Sec. 1054.056. IMMUNITY. (a) Subject to Subsection (b), a guardian ad litem appointed under this subchapter or Section 1102.001 or 1202.054 to represent the interests of an incapacitated person in a guardianship proceeding involving the creation, modification, or termination of a guardianship is not liable for civil damages arising from a recommendation made or an opinion given in the capacity of guardian ad litem.
(b) This section does not apply to a recommendation or opinion that is:
(1) wilfully wrongful;
(2) given:
(A) with conscious indifference to or reckless disregard for the safety of another;
(B) with malice; or
(C) in bad faith; or
(3) grossly negligent.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Structure Texas Statutes
Title 3 - Guardianship and Related Procedures
Subtitle C - Procedural Matters
Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys
Subchapter B. Guardians Ad Litem
Section 1054.051. Appointment of Guardian Ad Litem in Guardianship Proceeding
Section 1054.052. Appointment of Guardian Ad Litem Relating to Certain Other Suits
Section 1054.053. Term of Certain Appointments