Sec. 1104.359. EFFECT OF LACK OF REQUIRED REGISTRATION. (a) A guardianship program may not be appointed guardian:
(1) if the program is not registered as required under Subchapter F, Chapter 155, Government Code;
(2) if a registration certificate issued to the program under Subchapter F, Chapter 155, Government Code, is expired or refused renewal, or has been revoked and not been reissued; or
(3) during the time a registration certificate issued to the program under Subchapter F, Chapter 155, Government Code, is suspended.
(b) This section does not prevent the appointment, on the individual's own behalf, of an individual who is employed by or contracts with a guardianship program to provide guardianship and related services independently of the program.
Added by Acts 2017, 85th Leg., R.S., Ch. 715 (S.B. 36), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.002(5), eff. September 1, 2019.
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