Texas Statutes
Estates Code
Title 3 - Guardianship and Related Procedures

Section 1002.014. Guardianship Certification Program of the Judicial Branch Certification Commission - Sec. 1002.014. GUARDIANSHIP CERTIFICATION PROGRAM OF THE JUDICIAL BRANCH CERTIFICATION...

Section 1002.015. Guardianship Proceeding - Sec. 1002.015. GUARDIANSHIP PROCEEDING. The term "guardianship proceeding" means a...

Section 1002.016. Guardianship Program - Sec. 1002.016. GUARDIANSHIP PROGRAM. "Guardianship program" has the meaning assigned...

Section 1002.017. Incapacitated Person - Sec. 1002.017. INCAPACITATED PERSON. "Incapacitated person" means: (1) a minor;...

Section 1002.018. Interested Person; Person Interested - Sec. 1002.018. INTERESTED PERSON; PERSON INTERESTED. "Interested person" or "person...

Section 1002.019. Minor - Sec. 1002.019. MINOR. "Minor" means a person younger than 18...

Section 1002.020. Mortgage; Lien - Sec. 1002.020. MORTGAGE; LIEN. "Mortgage" and "lien" include: (1) a...

Section 1002.021. Next of Kin - Sec. 1002.021. NEXT OF KIN. "Next of kin" includes: (1)...

Section 1002.022. Parent - Sec. 1002.022. PARENT. "Parent" means the mother of a child,...

Section 1002.023. Person - Sec. 1002.023. PERSON. (a) "Person" includes a natural person, a...

Section 1002.024. Personal Property - Sec. 1002.024. PERSONAL PROPERTY. "Personal property" includes an interest in:...

Section 1002.025. Private Professional Guardian - Sec. 1002.025. PRIVATE PROFESSIONAL GUARDIAN. "Private professional guardian" has the...

Section 1002.026. Proposed Ward - Sec. 1002.026. PROPOSED WARD. "Proposed ward" means a person alleged...

Section 1002.027. Real Property - Sec. 1002.027. REAL PROPERTY. "Real property" includes estates and interests...

Section 1002.028. Representative; Personal Representative - Sec. 1002.028. REPRESENTATIVE; PERSONAL REPRESENTATIVE. "Representative" and "personal representative" include:...

Section 1002.029. Surety - Sec. 1002.029. SURETY. "Surety" includes a personal surety and a...

Section 1002.030. Ward - Sec. 1002.030. WARD. "Ward" means a person for whom a...

Section 1002.031. Supports and Services - Sec. 1002.031. SUPPORTS AND SERVICES. "Supports and services" means available...

Subtitle B - Scope, Jurisdiction, and Venue

Chapter 1021 - General Provisions

Section 1021.001. Matters Related to Guardianship Proceeding - Sec. 1021.001. MATTERS RELATED TO GUARDIANSHIP PROCEEDING. (a) For purposes...

Chapter 1022 - Jurisdiction

Section 1022.001. General Probate Court Jurisdiction in Guardianship Proceedings; Appeals - Sec. 1022.001. GENERAL PROBATE COURT JURISDICTION IN GUARDIANSHIP PROCEEDINGS; APPEALS....

Section 1022.002. Original Jurisdiction for Guardianship Proceedings - Sec. 1022.002. ORIGINAL JURISDICTION FOR GUARDIANSHIP PROCEEDINGS. (a) In a...

Section 1022.003. Jurisdiction of Contested Guardianship Proceeding in County With No Statutory Probate Court or County Court at Law - Sec. 1022.003. JURISDICTION OF CONTESTED GUARDIANSHIP PROCEEDING IN COUNTY WITH...

Section 1022.004. Jurisdiction of Contested Guardianship Proceeding in County With No Statutory Probate Court - Sec. 1022.004. JURISDICTION OF CONTESTED GUARDIANSHIP PROCEEDING IN COUNTY WITH...

Section 1022.005. Exclusive Jurisdiction of Guardianship Proceeding in County With Statutory Probate Court - Sec. 1022.005. EXCLUSIVE JURISDICTION OF GUARDIANSHIP PROCEEDING IN COUNTY WITH...

Section 1022.006. Concurrent Jurisdiction With District Court - Sec. 1022.006. CONCURRENT JURISDICTION WITH DISTRICT COURT. A statutory probate...

Section 1022.007. Transfer of Proceeding by Statutory Probate Court - Sec. 1022.007. TRANSFER OF PROCEEDING BY STATUTORY PROBATE COURT. (a)...

Section 1022.008. Transfer of Contested Guardianship of the Person of a Minor - Sec. 1022.008. TRANSFER OF CONTESTED GUARDIANSHIP OF THE PERSON OF...

Chapter 1023 - Venue

Section 1023.001. Venue for Appointment of Guardian - Sec. 1023.001. VENUE FOR APPOINTMENT OF GUARDIAN. (a) Except as...

Section 1023.002. Concurrent Venue and Transfer for Want of Venue - Sec. 1023.002. CONCURRENT VENUE AND TRANSFER FOR WANT OF VENUE....

Section 1023.003. Transfer of Guardianship to Another County - Sec. 1023.003. TRANSFER OF GUARDIANSHIP TO ANOTHER COUNTY. (a) When...

Section 1023.004. Notice - Sec. 1023.004. NOTICE. (a) On filing an application or on...

Section 1023.005. Court Action - Sec. 1023.005. COURT ACTION. (a) On hearing an application or...

Section 1023.006. Transfer of Record - Sec. 1023.006. TRANSFER OF RECORD. When an order of transfer...

Section 1023.007. Transfer Effective - Sec. 1023.007. TRANSFER EFFECTIVE. The order transferring a guardianship does...

Section 1023.008. Continuation of Guardianship - Sec. 1023.008. CONTINUATION OF GUARDIANSHIP. (a) When a guardianship is...

Section 1023.009. New Guardian Appointed on Transfer - Sec. 1023.009. NEW GUARDIAN APPOINTED ON TRANSFER. If it appears...

Section 1023.010. Review of Transferred Guardianship - Sec. 1023.010. REVIEW OF TRANSFERRED GUARDIANSHIP. (a) Not later than...

Section 1023.011. No Liability of Judge - Sec. 1023.011. NO LIABILITY OF JUDGE. (a) When a guardianship...

Subtitle C - Procedural Matters

Chapter 1051 - Notices and Process in Guardianship Proceedings in General

Subchapter A. Issuance and Form of Notice or Process

Section 1051.001. Issuance of Notice or Process in General - Sec. 1051.001. ISSUANCE OF NOTICE OR PROCESS IN GENERAL. (a)...

Section 1051.002. Direction of Writ or Other Process - Sec. 1051.002. DIRECTION OF WRIT OR OTHER PROCESS. (a) A...

Section 1051.003. Contents of Citation or Notice - Sec. 1051.003. CONTENTS OF CITATION OR NOTICE. (a) A citation...

Subchapter B. Methods of Serving Citation or Notice; Persons to Be Served

Section 1051.051. Personal Service - Sec. 1051.051. PERSONAL SERVICE. (a) Except as otherwise provided by...

Section 1051.052. Service by Mail - Sec. 1051.052. SERVICE BY MAIL. (a) The county clerk, or...

Section 1051.053. Service by Posting - Sec. 1051.053. SERVICE BY POSTING. (a) The county clerk shall...

Section 1051.054. Service by Publication - Sec. 1051.054. SERVICE BY PUBLICATION. (a) Except as provided by...

Section 1051.055. Service on Party's Attorney of Record - Sec. 1051.055. SERVICE ON PARTY'S ATTORNEY OF RECORD. (a) If...

Section 1051.056. Service on Guardian or Receiver - Sec. 1051.056. SERVICE ON GUARDIAN OR RECEIVER. Unless this title...

Subchapter C. Notice and Citation Required for Application for Guardianship

Section 1051.101. Notice Required for Application for Guardianship; Citation of Applicant Not Required - Sec. 1051.101. NOTICE REQUIRED FOR APPLICATION FOR GUARDIANSHIP; CITATION OF...

Section 1051.102. Issuance of Citation for Application for Guardianship - Sec. 1051.102. ISSUANCE OF CITATION FOR APPLICATION FOR GUARDIANSHIP. (a)...

Section 1051.103. Service of Citation for Application for Guardianship - Sec. 1051.103. SERVICE OF CITATION FOR APPLICATION FOR GUARDIANSHIP. (a)...

