary modification can be sought, allowing the ward to vote on a specific occasion, such as during a local, state, or national election. This can be applicable if the ward's mental capacity is fluctuating or expected to improve. b) Full Modification: A full modification aims to remove the voting restriction permanently from the guardianship order. It requires a compelling case demonstrating the ward's consistent mental capacity and understanding of their voting rights. c) Limited Modification: This type of modification grants the ward the right to vote only on specific issues or in select elections, depending on the court's discretion. It may be applicable for situations where the ward may need assistance with decision-making on certain matters. Conclusion: The Harris Texas Motion that Guardianship Order be Modified to Allow Ward to Vote allows for the adjustment of guardianship orders, giving individuals under guardianship the opportunity to exercise their right to vote. By following the proper legal process and meeting the eligibility criteria, the ward or their representative can seek the modification to align the guardianship order with the ward's desire to participate in the democratic process.
