Q: Where can I find the text for Texas Probate Law Annotated Section 490?
I am searching to find the text in the code referencing the definition of mental capacity and the proper steps, guidelines or procedures to determine capacity for the purpose of triggering the attorney-in-fact’s ability or authorization to act. This matter takes place in Texas and all documents were created in Texas. The POA document gives no details. Instructions or definitions to follow regarding the stated stipulation of requiring a physician to certify in writing that the principal can no longer make decisions. These is extremely vague. Currently a handscribbled not is claimed to be the proof of incapacity yet how would anyone know who actually scribbled the note? There are no exams, findings, tests, blood work, nothing. If section 490 of the Texas Estate Code Annotated is the only place in the estate code that might address this, then there is nothing in the law to protect the principal from gross abuse.
A:
Texas now operates under the Estates Code and no longer has a separate probate code.
Typically your document will define what action must take place in order to trigger the authority, i.e. person must be examined and certified by a doctor to be unable to make sound decisions, etc. You must follow what the document states.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