Section 1051.104. Notice by Applicant for Guardianship - Sec. 1051.104. NOTICE BY APPLICANT FOR GUARDIANSHIP. (a) The person...

Section 1051.105. Waiver of Notice of Application for Guardianship - Sec. 1051.105. WAIVER OF NOTICE OF APPLICATION FOR GUARDIANSHIP. A...

Section 1051.106. Action by Court on Application for Guardianship - Sec. 1051.106. ACTION BY COURT ON APPLICATION FOR GUARDIANSHIP. The...

Subchapter D. Return and Proof of Service of Citation or Notice

Section 1051.151. Requirements for Return on Citation or Notice Served by Personal Service - Sec. 1051.151. REQUIREMENTS FOR RETURN ON CITATION OR NOTICE SERVED...

Section 1051.152. Validity of Service and Return on Citation or Notice Served by Posting - Sec. 1051.152. VALIDITY OF SERVICE AND RETURN ON CITATION OR...

Section 1051.153. Proof of Service - Sec. 1051.153. PROOF OF SERVICE. (a) Proof of service in...

Section 1051.154. Return to Court - Sec. 1051.154. RETURN TO COURT. A citation or notice issued...

Subchapter E. Alternative Manner of Issuance, Service, and Return

Section 1051.201. Court-Ordered Issuance, Service, and Return Under Certain Circumstances - Sec. 1051.201. COURT-ORDERED ISSUANCE, SERVICE, AND RETURN UNDER CERTAIN CIRCUMSTANCES....

Subchapter F. Additional Notice Provisions

Section 1051.251. Waiver of Notice of Hearing - Sec. 1051.251. WAIVER OF NOTICE OF HEARING. (a) A competent...

Section 1051.252. Request for Notice of Filing of Pleading - Sec. 1051.252. REQUEST FOR NOTICE OF FILING OF PLEADING. (a)...

Section 1051.253. Service of Notice of Intention to Take Depositions in Certain Proceedings - Sec. 1051.253. SERVICE OF NOTICE OF INTENTION TO TAKE DEPOSITIONS...

Chapter 1052 - Filing and Recordkeeping

Subchapter A. Recordkeeping Requirements

Section 1052.001. Guardianship Docket - Sec. 1052.001. GUARDIANSHIP DOCKET. (a) The county clerk shall maintain...

Section 1052.002. Claim Docket - Sec. 1052.002. CLAIM DOCKET. (a) The county clerk shall maintain...

Section 1052.003. Guardianship Fee Book - Sec. 1052.003. GUARDIANSHIP FEE BOOK. (a) The county clerk shall...

Section 1052.004. Alternate Recordkeeping - Sec. 1052.004. ALTERNATE RECORDKEEPING. Instead of maintaining the record books...

Subchapter B. Files; Index

Section 1052.051. Filing Procedures - Sec. 1052.051. FILING PROCEDURES. (a) An application for a guardianship...

Section 1052.052. Case Files - Sec. 1052.052. CASE FILES. (a) The county clerk shall maintain...

Section 1052.053. Index - Sec. 1052.053. INDEX. (a) The county clerk shall properly index...

Chapter 1053 - Other Court Duties and Procedures

Subchapter A. Enforcement of Orders

Section 1053.001. Enforcement of Orders - Sec. 1053.001. ENFORCEMENT OF ORDERS. A judge may enforce an...

Subchapter B. Costs and Security

Section 1053.051. Applicability of Certain Laws - Sec. 1053.051. APPLICABILITY OF CERTAIN LAWS. A law regulating costs...

Section 1053.052. Security for Certain Costs - Sec. 1053.052. SECURITY FOR CERTAIN COSTS. (a) The clerk may...

Section 1053.053. Exemption From Guardianship Proceeding Fees for Certain Military Servicemembers - Sec. 1053.053. EXEMPTION FROM GUARDIANSHIP PROCEEDING FEES FOR CERTAIN MILITARY...

Section 1053.054. Exemption From Guardianship Fees for Certain Law Enforcement Officers, Firefighters, and Others - Sec. 1053.054. EXEMPTION FROM GUARDIANSHIP FEES FOR CERTAIN LAW ENFORCEMENT...

Subchapter C. Procedures for Guardianship Proceedings

Section 1053.101. Calling of Dockets - Sec. 1053.101. CALLING OF DOCKETS. The judge in whose court...

Section 1053.102. Setting of Certain Hearings by Clerk - Sec. 1053.102. SETTING OF CERTAIN HEARINGS BY CLERK. (a) If...

Section 1053.103. Rendering of Decisions, Orders, Decrees, and Judgments - Sec. 1053.103. RENDERING OF DECISIONS, ORDERS, DECREES, AND JUDGMENTS. The...

Section 1053.104. Confidentiality of Certain Information - Sec. 1053.104. CONFIDENTIALITY OF CERTAIN INFORMATION. (a) On request by...

Section 1053.105. Inapplicability of Certain Rules of Civil Procedure - Sec. 1053.105. INAPPLICABILITY OF CERTAIN RULES OF CIVIL PROCEDURE. The...

Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys

Subchapter A. Attorneys Ad Litem and Interpreters

Section 1054.001. Appointment of Attorney Ad Litem in Proceeding for Appointment of Guardian - Sec. 1054.001. APPOINTMENT OF ATTORNEY AD LITEM IN PROCEEDING FOR...

Section 1054.002. Term of Appointment - Sec. 1054.002. TERM OF APPOINTMENT. (a) Unless the court determines...

Section 1054.003. Access to Records - Sec. 1054.003. ACCESS TO RECORDS. An attorney ad litem appointed...

Section 1054.004. Duties - Sec. 1054.004. DUTIES. (a) An attorney ad litem appointed under...

Section 1054.005. Appointment of Interpreter - Sec. 1054.005. APPOINTMENT OF INTERPRETER. At the time the court...

Section 1054.006. Representation of Ward or Proposed Ward by Attorney - Sec. 1054.006. REPRESENTATION OF WARD OR PROPOSED WARD BY ATTORNEY....

Section 1054.007. Attorneys Ad Litem - Sec. 1054.007. ATTORNEYS AD LITEM. (a) Except in a situation...

Subchapter B. Guardians Ad Litem

Section 1054.051. Appointment of Guardian Ad Litem in Guardianship Proceeding - Sec. 1054.051. APPOINTMENT OF GUARDIAN AD LITEM IN GUARDIANSHIP PROCEEDING....

Section 1054.052. Appointment of Guardian Ad Litem Relating to Certain Other Suits - Sec. 1054.052. APPOINTMENT OF GUARDIAN AD LITEM RELATING TO CERTAIN...

Section 1054.053. Term of Certain Appointments - Sec. 1054.053. TERM OF CERTAIN APPOINTMENTS. Unless the court determines...

Section 1054.054. Duties - Sec. 1054.054. DUTIES. (a) A guardian ad litem is an...

Section 1054.055. Compensation and Expenses - Sec. 1054.055. COMPENSATION AND EXPENSES. (a) A guardian ad litem...

Section 1054.056. Immunity - Sec. 1054.056. IMMUNITY. (a) Subject to Subsection (b), a guardian...

Subchapter C. Court Visitors

Section 1054.101. Inapplicability of Subchapter to Certain Guardianships - Sec. 1054.101. INAPPLICABILITY OF SUBCHAPTER TO CERTAIN GUARDIANSHIPS. This subchapter...

Section 1054.102. Operation of Court Visitor Program - Sec. 1054.102. OPERATION OF COURT VISITOR PROGRAM. (a) Each statutory...

Section 1054.103. Evaluation of Ward or Proposed Ward - Sec. 1054.103. EVALUATION OF WARD OR PROPOSED WARD. A court,...

Section 1054.104. Evaluation Report - Sec. 1054.104. EVALUATION REPORT. (a) A court visitor appointed under...

Section 1054.105. Compensation - Sec. 1054.105. COMPENSATION. (a) A court that operates a court...

Subchapter D. Court Investigators

Section 1054.151. Investigation of Guardianship Application - Sec. 1054.151. INVESTIGATION OF GUARDIANSHIP APPLICATION. On the filing of...

Section 1054.152. General Duties - Sec. 1054.152. GENERAL DUTIES. A court investigator shall: (1) supervise...

Section 1054.153. Investigation Report - Sec. 1054.153. INVESTIGATION REPORT. (a) A court investigator shall file...

Section 1054.154. Effect of Subchapter on Other Law - Sec. 1054.154. EFFECT OF SUBCHAPTER ON OTHER LAW. Nothing in...

