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Chapter 10

Form 10-7

[Caption. See § 3 of the Introduction in this manual.]

Order for Independent Mental Examination

On [date] the Court considered the Motion for Independent Mental Examination filed by [name of movant], and the Court, after finding that proper notice has been given and hear­ing the evidence and having considered the motion and the applicable law, finds that good cause has been shown for the granting of the motion pursuant to section [1101.103/1101.104] of the Texas Estates Code.

IT IS THEREFORE ORDERED that [name of doctor], a board-certified [include if applicable: geriatric/pediatric] [psychiatrist/psychologist/physician] is hereby appointed by the Court to [describe scope of examination, e.g., examine [name of proposed ward]’s mental status and assess [his/her] rehabilitation needs], and should render [his/her] findings in a writ­ten report to this Court.

IT IS FURTHER ORDERED that all parties and their attorneys deliver all medical records from [date] to the present [include if applicable: , including the caretaker’s daily log of medications,] to the [psychiatrist/psychologist/physician] within three days of the date of this Order.

IT IS FURTHER ORDERED that no one will be present during the examination other than [name of proposed ward] and [name of doctor] and [his/her] medical staff and medical advisors and that no one communicate with [name of doctor] other than by letter with the medical records with copies to all attorneys of record.

IT IS FURTHER ORDERED that the cost of the examination and report be paid to [name of doctor] by [name of proposed ward]’s estate.

SIGNED on ________________________________.

   
JUDGE PRESIDING

APPROVED:

By:      
     [Name]
     Attorney for Movant
     State Bar No.:
     [Email address]
     [Address]
     [Telephone]
     [Telecopier]