Sec. 1104.354. CONFLICT OF INTEREST. A person may not be appointed guardian if the person:
(1) is a party or is a person whose parent is a party to a lawsuit concerning or affecting the welfare of the proposed ward, unless the court:
(A) determines that the lawsuit claim of the person who has applied to be appointed guardian is not in conflict with the lawsuit claim of the proposed ward; or
(B) appoints a guardian ad litem to represent the interests of the proposed ward throughout the litigation of the ward's lawsuit claim;
(2) is indebted to the proposed ward, unless the person pays the debt before appointment; or
(3) asserts a claim adverse to the proposed ward or the proposed ward's property.
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 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