Section 1054.155. Notice Regarding Request to Financial Institution for Customer Records - Sec. 1054.155. NOTICE REGARDING REQUEST TO FINANCIAL INSTITUTION FOR CUSTOMER...

Section 1054.156. Appointment of Court Investigator for Certain Courts - Sec. 1054.156. APPOINTMENT OF COURT INVESTIGATOR FOR CERTAIN COURTS. (a)...

Subchapter E. Qualifications to Serve as Attorney

Section 1054.201. Certification Required - Sec. 1054.201. CERTIFICATION REQUIRED. (a) Except as provided by Subsection...

Section 1054.202. Certificate Expiration - Sec. 1054.202. CERTIFICATE EXPIRATION. (a) Except as provided by Subsection...

Section 1054.203. Eligibility for Appointment on Expiration of Certificate - Sec. 1054.203. ELIGIBILITY FOR APPOINTMENT ON EXPIRATION OF CERTIFICATE. An...

Chapter 1055 - Trial and Hearing Matters

Subchapter A. Standing and Pleadings

Section 1055.001. Standing to Commence or Contest Proceeding - Sec. 1055.001. STANDING TO COMMENCE OR CONTEST PROCEEDING. (a) Except...

Section 1055.002. Defect in Pleading - Sec. 1055.002. DEFECT IN PLEADING. A court may not invalidate...

Section 1055.003. Intervention by Interested Person - Sec. 1055.003. INTERVENTION BY INTERESTED PERSON. (a) Notwithstanding the Texas...

Subchapter B. Trial and Hearing

Section 1055.051. Hearing by Submission - Sec. 1055.051. HEARING BY SUBMISSION. (a) A court may consider...

Section 1055.052. Trial by Jury - Sec. 1055.052. TRIAL BY JURY. A party in a contested...

Section 1055.053. Location of Hearing - Sec. 1055.053. LOCATION OF HEARING. (a) Except as provided by...

Subchapter C. Evidence

Section 1055.101. Applicability of Certain Rules Relating to Witnesses and Evidence - Sec. 1055.101. APPLICABILITY OF CERTAIN RULES RELATING TO WITNESSES AND...

Section 1055.102. Use of Certain Records as Evidence - Sec. 1055.102. USE OF CERTAIN RECORDS AS EVIDENCE. The following...

Subchapter D. Mediation

Section 1055.151. Mediation of Contested Guardianship Proceeding - Sec. 1055.151. MEDIATION OF CONTESTED GUARDIANSHIP PROCEEDING. (a) Subject to...

Section 1055.152. Mediated Settlement Agreements - Sec. 1055.152. MEDIATED SETTLEMENT AGREEMENTS. (a) A mediated settlement agreement...

Chapter 1056 - Execution, Attachment, and Bill of Review

Subchapter A. Execution

Section 1056.001. Executions in Guardianship Proceedings - Sec. 1056.001. EXECUTIONS IN GUARDIANSHIP PROCEEDINGS. (a) An execution in...

Subchapter B. Attachment of Estate Property

Section 1056.051. Order for Issuance of Writ of Attachment - Sec. 1056.051. ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT. (a)...

Section 1056.052. Bond - Sec. 1056.052. BOND. Before a judge may issue a writ...

Subchapter C. Bill of Review

Section 1056.101. Revision and Correction of Order or Judgment in Guardianship Proceeding - Sec. 1056.101. REVISION AND CORRECTION OF ORDER OR JUDGMENT IN...

Section 1056.102. Injunction - Sec. 1056.102. INJUNCTION. A process or action under a court...

Chapter 1057 - Change and Resignation of Resident Agent of Guardian for Service of Process

Section 1057.001. Change of Resident Agent - Sec. 1057.001. CHANGE OF RESIDENT AGENT. (a) A guardian may...

Section 1057.002. Resignation of Resident Agent - Sec. 1057.002. RESIGNATION OF RESIDENT AGENT. (a) A resident agent...

Subtitle D - Creation of Guardianship

Chapter 1101 - General Procedure to Appoint Guardian

Subchapter A. Initiation of Proceeding for Appointment of Guardian

Section 1101.001. Application for Appointment of Guardian; Contents - Sec. 1101.001. APPLICATION FOR APPOINTMENT OF GUARDIAN; CONTENTS. (a) Any...

Section 1101.002. Contents of Application; Confidentiality of Certain Addresses - Sec. 1101.002. CONTENTS OF APPLICATION; CONFIDENTIALITY OF CERTAIN ADDRESSES. An...

Subchapter B. Hearing; Jury Trial

Section 1101.051. Hearing - Sec. 1101.051. HEARING. (a) At a hearing for the appointment...

Section 1101.052. Jury Trial - Sec. 1101.052. JURY TRIAL. A proposed ward is entitled to...

Section 1101.053. Provision of Records Required; Use of Records - Sec. 1101.053. PROVISION OF RECORDS REQUIRED; USE OF RECORDS. (a)...

Subchapter C. Determination of Necessity of Guardianship; Findings and Proof

Section 1101.101. Findings and Proof Required - Sec. 1101.101. FINDINGS AND PROOF REQUIRED. (a) Before appointing a...

Section 1101.102. Determination of Incapacity of Certain Adults: Recurring Acts or Occurrences - Sec. 1101.102. DETERMINATION OF INCAPACITY OF CERTAIN ADULTS: RECURRING ACTS...

Section 1101.103. Determination of Incapacity of Certain Adults: Physician Examination - Sec. 1101.103. DETERMINATION OF INCAPACITY OF CERTAIN ADULTS: PHYSICIAN EXAMINATION....

Section 1101.104. Examinations and Documentation Regarding Intellectual Disability - Sec. 1101.104. EXAMINATIONS AND DOCUMENTATION REGARDING INTELLECTUAL DISABILITY. If an...

Section 1101.105. Prohibition Against Consideration of Age as Sole Factor in Appointment of Guardian for Adults - Sec. 1101.105. PROHIBITION AGAINST CONSIDERATION OF AGE AS SOLE FACTOR...

Section 1101.106. Evidence of Necessity of Guardianship to Receive Governmental Funds - Sec. 1101.106. EVIDENCE OF NECESSITY OF GUARDIANSHIP TO RECEIVE GOVERNMENTAL...

Subchapter D. Court Action

Section 1101.151. Order Appointing Guardian With Full Authority - Sec. 1101.151. ORDER APPOINTING GUARDIAN WITH FULL AUTHORITY. (a) If...

Section 1101.152. Order Appointing Guardian With Limited Authority - Sec. 1101.152. ORDER APPOINTING GUARDIAN WITH LIMITED AUTHORITY. (a) If...

Section 1101.153. General Contents of Order Appointing Guardian - Sec. 1101.153. GENERAL CONTENTS OF ORDER APPOINTING GUARDIAN. (a) A...

Section 1101.154. Appointment of Guardian of Estate for Certain Minors Prohibited - Sec. 1101.154. APPOINTMENT OF GUARDIAN OF ESTATE FOR CERTAIN MINORS...

Section 1101.155. Dismissal of Application - Sec. 1101.155. DISMISSAL OF APPLICATION. If it is found that...

Section 1101.156. Deposit of Estate Assets - Sec. 1101.156. DEPOSIT OF ESTATE ASSETS. (a) At the time...

Chapter 1102 - Court-Initiated Procedure to Appoint Guardian

Section 1102.001. Court-Initiated Investigation - Sec. 1102.001. COURT-INITIATED INVESTIGATION. (a) If a court has probable...

Section 1102.002. Establishment of Probable Cause for Investigation - Sec. 1102.002. ESTABLISHMENT OF PROBABLE CAUSE FOR INVESTIGATION. To establish...

Section 1102.003. Information Letter - Sec. 1102.003. INFORMATION LETTER. (a) An interested person who submits...

Section 1102.004. Application for Guardianship Following Investigation - Sec. 1102.004. APPLICATION FOR GUARDIANSHIP FOLLOWING INVESTIGATION. A guardian ad...

Section 1102.005. Compensation of Guardian Ad Litem - Sec. 1102.005. COMPENSATION OF GUARDIAN AD LITEM. (a) Regardless of...

Section 1102.006. Notice Regarding Request to Financial Institution for Customer Records - Sec. 1102.006. NOTICE REGARDING REQUEST TO FINANCIAL INSTITUTION FOR CUSTOMER...

Chapter 1103 - Procedure to Appoint Guardian for Certain Minors Requiring Guardianships as Adults

Section 1103.001. Application for Appointment of Guardian - Sec. 1103.001. APPLICATION FOR APPOINTMENT OF GUARDIAN. Not earlier than...

