This application may be modified for use under Tex. Health & Safety Code § 574.010 to obtain examination of a proposed patient in a court-ordered mental-health application.
[Caption. See § 3 of the Introduction in this manual.]
Motion for Examination
This Motion for Examination under rule 204 of the Texas Rules of Civil Procedure and section [1101.103/1101.104] of the Texas Estates Code is filed by [name of attorney ad litem], Attorney Ad Litem, as attorney ad litem for [name of ward or proposed ward], [Ward/Proposed Ward], who shows in support:
1.Attorney Ad Litem believes [Ward/Proposed Ward] should be evaluated by [name of examiner], an independent medical doctor, for the purpose of determining the [degree of physical incapacity/mental condition/degree of mental retardation] of [Ward/Proposed Ward] and the prognosis.
2.Good cause is shown for an examination of [Ward/Proposed Ward] because [his/her] [degree of physical incapacity/mental condition/degree of mental retardation] is in controversy in this proceeding.
3.Attorney Ad Litem moves that the Court designate the time, place, manner, conditions, and scope of the examination to be conducted by [name of examiner].
4.Attorney Ad Litem requests that [he/she] be provided with a copy of the findings of the examination.
5.Attorney Ad Litem requests that [the costs of the examination be paid out of the assets of [Ward’s/Proposed Ward’s] estate/[county] County, Texas, be responsible for payment of such costs under section 1155.101 of the Texas Estates Code].
[Name], Attorney Ad Litem, prays that the Court order [Ward/Proposed Ward] to appear before [name of examiner] for the purpose of undergoing a [medical/mental] examination in accordance with rule 204 of the Texas Rules of Civil Procedure and section [1101.103/1101.104] of the Texas Estates Code to determine the [degree of physical incapacity/mental condition/degree of mental retardation] and that a written report be filed with the Court and provided to Attorney Ad Litem and that the costs of such examination be ordered paid as deemed proper by the Court.
Respectfully submitted,
[Name]
Attorney Ad Litem
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]
Notice of Hearing
The above motion is set for hearing on ____________________ at __________ __.m. in [designation and location of court].
SIGNED on ________________________________.
Judge or Clerk
Certificate of Service
I certify that a true copy of this [title of document] was served in accordance with rule 21a of the Texas Rules of Civil Procedure.
SIGNED on ________________________________.
[Name of attorney]