Sec. 1202.001. TERM OF GUARDIAN OR GUARDIANSHIP. (a) Unless otherwise discharged as provided by law, a guardian remains in office until the estate is closed.
(b) A guardianship shall be settled and closed when the ward:
(1) dies and, if the ward was married, the ward's spouse qualifies as survivor in community;
(2) is found by the court to have full capacity, or sufficient capacity with supports and services, to care for himself or herself and to manage the ward's property;
(3) is no longer a minor; or
(4) no longer must have a guardian appointed to receive funds due the ward from any governmental source.
(c) Except for an order issued under Section 1101.153(a-1), an order appointing a guardian or a successor guardian may specify a period of not more than one year during which a petition for adjudication that the ward no longer requires the guardianship may not be filed without special leave.
(d) A request for an order under this section may be made by informal letter to the court. A person who knowingly interferes with the transmission of the request to the court may be adjudged guilty of contempt of court.
(e) If a nonresident guardian of a nonresident ward qualifies as guardian under this title, any resident guardian's guardianship may be terminated.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 15, eff. September 1, 2015.
Structure Texas Statutes
Title 3 - Guardianship and Related Procedures
Subtitle F - Evaluation, Modification, or Termination of Guardianship
Chapter 1202 - Modification or Termination of Guardianship
Subchapter A. Termination and Settlement of Guardianship
Section 1202.001. Term of Guardian or Guardianship
Section 1202.002. Termination of Guardianship if Parent Is No Longer Incapacitated