Section 1103.002. Appointment of Conservator as Guardian Without Hearing - Sec. 1103.002. APPOINTMENT OF CONSERVATOR AS GUARDIAN WITHOUT HEARING. (a)...

Section 1103.003. Effective Date of Guardianship - Sec. 1103.003. EFFECTIVE DATE OF GUARDIANSHIP. If the application filed...

Section 1103.004. Settlement and Closing of Prior Guardianship - Sec. 1103.004. SETTLEMENT AND CLOSING OF PRIOR GUARDIANSHIP. Notwithstanding Section...

Chapter 1104 - Selection of and Eligibility to Serve as Guardian

Subchapter A. General Provisions Relating to Appointment of Guardian

Section 1104.001. Guardian of the Person or Estate - Sec. 1104.001. GUARDIAN OF THE PERSON OR ESTATE. (a) Only...

Section 1104.002. Preference of Incapacitated Person - Sec. 1104.002. PREFERENCE OF INCAPACITATED PERSON. Before appointing a guardian,...

Section 1104.003. Training Required - Sec. 1104.003. TRAINING REQUIRED. A court may not appoint an...

Subchapter B. Selection of Guardian for Minor

Section 1104.051. Guardian of Minor Children - Sec. 1104.051. GUARDIAN OF MINOR CHILDREN. (a) If the parents...

Section 1104.052. Guardian for Minor Orphan - Sec. 1104.052. GUARDIAN FOR MINOR ORPHAN. In appointing a guardian...

Section 1104.053. Guardian Designated by Will or Written Declaration - Sec. 1104.053. GUARDIAN DESIGNATED BY WILL OR WRITTEN DECLARATION. (a)...

Section 1104.054. Selection of Guardian by Minor - Sec. 1104.054. SELECTION OF GUARDIAN BY MINOR. (a) Notwithstanding any...

Subchapter C. Selection of Guardian for Incapacitated Person Other Than Minor

Section 1104.101. Appointment According to Circumstances and Best Interests - Sec. 1104.101. APPOINTMENT ACCORDING TO CIRCUMSTANCES AND BEST INTERESTS. The...

Section 1104.102. Appointment Preferences - Sec. 1104.102. APPOINTMENT PREFERENCES. If the court finds that two...

Section 1104.103. Designation of Guardian by Will or Written Declaration - Sec. 1104.103. DESIGNATION OF GUARDIAN BY WILL OR WRITTEN DECLARATION....

Subchapter D. Written Declaration by Certain Parents to Appoint Guardian for Their Children

Section 1104.151. Definitions - Sec. 1104.151. DEFINITIONS. In this subchapter: (1) "Declaration" means a...

Section 1104.152. Requirements for Declaration - Sec. 1104.152. REQUIREMENTS FOR DECLARATION. (a) A declaration appointing an...

Section 1104.153. Form and Content of Declaration and Self-Proving Affidavit - Sec. 1104.153. FORM AND CONTENT OF DECLARATION AND SELF-PROVING AFFIDAVIT....

Section 1104.154. Alternative to Self-Proving Affidavit - Sec. 1104.154. ALTERNATIVE TO SELF-PROVING AFFIDAVIT. (a) As an alternative...

Section 1104.155. Alternate Self-Proving of Declaration - Sec. 1104.155. ALTERNATE SELF-PROVING OF DECLARATION. At any time during...

Section 1104.156. Filing of Declaration and Self-Proving Affidavit - Sec. 1104.156. FILING OF DECLARATION AND SELF-PROVING AFFIDAVIT. The declaration...

Section 1104.157. Proof of Declaration - Sec. 1104.157. PROOF OF DECLARATION. (a) The court may admit...

Section 1104.158. Prima Facie Evidence - Sec. 1104.158. PRIMA FACIE EVIDENCE. A properly executed and witnessed...

Section 1104.159. Revocation of Declaration - Sec. 1104.159. REVOCATION OF DECLARATION. The declarant may revoke a...

Section 1104.160. Alternate or Other Court-Appointed Guardian - Sec. 1104.160. ALTERNATE OR OTHER COURT-APPOINTED GUARDIAN. (a) The court...

Subchapter E. Written Declaration to Designate Guardian Before Need Arises

Section 1104.201. Definitions - Sec. 1104.201. DEFINITIONS. In this subchapter: (1) "Declaration" means a...

Section 1104.202. Designation of Guardian for Declarant - Sec. 1104.202. DESIGNATION OF GUARDIAN FOR DECLARANT. (a) A person...

Section 1104.203. Requirements for Declaration - Sec. 1104.203. REQUIREMENTS FOR DECLARATION. (a) Except as provided by...

Section 1104.204. Form and Content of Declaration and Self-Proving Affidavit - Sec. 1104.204. FORM AND CONTENT OF DECLARATION AND SELF-PROVING AFFIDAVIT....

Section 1104.205. Alternative to Self-Proving Affidavit - Sec. 1104.205. ALTERNATIVE TO SELF-PROVING AFFIDAVIT. (a) As an alternative...

Section 1104.206. Alternate Self-Proving of Declaration - Sec. 1104.206. ALTERNATE SELF-PROVING OF DECLARATION. At any time during...

Section 1104.207. Filing of Declaration and Self-Proving Affidavit - Sec. 1104.207. FILING OF DECLARATION AND SELF-PROVING AFFIDAVIT. The declaration...

Section 1104.208. Proof of Declaration - Sec. 1104.208. PROOF OF DECLARATION. (a) The court may admit...

Section 1104.209. Prima Facie Evidence - Sec. 1104.209. PRIMA FACIE EVIDENCE. A properly executed and witnessed...

Section 1104.210. Revocation of Declaration - Sec. 1104.210. REVOCATION OF DECLARATION. The declarant may revoke a...

Section 1104.211. Effect of Divorce on Designation of Spouse - Sec. 1104.211. EFFECT OF DIVORCE ON DESIGNATION OF SPOUSE. If...

Section 1104.212. Alternate or Other Court-Appointed Guardian - Sec. 1104.212. ALTERNATE OR OTHER COURT-APPOINTED GUARDIAN. (a) The court...

Subchapter F. Certification Requirements

Section 1104.251. Certification Required for Certain Guardians - Sec. 1104.251. CERTIFICATION REQUIRED FOR CERTAIN GUARDIANS. (a) An individual...

Section 1104.252. Effect of Provisional Certificate - Sec. 1104.252. EFFECT OF PROVISIONAL CERTIFICATE. For purposes of this...

Section 1104.253. Exception for Family Members and Friends - Sec. 1104.253. EXCEPTION FOR FAMILY MEMBERS AND FRIENDS. A family...

Section 1104.254. Exception for Certain Volunteers - Sec. 1104.254. EXCEPTION FOR CERTAIN VOLUNTEERS. An individual volunteering with...

Section 1104.255. Expiration of Certification - Sec. 1104.255. EXPIRATION OF CERTIFICATION. A person whose certification under...

Section 1104.256. Failure to Comply; Court's Duty to Notify - Sec. 1104.256. FAILURE TO COMPLY; COURT'S DUTY TO NOTIFY. The...

Section 1104.257. Information Regarding Services Provided by Guardianship Program - Sec. 1104.257. INFORMATION REGARDING SERVICES PROVIDED BY GUARDIANSHIP PROGRAM. Not...

Section 1104.258. Information Regarding Certain State Employees Providing Guardianship Services - Sec. 1104.258. INFORMATION REGARDING CERTAIN STATE EMPLOYEES PROVIDING GUARDIANSHIP SERVICES....

Subchapter G. Private Professional Guardians

Section 1104.301. Certification and Registration Required - Sec. 1104.301. CERTIFICATION AND REGISTRATION REQUIRED. A court may not...

Section 1104.302. Annual Certificate of Registration - Sec. 1104.302. ANNUAL CERTIFICATE OF REGISTRATION. A private professional guardian...

Section 1104.303. Requirements of Application - Sec. 1104.303. REQUIREMENTS OF APPLICATION. (a) An application for a...

Section 1104.304. Term of Registration; Renewal - Sec. 1104.304. TERM OF REGISTRATION; RENEWAL. (a) The term of...

Section 1104.305. Use of Registration Information - Sec. 1104.305. USE OF REGISTRATION INFORMATION. (a) The clerk shall...

Section 1104.306. Use of Names and Business Addresses - Sec. 1104.306. USE OF NAMES AND BUSINESS ADDRESSES. Not later...

