Sec. 1023.008. CONTINUATION OF GUARDIANSHIP. (a) When a guardianship is transferred from one county to another in accordance with this chapter:
(1) the guardianship proceeds in the court to which it was transferred as if it had been originally commenced in that court;
(2) the court to which the guardianship is transferred becomes the court of continuing, exclusive jurisdiction;
(3) a proceeding relating to the guardianship that is commenced in the court ordering the transfer continues in the court to which the guardianship is transferred as if the proceeding commenced in the receiving court;
(4) a judgment or order entered in the guardianship before the transfer has the same effect and must be enforced as a judgment or order entered by the court to which the guardianship is transferred; and
(5) the court ordering the transfer does not retain:
(A) jurisdiction of the ward who is the subject of the guardianship; and
(B) the authority to enforce an order entered for a violation of this title that occurred before or after the transfer.
(b) It is not necessary to record in the receiving court any of the papers in the case that were recorded in the court from which the case was transferred.
Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 382 (S.B. 1129), Sec. 2, eff. September 1, 2021.
Structure Texas Statutes
Title 3 - Guardianship and Related Procedures
Subtitle B - Scope, Jurisdiction, and Venue
Section 1023.001. Venue for Appointment of Guardian
Section 1023.002. Concurrent Venue and Transfer for Want of Venue
Section 1023.003. Transfer of Guardianship to Another County
Section 1023.005. Court Action
Section 1023.006. Transfer of Record
Section 1023.007. Transfer Effective
Section 1023.008. Continuation of Guardianship
Section 1023.009. New Guardian Appointed on Transfer