Sec. 1104.353. NOTORIOUSLY BAD CONDUCT; PRESUMPTION CONCERNING BEST INTEREST. (a) A person may not be appointed guardian if the person's conduct is notoriously bad.
(b) It is presumed to be not in the best interests of a ward or incapacitated person to appoint as guardian of the ward or incapacitated person a person who has been finally convicted of:
(1) any sexual offense, including sexual assault, aggravated sexual assault, and prohibited sexual conduct;
(2) aggravated assault;
(3) injury to a child, elderly individual, or disabled individual;
(4) abandoning or endangering a child;
(5) terroristic threat; or
(6) continuous violence against the family of the ward or incapacitated person.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 14, eff. January 1, 2014.
Structure Texas Statutes
Title 3 - Guardianship and Related Procedures
Subtitle D - Creation of Guardianship
Chapter 1104 - Selection of and Eligibility to Serve as Guardian
Subchapter H. Grounds for Disqualification
Section 1104.351. Incapacity or Inexperience
Section 1104.352. Unsuitability
Section 1104.353. Notoriously Bad Conduct; Presumption Concerning Best Interest
Section 1104.354. Conflict of Interest
Section 1104.355. Disqualified in Declaration
Section 1104.356. Lack of Certain Required Certification
Section 1104.357. Nonresident Without Resident Agent
Section 1104.358. Subject to Protective Order for Family Violence