Subchapter H. Grounds for Disqualification

Section 1104.351. Incapacity or Inexperience - Sec. 1104.351. INCAPACITY OR INEXPERIENCE. A person may not be...

Section 1104.352. Unsuitability - Sec. 1104.352. UNSUITABILITY. A person may not be appointed guardian...

Section 1104.353. Notoriously Bad Conduct; Presumption Concerning Best Interest - Sec. 1104.353. NOTORIOUSLY BAD CONDUCT; PRESUMPTION CONCERNING BEST INTEREST. (a)...

Section 1104.354. Conflict of Interest - Sec. 1104.354. CONFLICT OF INTEREST. A person may not be...

Section 1104.355. Disqualified in Declaration - Sec. 1104.355. DISQUALIFIED IN DECLARATION. A person may not be...

Section 1104.356. Lack of Certain Required Certification - Sec. 1104.356. LACK OF CERTAIN REQUIRED CERTIFICATION. A person may...

Section 1104.357. Nonresident Without Resident Agent - Sec. 1104.357. NONRESIDENT WITHOUT RESIDENT AGENT. A person may not...

Section 1104.358. Subject to Protective Order for Family Violence - Sec. 1104.358. SUBJECT TO PROTECTIVE ORDER FOR FAMILY VIOLENCE. A...

Section 1104.359. Effect of Lack of Required Registration - Sec. 1104.359. EFFECT OF LACK OF REQUIRED REGISTRATION. (a) A...

Subchapter I. Access to Criminal History Records

Section 1104.401. Definition - Sec. 1104.401. DEFINITION. In this subchapter, "department" means the Department...

Section 1104.402. Court Clerk's Duty to Obtain Criminal History Record Information; Authority to Charge Fee - Sec. 1104.402. COURT CLERK'S DUTY TO OBTAIN CRIMINAL HISTORY RECORD...

Section 1104.403. Submission of Criminal History Record Information by Proposed Guardian - Sec. 1104.403. SUBMISSION OF CRIMINAL HISTORY RECORD INFORMATION BY PROPOSED...

Section 1104.404. Exception for Information Concerning Certain Persons - Sec. 1104.404. EXCEPTION FOR INFORMATION CONCERNING CERTAIN PERSONS. (a) The...

Section 1104.405. Information for Exclusive Use of Court - Sec. 1104.405. INFORMATION FOR EXCLUSIVE USE OF COURT. (a) Criminal...

Section 1104.406. Department's Duty to Obtain Criminal History Record Information - Sec. 1104.406. DEPARTMENT'S DUTY TO OBTAIN CRIMINAL HISTORY RECORD INFORMATION....

Section 1104.407. Duty to Provide Information on Request - Sec. 1104.407. DUTY TO PROVIDE INFORMATION ON REQUEST. The department...

Section 1104.408. Information for Exclusive Use of Court or Guardianship Certification Program of Judicial Branch Certification Commission - Sec. 1104.408. INFORMATION FOR EXCLUSIVE USE OF COURT OR GUARDIANSHIP...

Section 1104.409. Use of Information by Court - Sec. 1104.409. USE OF INFORMATION BY COURT. The court shall...

Section 1104.410. Use of Information by Guardianship Certification Program of Judicial Branch Certification Commission - Sec. 1104.410. USE OF INFORMATION BY GUARDIANSHIP CERTIFICATION PROGRAM OF...

Section 1104.411. Criminal Offense for Unauthorized Release or Disclosure - Sec. 1104.411. CRIMINAL OFFENSE FOR UNAUTHORIZED RELEASE OR DISCLOSURE. (a)...

Section 1104.412. Effect of Subchapter on Department's Authority to Obtain or Use Information - Sec. 1104.412. EFFECT OF SUBCHAPTER ON DEPARTMENT'S AUTHORITY TO OBTAIN...

Chapter 1105 - Qualification of Guardians

Subchapter A. General Provisions

Section 1105.001. Definitions - Sec. 1105.001. DEFINITIONS. In this chapter: (1) "Bond" means a...

Section 1105.002. Manner of Qualification of Guardian - Sec. 1105.002. MANNER OF QUALIFICATION OF GUARDIAN. (a) Except as...

Section 1105.003. Period for Taking Oath or Making Declaration and Giving Bond - Sec. 1105.003. PERIOD FOR TAKING OATH OR MAKING DECLARATION AND...

Subchapter B. Oaths and Declarations

Section 1105.051. Oath or Declaration of Guardian - Sec. 1105.051. OATH OR DECLARATION OF GUARDIAN. (a) A guardian...

Section 1105.052. Administration of Oath or Making of Declaration - Sec. 1105.052. ADMINISTRATION OF OATH OR MAKING OF DECLARATION. The...

Subchapter C. General Provisions Relating to Bonds

Section 1105.101. Bond Generally Required; Exceptions - Sec. 1105.101. BOND GENERALLY REQUIRED; EXCEPTIONS. (a) Except as provided...

Section 1105.102. Bond for Certain Guardians of the Person - Sec. 1105.102. BOND FOR CERTAIN GUARDIANS OF THE PERSON. (a)...

Section 1105.103. Bond Required From Guardian Otherwise Exempt - Sec. 1105.103. BOND REQUIRED FROM GUARDIAN OTHERWISE EXEMPT. (a) This...

Section 1105.104. Bonds of Joint Guardians - Sec. 1105.104. BONDS OF JOINT GUARDIANS. If two or more...

Section 1105.105. Bond of Married Person - Sec. 1105.105. BOND OF MARRIED PERSON. (a) A married person...

Section 1105.106. Bond of Married Person Younger Than 18 Years of Age - Sec. 1105.106. BOND OF MARRIED PERSON YOUNGER THAN 18 YEARS...

Section 1105.107. Bond of Guardianship Program - Sec. 1105.107. BOND OF GUARDIANSHIP PROGRAM. The judge may require...

Section 1105.108. Subscription of Bond by Principals and Sureties - Sec. 1105.108. SUBSCRIPTION OF BOND BY PRINCIPALS AND SURETIES. A...

Section 1105.109. Form of Bond - Sec. 1105.109. FORM OF BOND. The following form, or a...

Section 1105.110. Filing of Bond - Sec. 1105.110. FILING OF BOND. A bond required under this...

Section 1105.111. Failure to Give Bond - Sec. 1105.111. FAILURE TO GIVE BOND. Another person may be...

Section 1105.112. Bond Not Void on First Recovery - Sec. 1105.112. BOND NOT VOID ON FIRST RECOVERY. A guardian's...

Subchapter D. Other Provisions Relating to Bonds of Guardians of the Estate

Section 1105.151. General Formalities - Sec. 1105.151. GENERAL FORMALITIES. A bond given by a guardian...

Section 1105.152. General Standard Regarding Amount of Bond - Sec. 1105.152. GENERAL STANDARD REGARDING AMOUNT OF BOND. (a) The...

Section 1105.153. Evidentiary Hearing on Amount of Bond - Sec. 1105.153. EVIDENTIARY HEARING ON AMOUNT OF BOND. Before setting...

Section 1105.154. Specific Bond Amount - Sec. 1105.154. SPECIFIC BOND AMOUNT. (a) Except as otherwise provided...

Section 1105.155. Agreement Regarding Deposit of Estate Assets - Sec. 1105.155. AGREEMENT REGARDING DEPOSIT OF ESTATE ASSETS. (a) If...

Section 1105.156. Deposit of Estate Assets on Terms Prescribed by Court - Sec. 1105.156. DEPOSIT OF ESTATE ASSETS ON TERMS PRESCRIBED BY...

Section 1105.157. Deposits of Guardian - Sec. 1105.157. DEPOSITS OF GUARDIAN. (a) Instead of giving a...

Section 1105.158. Bond Required Instead of Deposits - Sec. 1105.158. BOND REQUIRED INSTEAD OF DEPOSITS. (a) The court...

Section 1105.159. Withdrawal of Deposits on Closing of Guardianship - Sec. 1105.159. WITHDRAWAL OF DEPOSITS ON CLOSING OF GUARDIANSHIP. (a)...

Section 1105.160. Authorized Corporate or Personal Sureties - Sec. 1105.160. AUTHORIZED CORPORATE OR PERSONAL SURETIES. (a) The surety...

Section 1105.161. Sureties for Certain Bonds - Sec. 1105.161. SURETIES FOR CERTAIN BONDS. (a) If the amount...

Section 1105.162. Deposits by Personal Surety - Sec. 1105.162. DEPOSITS BY PERSONAL SURETY. Instead of executing an...

