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.
San Antonio Texas Motion for Guardianship Order Modification to Allow Ward to Vote refers to a legal request made by a ward (a person who is legally placed under the care of a guardian due to incapacity or disability) seeking permission to exercise their right to vote. This motion aims to modify an existing guardianship order that restricts the ward's ability to participate in democratic processes, specifically voting, by seeking to remove or modify the provision that disallows them from voting. In San Antonio, Texas, as in many jurisdictions, individuals who require guardianship due to physical or mental incapacity may have their rights restricted or limited to ensure their well-being and interests are protected. However, the right to vote is considered a fundamental one, and any deprivation of this right should be subjected to strict scrutiny. By filing a Motion for Guardianship Order Modification to Allow Ward to Vote, the ward is essentially challenging the existing provisions of their guardianship order that prevent them from exercising their right to vote. The motion will typically be filed with the appropriate court in San Antonio, Texas, and must provide substantial evidence and reasoning as to why the ward is capable of exercising their voting rights without jeopardizing their health, safety, or welfare. It is important to note that there may be different situations or types of motions for the modification of a guardianship order to allow the ward to vote. Some examples might include: 1. Temporary Modification Motion: This type of motion is filed when the ward's desire to vote pertains to a specific upcoming election. The ward, through their attorney or legal representative, would argue that temporarily modifying the guardianship order to permit voting for a limited time would not be detrimental to their well-being. 2. Permanent Modification Motion: A permanent modification motion seeks to remove or modify the provision in the guardianship order that restricts the ward's right to vote entirely. The ward and their legal representative would present substantial evidence supporting the ward's capacity to make informed decisions and participate in voting without any impact on their ability to function under the care of a guardian. To be successful, the motion must provide persuasive evidence demonstrating the ward's ability to understand and assess their choices, comprehend the political process, and make informed decisions regarding candidates and ballot measures. This may involve gathering evaluations from medical professionals, psychologists, or other experts who can attest to the ward's cognitive capabilities. In conclusion, a San Antonio Texas Motion for Guardianship Order Modification to Allow Ward to Vote is a legal request made by a ward seeking permission to participate in democratic processes through voting. This motion varies in its type, including temporary or permanent modifications, and requires substantial evidence demonstrating the ward's capacity to understand and actively engage in the electoral process.
