Sec. 1353.003. APPOINTMENT OF GUARDIAN OF THE ESTATE TO ADMINISTER SEPARATE PROPERTY. (a) Except as provided by Section 1353.004, when a spouse who owns separate property is judicially declared to be incapacitated, the court shall appoint the other spouse or another person or entity, in the order of precedence established under Subchapter C, Chapter 1104, as guardian of the estate to administer only the separate property of the incapacitated spouse.
(b) The qualification of a guardian of the estate of the separate property of an incapacitated spouse under Subsection (a) does not deprive the spouse who is not incapacitated of the right to manage, control, and dispose of the entire community estate as provided by this title.
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 I - Other Special Proceedings and Substitutes for Guardianship
Chapter 1353 - Management and Control of Incapacitated Spouse's Property
Subchapter A. Appointment of Community Administrator or Guardian of the Estate
Section 1353.001. Effect of Subchapter
Section 1353.002. Spouse as Community Administrator
Section 1353.003. Appointment of Guardian of the Estate to Administer Separate Property
Section 1353.004. Appointment of Guardian of the Estate Under Certain Circumstances
Section 1353.005. Administration of Certain Property by Non-Incapacitated Spouse
Section 1353.006. Effect of Court Order on Creditors' Claims