Sec. 1251.005. CITATION AND NOTICE OF APPLICATION. (a) On the filing of an application for temporary guardianship, the court clerk shall issue:
(1) citation to be served on:
(A) the proposed ward; and
(B) the proposed temporary guardian named in the application, if that person is not the applicant; and
(2) notice to be served on the proposed ward's appointed attorney.
(b) The citation or notice issued as provided by Subsection (a) must describe:
(1) the rights of the parties; and
(2) the date, time, place, purpose, and possible consequences of a hearing on the application.
(b-1) The citation issued as provided by Subsection (a) must contain a statement regarding the authority of a person under Section 1051.252 who is interested in the estate or welfare of a proposed ward or, if a guardianship is created, the ward to file with the county clerk a written request to be notified of all, or any specified, motions, applications, or pleadings filed with respect to the temporary guardianship proceeding by any person or by a person specifically designated in the request.
(c) A copy of the application must be attached to the citation or notice.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 55, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 22, eff. September 1, 2021.
Structure Texas Statutes
Title 3 - Guardianship and Related Procedures
Subtitle G - Special Types of Guardianships
Chapter 1251 - Temporary Guardianships
Subchapter A. Appointment of Temporary Guardian Generally
Section 1251.001. Appointment of Temporary Guardian
Section 1251.002. No Presumption of Incapacity
Section 1251.004. Appointment of Attorney
Section 1251.005. Citation and Notice of Application
Section 1251.006. Scheduling of Hearing
Section 1251.007. Motion for Dismissal of Application
Section 1251.008. Rights of Proposed Ward at Hearing
Section 1251.009. Appearance by Proposed Temporary Guardian in Certain Circumstances
Section 1251.010. Order Appointing Temporary Guardian
Section 1251.011. Certain Agency as Temporary Guardian