Section 1105.163. Applicability of Subchapter to Certain Court Orders - Sec. 1105.163. APPLICABILITY OF SUBCHAPTER TO CERTAIN COURT ORDERS. To...

Subchapter E. Provisions Relating to Personal Sureties

Section 1105.201. Affidavit of Personal Surety - Sec. 1105.201. AFFIDAVIT OF PERSONAL SURETY. (a) Before a judge...

Section 1105.202. Lien on Real Property Owned by Personal Surety - Sec. 1105.202. LIEN ON REAL PROPERTY OWNED BY PERSONAL SURETY....

Section 1105.203. Subordination of Lien on Real Property Owned by Personal Surety - Sec. 1105.203. SUBORDINATION OF LIEN ON REAL PROPERTY OWNED BY...

Section 1105.204. Release of Lien on Real Property Owned by Personal Sureties - Sec. 1105.204. RELEASE OF LIEN ON REAL PROPERTY OWNED BY...

Subchapter F. New Bonds

Section 1105.251. Grounds for Requiring New Bond - Sec. 1105.251. GROUNDS FOR REQUIRING NEW BOND. (a) A guardian...

Section 1105.252. Court Order or Citation on New Bond - Sec. 1105.252. COURT ORDER OR CITATION ON NEW BOND. (a)...

Section 1105.253. Show Cause Hearing on New Bond Requirement - Sec. 1105.253. SHOW CAUSE HEARING ON NEW BOND REQUIREMENT. (a)...

Section 1105.254. Effect of Order Requiring New Bond - Sec. 1105.254. EFFECT OF ORDER REQUIRING NEW BOND. (a) An...

Section 1105.255. New Bond in Decreased Amount - Sec. 1105.255. NEW BOND IN DECREASED AMOUNT. (a) A guardian...

Section 1105.256. Request by Surety for New Bond - Sec. 1105.256. REQUEST BY SURETY FOR NEW BOND. (a) A...

Section 1105.257. Discharge of Former Sureties on Approval of New Bond - Sec. 1105.257. DISCHARGE OF FORMER SURETIES ON APPROVAL OF NEW...

Chapter 1106 - Letters of Guardianship

Section 1106.001. Issuance of Certificate as Letters of Guardianship - Sec. 1106.001. ISSUANCE OF CERTIFICATE AS LETTERS OF GUARDIANSHIP. (a)...

Section 1106.002. Expiration of Letters of Guardianship - Sec. 1106.002. EXPIRATION OF LETTERS OF GUARDIANSHIP. Letters of guardianship...

Section 1106.003. Renewal of Letters of Guardianship - Sec. 1106.003. RENEWAL OF LETTERS OF GUARDIANSHIP. (a) The clerk...

Section 1106.004. Replacement and Other Additional Letters of Guardianship - Sec. 1106.004. REPLACEMENT AND OTHER ADDITIONAL LETTERS OF GUARDIANSHIP. When...

Section 1106.005. Effect of Letters or Certificate - Sec. 1106.005. EFFECT OF LETTERS OR CERTIFICATE. (a) Letters of...

Section 1106.006. Validation of Certain Letters of Guardianship - Sec. 1106.006. VALIDATION OF CERTAIN LETTERS OF GUARDIANSHIP. (a) Letters...

Subtitle E - Administration of Guardianship

Chapter 1151 - Rights, Powers, and Duties Under Guardianship

Subchapter A. Rights, Powers, and Duties in General

Section 1151.001. Rights and Powers Retained by Ward - Sec. 1151.001. RIGHTS AND POWERS RETAINED BY WARD. An incapacitated...

Section 1151.002. Rights of Good Faith Purchasers - Sec. 1151.002. RIGHTS OF GOOD FAITH PURCHASERS. (a) This section...

Section 1151.003. Guardian May Not Dispute Ward's Right to Property; Exception - Sec. 1151.003. GUARDIAN MAY NOT DISPUTE WARD'S RIGHT TO PROPERTY;...

Section 1151.004. Powers and Duties of Person Serving as Guardian of Both Person and Estate - Sec. 1151.004. POWERS AND DUTIES OF PERSON SERVING AS GUARDIAN...

Section 1151.005. Legal Proceedings in Which Ward Is Party or Witness - Sec. 1151.005. LEGAL PROCEEDINGS IN WHICH WARD IS PARTY OR...

Subchapter B. Powers and Duties of Guardians Relating to Care of Ward

Section 1151.051. General Powers and Duties of Guardians of the Person - Sec. 1151.051. GENERAL POWERS AND DUTIES OF GUARDIANS OF THE...

Section 1151.052. Care of Adult Ward - Sec. 1151.052. CARE OF ADULT WARD. (a) The guardian of...

Section 1151.053. Commitment of Ward - Sec. 1151.053. COMMITMENT OF WARD. (a) Except as provided by...

Section 1151.054. Administration of Medication - Sec. 1151.054. ADMINISTRATION OF MEDICATION. (a) In this section, "psychoactive...

Section 1151.055. Application by Certain Relatives for Access to Ward; Hearing and Court Order - Sec. 1151.055. APPLICATION BY CERTAIN RELATIVES FOR ACCESS TO WARD;...

Section 1151.056. Guardian's Duty to Inform Certain Relatives About Ward's Health and Residence - Sec. 1151.056. GUARDIAN'S DUTY TO INFORM CERTAIN RELATIVES ABOUT WARD'S...

Subchapter C. General Powers and Duties of Guardians of the Estate

Section 1151.101. General Powers and Duties - Sec. 1151.101. GENERAL POWERS AND DUTIES. (a) Subject to Subsection...

Section 1151.102. Exercise of Authority Under Court Order - Sec. 1151.102. EXERCISE OF AUTHORITY UNDER COURT ORDER. (a) The...

Section 1151.103. Exercise of Authority Without Court Order - Sec. 1151.103. EXERCISE OF AUTHORITY WITHOUT COURT ORDER. (a) The...

Section 1151.104. Authority to Commence Suits - Sec. 1151.104. AUTHORITY TO COMMENCE SUITS. (a) The guardian of...

Section 1151.105. Ordinary Diligence Required - Sec. 1151.105. ORDINARY DILIGENCE REQUIRED. (a) If there is a...

Subchapter D. Possession and Care of Ward's Property by Guardian of the Estate

Section 1151.151. Duty of Care - Sec. 1151.151. DUTY OF CARE. (a) The guardian of the...

Section 1151.152. Possession of Personal Property and Records - Sec. 1151.152. POSSESSION OF PERSONAL PROPERTY AND RECORDS. (a) Immediately...

Section 1151.153. Possession of Property Held in Common Ownership - Sec. 1151.153. POSSESSION OF PROPERTY HELD IN COMMON OWNERSHIP. The...

Section 1151.154. Administration of Partnership Interest - Sec. 1151.154. ADMINISTRATION OF PARTNERSHIP INTEREST. (a) This section applies...

Section 1151.155. Operation or Rental of Farm, Ranch, Factory, or Other Business - Sec. 1151.155. OPERATION OR RENTAL OF FARM, RANCH, FACTORY, OR...

Subchapter E. Authority of Guardian to Engage in Certain Borrowing

Section 1151.201. Mortgage or Pledge of Estate Property Authorized in Certain Circumstances - Sec. 1151.201. MORTGAGE OR PLEDGE OF ESTATE PROPERTY AUTHORIZED IN...

Section 1151.202. Application; Order - Sec. 1151.202. APPLICATION; ORDER. (a) The guardian of the estate...

Section 1151.203. Term of Loan or Renewal - Sec. 1151.203. TERM OF LOAN OR RENEWAL. The term of...

Subchapter F. Guardians Appointed for Ward to Receive Government Funds

Section 1151.251. Powers and Duties of Guardian Appointed as Necessary for Ward to Receive Government Funds - Sec. 1151.251. POWERS AND DUTIES OF GUARDIAN APPOINTED AS NECESSARY...

Section 1151.252. Validation of Certain Prior Acts of Guardian - Sec. 1151.252. VALIDATION OF CERTAIN PRIOR ACTS OF GUARDIAN. An...

Subchapter G. Notice by Guardian to Department of Veterans Affairs

Section 1151.301. Notice of Filing Required; Hearing Date - Sec. 1151.301. NOTICE OF FILING REQUIRED; HEARING DATE. (a) This...

Subchapter H. Rights of Wards

Section 1151.351. Bill of Rights for Wards - Sec. 1151.351. BILL OF RIGHTS FOR WARDS. (a) A ward...

