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The use of force, but not deadly force, against a mental incompetent is justified:
(1)?if the actor is the incompetent's guardian or someone similarly responsible for the general care and supervision of the incompetent; ?and
(2)?when and to the degree the actor reasonably believes the force is necessary:
(A)?to safeguard and promote the incompetent's welfare; ?or
(B)?if the incompetent is in an institution for his care and custody, to maintain discipline in the institution.
Any separate agency or entity created pursuant to this chapter shall have the power to invest any money in the treasury pursuant to Section 6505.5 that is not required for the immediate necessities of the agency or entity, as the agency or entity determines is advisable, in the same manner and upon the same conditions as local agencies pursuant to Section 53601 of the Government Code.
If a nonprofit corporation is designated by the agreement to administer or execute the agreement for the parties to the agreement, it shall invest any moneys held for disbursement on behalf of the parties in the same manner and upon the same conditions as local agencies pursuant to Section 53601.
Cite this article: FindLaw.com - Texas Penal Code - PENAL § 9.63. Guardian-Incompetent - last updated April 14, 2021 | https://codes.findlaw.com/tx/penal-code/penal-sect-9-63/
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