Amends TCA Title 34.
If a respondent has been examined by a physician, psychologist, or senior psychological examiner, where appropriate, not more than 90 days prior to the filing of a petition for conservatorship and if the examination is pertinent, then present law requires the report of the examination be submitted with the petition. If the respondent has not been so examined, cannot get out to be examined, or refuses to be voluntarily examined, then the court must order the respondent to submit to such an examination by either the respondent's physician, psychologist, or senior psychological examiner or such a medical professional selected by the court. The physician, psychologist, or senior psychological examiner, on completing the examination, must send a sworn written report to the court with copies to the petitioner and the guardian ad litem, and such report must be made a part of the court record. This bill removes the specific terms "physician," "psychologist," and "senior psychological examiner" and, instead, refers to an "examiner." This bill also removes the requirement that the examination be made a part of the court record. Present law authorizes the court, on motion by the petitioner, the respondent, the adversary counsel, the guardian ad litem, or on its own initiative, to order the respondent to submit to examination by such physicians, psychologists, senior psychological examiners, or other specialists who have expertise in the specific disability of the respondent. The examiner must send a sworn written report to the court with copies to the petitioner, the guardian ad litem, and the person requesting the second examination. The court may assess the cost of the second examination against the property of the person with a disability or against the person requesting the examination. This bill also removes the specific terms "physician," "psychologist," and "senior psychological examiner" and, instead, refers to an "examiner." However, this bill adds the term "specialist" and, in each reference in the provision above to "examiner," the reference also includes a "specialist." Additionally, this bill removes the requirement that the examiner send a copy of the sworn written report to the person requesting the second examination.
If a respondent has been examined by a physician, psychologist, or senior psychological examiner, where appropriate, not more than 90 days prior to the filing of a petition for conservatorship and if the examination is pertinent, then present law requires the report of the examination be submitted with the petition. If the respondent has not been so examined, cannot get out to be examined, or refuses to be voluntarily examined, then the court must order the respondent to submit to such an examination by either the respondent's physician, psychologist, or senior psychological examiner or such a medical professional selected by the court. The physician, psychologist, or senior psychological examiner, on completing the examination, must send a sworn written report to the court with copies to the petitioner and the guardian ad litem, and such report must be made a part of the court record. This bill removes the specific terms "physician," "psychologist," and "senior psychological examiner" and, instead, refers to an "examiner." This bill also removes the requirement that the examination be made a part of the court record. Present law authorizes the court, on motion by the petitioner, the respondent, the adversary counsel, the guardian ad litem, or on its own initiative, to order the respondent to submit to examination by such physicians, psychologists, senior psychological examiners, or other specialists who have expertise in the specific disability of the respondent. The examiner must send a sworn written report to the court with copies to the petitioner, the guardian ad litem, and the person requesting the second examination. The court may assess the cost of the second examination against the property of the person with a disability or against the person requesting the examination. This bill also removes the specific terms "physician," "psychologist," and "senior psychological examiner" and, instead, refers to an "examiner." However, this bill adds the term "specialist" and, in each reference in the provision above to "examiner," the reference also includes a "specialist." Additionally, this bill removes the requirement that the examiner send a copy of the sworn written report to the person requesting the second examination.
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