Chapter 1152 - Guardianship Pending Appeal of Appointment

Section 1152.001. Guardian to Serve Pending Appeal of Appointment - Sec. 1152.001. GUARDIAN TO SERVE PENDING APPEAL OF APPOINTMENT. Pending...

Section 1152.002. Appeal Bond - Sec. 1152.002. APPEAL BOND. (a) Except as provided by Subsection...

Chapter 1153 - Notice to Claimants

Section 1153.001. Required Notice Regarding Presentment of Claims in General - Sec. 1153.001. REQUIRED NOTICE REGARDING PRESENTMENT OF CLAIMS IN GENERAL....

Section 1153.002. Proof of Publication - Sec. 1153.002. PROOF OF PUBLICATION. A copy of the published...

Section 1153.003. Required Notice to Certain Claimants - Sec. 1153.003. REQUIRED NOTICE TO CERTAIN CLAIMANTS. (a) Within four...

Section 1153.004. Permissive Notice to Unsecured Creditor Regarding Period for Presentment of Claim - Sec. 1153.004. PERMISSIVE NOTICE TO UNSECURED CREDITOR REGARDING PERIOD FOR...

Section 1153.005. One Notice Sufficient; Liability for Failure to Give Required Notice - Sec. 1153.005. ONE NOTICE SUFFICIENT; LIABILITY FOR FAILURE TO GIVE...

Chapter 1154 - Inventory, Appraisement, and List of Claims

Subchapter A. Appraisers

Section 1154.001. Appointment of Appraisers - Sec. 1154.001. APPOINTMENT OF APPRAISERS. (a) After letters of guardianship...

Section 1154.002. Appraisers' Fees - Sec. 1154.002. APPRAISERS' FEES. An appraiser appointed by the court...

Section 1154.003. Failure or Refusal to Act by Appraisers - Sec. 1154.003. FAILURE OR REFUSAL TO ACT BY APPRAISERS. If...

Subchapter B. Requirements for Inventory, Appraisement, and List of Claims

Section 1154.051. Inventory and Appraisement - Sec. 1154.051. INVENTORY AND APPRAISEMENT. (a) Not later than the...

Section 1154.052. List of Claims - Sec. 1154.052. LIST OF CLAIMS. The guardian of the estate...

Section 1154.053. Affidavit of Guardian - Sec. 1154.053. AFFIDAVIT OF GUARDIAN. The guardian of the estate...

Section 1154.054. Approval or Disapproval by the Court - Sec. 1154.054. APPROVAL OR DISAPPROVAL BY THE COURT. (a) On...

Section 1154.055. Failure of Joint Guardians to File Inventory, Appraisement, and List of Claims - Sec. 1154.055. FAILURE OF JOINT GUARDIANS TO FILE INVENTORY, APPRAISEMENT,...

Subchapter C. Changes to Inventory, Appraisement, and List of Claims

Section 1154.101. Discovery of Additional Property or Claims - Sec. 1154.101. DISCOVERY OF ADDITIONAL PROPERTY OR CLAIMS. If after...

Section 1154.102. Additional Inventory and Appraisement or List of Claims - Sec. 1154.102. ADDITIONAL INVENTORY AND APPRAISEMENT OR LIST OF CLAIMS....

Section 1154.103. Correction of Inventory, Appraisement, or List of Claims for Erroneous or Unjust Item - Sec. 1154.103. CORRECTION OF INVENTORY, APPRAISEMENT, OR LIST OF CLAIMS...

Section 1154.104. Reappraisement - Sec. 1154.104. REAPPRAISEMENT. (a) A reappraisement made, filed, and approved...

Subchapter D. Use of Inventory, Appraisement, and List of Claims as Evidence

Section 1154.151. Use of Inventory, Appraisement, and List of Claims as Evidence - Sec. 1154.151. USE OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS...

Chapter 1155 - Compensation, Expenses, and Court Costs

Subchapter A. Compensation of Guardians in General

Section 1155.001. Definitions - Sec. 1155.001. DEFINITIONS. In this subchapter: (1) "Gross income" does...

Section 1155.002. Compensation for Certain Guardians of the Person - Sec. 1155.002. COMPENSATION FOR CERTAIN GUARDIANS OF THE PERSON. (a)...

Section 1155.003. Compensation for Guardian of the Estate - Sec. 1155.003. COMPENSATION FOR GUARDIAN OF THE ESTATE. (a) The...

Section 1155.004. Considerations in Authorizing Compensation - Sec. 1155.004. CONSIDERATIONS IN AUTHORIZING COMPENSATION. In determining whether to...

Section 1155.005. Maximum Aggregate Compensation - Sec. 1155.005. MAXIMUM AGGREGATE COMPENSATION. Except as provided by Section...

Section 1155.006. Modification of Unreasonably Low Compensation; Authorization for Payment of Estimated Quarterly Compensation - Sec. 1155.006. MODIFICATION OF UNREASONABLY LOW COMPENSATION; AUTHORIZATION FOR PAYMENT...

Section 1155.007. Reduction or Elimination of Estimated Quarterly Compensation - Sec. 1155.007. REDUCTION OR ELIMINATION OF ESTIMATED QUARTERLY COMPENSATION. (a)...

Section 1155.008. Denial of Compensation - Sec. 1155.008. DENIAL OF COMPENSATION. On application of an interested...

Subchapter B. Compensation for Professional Services

Section 1155.052. Attorney Serving as Guardian and Providing Related Legal Services - Sec. 1155.052. ATTORNEY SERVING AS GUARDIAN AND PROVIDING RELATED LEGAL...

Section 1155.053. Compensation for Services to Recover Property - Sec. 1155.053. COMPENSATION FOR SERVICES TO RECOVER PROPERTY. (a) Subject...

Section 1155.054. Payment of Attorney's Fees to Certain Attorneys - Sec. 1155.054. PAYMENT OF ATTORNEY'S FEES TO CERTAIN ATTORNEYS. (a)...

Subchapter C. Expenses

Section 1155.101. Reimbursement of Expenses in General - Sec. 1155.101. REIMBURSEMENT OF EXPENSES IN GENERAL. A guardian is...

Section 1155.102. Reimbursement of Expenses for Collection of Claim or Debt - Sec. 1155.102. REIMBURSEMENT OF EXPENSES FOR COLLECTION OF CLAIM OR...

Section 1155.103. Expense Charges: Requirements - Sec. 1155.103. EXPENSE CHARGES: REQUIREMENTS. All expense charges shall be:...

Subchapter D. Costs in General

Section 1155.151. Costs in Guardianship Proceeding Generally - Sec. 1155.151. COSTS IN GUARDIANSHIP PROCEEDING GENERALLY. (a) In a...

Section 1155.152. Certain Costs Adjudged Against Guardian - Sec. 1155.152. CERTAIN COSTS ADJUDGED AGAINST GUARDIAN. If costs are...

Subchapter E. Compensation and Costs in Guardianships for Certain Medical Assistance Recipients

Section 1155.201. Definitions - Sec. 1155.201. DEFINITIONS. In this subchapter: (1) "Applied income" means...

Section 1155.202. Compensation and Costs Payable Under Medical Assistance Program - Sec. 1155.202. COMPENSATION AND COSTS PAYABLE UNDER MEDICAL ASSISTANCE PROGRAM....

Chapter 1156 - Education and Maintenance Allowances Paid From Ward's Estate

Subchapter A. Allowances for Ward

Section 1156.001. Application for Allowance - Sec. 1156.001. APPLICATION FOR ALLOWANCE. (a) Subject to Section 1156.051,...

Section 1156.002. Court Determination of Allowance Amount - Sec. 1156.002. COURT DETERMINATION OF ALLOWANCE AMOUNT. In determining the...

Section 1156.003. Court Order Setting Allowance - Sec. 1156.003. COURT ORDER SETTING ALLOWANCE. (a) The court's order...

Section 1156.004. Expenditures Exceeding Allowance - Sec. 1156.004. EXPENDITURES EXCEEDING ALLOWANCE. If a guardian in good...

Subchapter B. Allowances for Ward's Family

Section 1156.051. Certain Allowances Prohibited When Parent Is Guardian of Minor Ward - Sec. 1156.051. CERTAIN ALLOWANCES PROHIBITED WHEN PARENT IS GUARDIAN OF...

Section 1156.052. Allowance for Ward's Spouse or Dependent - Sec. 1156.052. ALLOWANCE FOR WARD'S SPOUSE OR DEPENDENT. (a) Subject...

Chapter 1157 - Presentment and Payment of Claims

Subchapter A. Presentment of Claims Against

Section 1157.001. Presentment of Claim to Guardian of the Estate - Sec. 1157.001. PRESENTMENT OF CLAIM TO GUARDIAN OF THE ESTATE....

Section 1157.002. Presentment of Claim to Clerk - Sec. 1157.002. PRESENTMENT OF CLAIM TO CLERK. (a) A claim...

Section 1157.003. Inclusion of Attorney's Fees in Claim - Sec. 1157.003. INCLUSION OF ATTORNEY'S FEES IN CLAIM. If the...

Section 1157.004. Affidavit Authenticating Claim for Money in General - Sec. 1157.004. AFFIDAVIT AUTHENTICATING CLAIM FOR MONEY IN GENERAL. (a)...

Section 1157.005. Affidavit Authenticating Claim of Corporation or by Certain Other Representatives - Sec. 1157.005. AFFIDAVIT AUTHENTICATING CLAIM OF CORPORATION OR BY CERTAIN...

Section 1157.006. Lost or Destroyed Evidence Concerning Claim - Sec. 1157.006. LOST OR DESTROYED EVIDENCE CONCERNING CLAIM. If evidence...

Section 1157.007. Waiver of Certain Defects of Form or Claims of Insufficiency - Sec. 1157.007. WAIVER OF CERTAIN DEFECTS OF FORM OR CLAIMS...

Section 1157.008. Effect on Statutes of Limitation of Filing of or Suit on Claim - Sec. 1157.008. EFFECT ON STATUTES OF LIMITATION OF FILING OF...

Subchapter B. Action on Claims

Section 1157.051. Allowance or Rejection of Claim - Sec. 1157.051. ALLOWANCE OR REJECTION OF CLAIM. A guardian of...

Section 1157.052. Failure to Endorse or Attach Memorandum or Allow or Reject Claim - Sec. 1157.052. FAILURE TO ENDORSE OR ATTACH MEMORANDUM OR ALLOW...

Section 1157.053. Claim Entered on Claim Docket - Sec. 1157.053. CLAIM ENTERED ON CLAIM DOCKET. After a claim...

Section 1157.054. Contest of Claim - Sec. 1157.054. CONTEST OF CLAIM. (a) A person interested in...

Section 1157.055. Court's Action on Claim - Sec. 1157.055. COURT'S ACTION ON CLAIM. The court shall: (1)...

Section 1157.056. Hearing on Certain Claims - Sec. 1157.056. HEARING ON CERTAIN CLAIMS. (a) If a claim...

Section 1157.057. Court Order Regarding Action on Claim - Sec. 1157.057. COURT ORDER REGARDING ACTION ON CLAIM. (a) The...

Section 1157.058. Appeal of Court's Action on Claim - Sec. 1157.058. APPEAL OF COURT'S ACTION ON CLAIM. If a...

Section 1157.059. Allowance and Approval Prohibited Without Affidavit - Sec. 1157.059. ALLOWANCE AND APPROVAL PROHIBITED WITHOUT AFFIDAVIT. Except as...

Section 1157.060. Unsecured Claims Barred Under Certain Circumstances - Sec. 1157.060. UNSECURED CLAIMS BARRED UNDER CERTAIN CIRCUMSTANCES. A claim...

Section 1157.061. Allowing Barred Claim Prohibited; Court Disapproval - Sec. 1157.061. ALLOWING BARRED CLAIM PROHIBITED; COURT DISAPPROVAL. A guardian...

Section 1157.062. Certain Actions on Claims With Lost or Destroyed Evidence Void - Sec. 1157.062. CERTAIN ACTIONS ON CLAIMS WITH LOST OR DESTROYED...

Section 1157.063. Suit on Rejected Claim - Sec. 1157.063. SUIT ON REJECTED CLAIM. (a) A claim or...

Section 1157.064. Presentment of Claim Prerequisite for Judgment - Sec. 1157.064. PRESENTMENT OF CLAIM PREREQUISITE FOR JUDGMENT. (a) Except...

Section 1157.065. Judgment in Suit on Rejected Claim - Sec. 1157.065. JUDGMENT IN SUIT ON REJECTED CLAIM. No execution...

Subchapter C. Payment of Claims, Allowances, and Expenses

Section 1157.101. Payment of Approved or Established Claim - Sec. 1157.101. PAYMENT OF APPROVED OR ESTABLISHED CLAIM. Except as...

Section 1157.102. Payment of Unauthenticated Claim - Sec. 1157.102. PAYMENT OF UNAUTHENTICATED CLAIM. (a) Subject to Subsection...

Section 1157.103. Priority of Payment of Claims - Sec. 1157.103. PRIORITY OF PAYMENT OF CLAIMS. (a) Except as...

Section 1157.104. Payment of Proceeds From Sale of Property Securing Debt - Sec. 1157.104. PAYMENT OF PROCEEDS FROM SALE OF PROPERTY SECURING...

Section 1157.105. Claimant's Petition for Allowance and Payment of Claim - Sec. 1157.105. CLAIMANT'S PETITION FOR ALLOWANCE AND PAYMENT OF CLAIM....

Section 1157.106. Payment When Assets Insufficient to Pay Certain Claims - Sec. 1157.106. PAYMENT WHEN ASSETS INSUFFICIENT TO PAY CERTAIN CLAIMS....

Section 1157.107. Payment of Court Costs Relating to Claim - Sec. 1157.107. PAYMENT OF COURT COSTS RELATING TO CLAIM. All...

Section 1157.108. Liability for Nonpayment of Claim - Sec. 1157.108. LIABILITY FOR NONPAYMENT OF CLAIM. (a) A person...

Subchapter D. Presentment and Payment of Secured Claims

Section 1157.151. Option to Treat Claim as Matured Secured Claim or Preferred Debt and Lien - Sec. 1157.151. OPTION TO TREAT CLAIM AS MATURED SECURED CLAIM...

Section 1157.152. Preferred Debt and Lien - Sec. 1157.152. PREFERRED DEBT AND LIEN. When a claim for...

Section 1157.153. Payment of Maturities on Preferred Debt and Lien - Sec. 1157.153. PAYMENT OF MATURITIES ON PREFERRED DEBT AND LIEN....

Subchapter E. Claims Involving Guardians

Section 1157.201. Claim by Guardian - Sec. 1157.201. CLAIM BY GUARDIAN. (a) A claim that a...

Section 1157.202. Purchase of Claim by Guardian Prohibited - Sec. 1157.202. PURCHASE OF CLAIM BY GUARDIAN PROHIBITED. (a) A...

Chapter 1158 - Sale or Partition of Ward's Property

Subchapter A. General Provisions

Section 1158.001. Court Order Authorizing Sale - Sec. 1158.001. COURT ORDER AUTHORIZING SALE. (a) Except as provided...

Subchapter B. Certain Estate Property Required to Be Sold

Section 1158.051. Sale of Certain Personal Property Required - Sec. 1158.051. SALE OF CERTAIN PERSONAL PROPERTY REQUIRED. (a) After...

Subchapter C. Sale of Personal Property

Section 1158.101. Order for Sale - Sec. 1158.101. ORDER FOR SALE. (a) Except as provided by...

Section 1158.102. Requirements for Application and Order - Sec. 1158.102. REQUIREMENTS FOR APPLICATION AND ORDER. To the extent...

Section 1158.103. Sale at Public Auction - Sec. 1158.103. SALE AT PUBLIC AUCTION. Unless the court directs...

Section 1158.104. Sale on Credit - Sec. 1158.104. SALE ON CREDIT. (a) Estate personal property may...

Section 1158.105. Report; Evidence of Title - Sec. 1158.105. REPORT; EVIDENCE OF TITLE. (a) A successful bid...

Subchapter D. Sale of Livestock

Section 1158.151. Authority for Sale - Sec. 1158.151. AUTHORITY FOR SALE. (a) A guardian of the...

Section 1158.152. Contents of Application; Hearing - Sec. 1158.152. CONTENTS OF APPLICATION; HEARING. (a) An application under...

Section 1158.153. Grant of Application - Sec. 1158.153. GRANT OF APPLICATION. If the court grants an...

Section 1158.154. Report; Passage of Title - Sec. 1158.154. REPORT; PASSAGE OF TITLE. The guardian of the...

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Texas Statutes Estates Code Title 3 - Guardianship and Related Procedures

Texas Statutes
Estates Code
Title 3 - Guardianship and Related Procedures