Texas Statutes
Title 3 - Guardianship and Related Procedures
Subtitle D - Creation of Guardianship

Section 1101.002. Contents of Application; Confidentiality of Certain Addresses - Sec. 1101.002. CONTENTS OF APPLICATION; CONFIDENTIALITY OF CERTAIN ADDRESSES. An...

Subchapter B. Hearing; Jury Trial

Section 1101.051. Hearing - Sec. 1101.051. HEARING. (a) At a hearing for the appointment...

Section 1101.052. Jury Trial - Sec. 1101.052. JURY TRIAL. A proposed ward is entitled to...

Section 1101.053. Provision of Records Required; Use of Records - Sec. 1101.053. PROVISION OF RECORDS REQUIRED; USE OF RECORDS. (a)...

Subchapter C. Determination of Necessity of Guardianship; Findings and Proof

Section 1101.101. Findings and Proof Required - Sec. 1101.101. FINDINGS AND PROOF REQUIRED. (a) Before appointing a...

Section 1101.102. Determination of Incapacity of Certain Adults: Recurring Acts or Occurrences - Sec. 1101.102. DETERMINATION OF INCAPACITY OF CERTAIN ADULTS: RECURRING ACTS...

Section 1101.103. Determination of Incapacity of Certain Adults: Physician Examination - Sec. 1101.103. DETERMINATION OF INCAPACITY OF CERTAIN ADULTS: PHYSICIAN EXAMINATION....

Section 1101.104. Examinations and Documentation Regarding Intellectual Disability - Sec. 1101.104. EXAMINATIONS AND DOCUMENTATION REGARDING INTELLECTUAL DISABILITY. If an...

Section 1101.105. Prohibition Against Consideration of Age as Sole Factor in Appointment of Guardian for Adults - Sec. 1101.105. PROHIBITION AGAINST CONSIDERATION OF AGE AS SOLE FACTOR...

Section 1101.106. Evidence of Necessity of Guardianship to Receive Governmental Funds - Sec. 1101.106. EVIDENCE OF NECESSITY OF GUARDIANSHIP TO RECEIVE GOVERNMENTAL...

Subchapter D. Court Action

Section 1101.151. Order Appointing Guardian With Full Authority - Sec. 1101.151. ORDER APPOINTING GUARDIAN WITH FULL AUTHORITY. (a) If...

Section 1101.152. Order Appointing Guardian With Limited Authority - Sec. 1101.152. ORDER APPOINTING GUARDIAN WITH LIMITED AUTHORITY. (a) If...

Section 1101.153. General Contents of Order Appointing Guardian - Sec. 1101.153. GENERAL CONTENTS OF ORDER APPOINTING GUARDIAN. (a) A...

Section 1101.154. Appointment of Guardian of Estate for Certain Minors Prohibited - Sec. 1101.154. APPOINTMENT OF GUARDIAN OF ESTATE FOR CERTAIN MINORS...

Section 1101.155. Dismissal of Application - Sec. 1101.155. DISMISSAL OF APPLICATION. If it is found that...

Section 1101.156. Deposit of Estate Assets - Sec. 1101.156. DEPOSIT OF ESTATE ASSETS. (a) At the time...

Chapter 1102 - Court-Initiated Procedure to Appoint Guardian

Section 1102.001. Court-Initiated Investigation - Sec. 1102.001. COURT-INITIATED INVESTIGATION. (a) If a court has probable...

Section 1102.002. Establishment of Probable Cause for Investigation - Sec. 1102.002. ESTABLISHMENT OF PROBABLE CAUSE FOR INVESTIGATION. To establish...

Section 1102.003. Information Letter - Sec. 1102.003. INFORMATION LETTER. (a) An interested person who submits...

Section 1102.004. Application for Guardianship Following Investigation - Sec. 1102.004. APPLICATION FOR GUARDIANSHIP FOLLOWING INVESTIGATION. A guardian ad...

Section 1102.005. Compensation of Guardian Ad Litem - Sec. 1102.005. COMPENSATION OF GUARDIAN AD LITEM. (a) Regardless of...

Section 1102.006. Notice Regarding Request to Financial Institution for Customer Records - Sec. 1102.006. NOTICE REGARDING REQUEST TO FINANCIAL INSTITUTION FOR CUSTOMER...

Chapter 1103 - Procedure to Appoint Guardian for Certain Minors Requiring Guardianships as Adults

Section 1103.001. Application for Appointment of Guardian - Sec. 1103.001. APPLICATION FOR APPOINTMENT OF GUARDIAN. Not earlier than...

Section 1103.002. Appointment of Conservator as Guardian Without Hearing - Sec. 1103.002. APPOINTMENT OF CONSERVATOR AS GUARDIAN WITHOUT HEARING. (a)...

Section 1103.003. Effective Date of Guardianship - Sec. 1103.003. EFFECTIVE DATE OF GUARDIANSHIP. If the application filed...

Section 1103.004. Settlement and Closing of Prior Guardianship - Sec. 1103.004. SETTLEMENT AND CLOSING OF PRIOR GUARDIANSHIP. Notwithstanding Section...

Chapter 1104 - Selection of and Eligibility to Serve as Guardian

Subchapter A. General Provisions Relating to Appointment of Guardian

Section 1104.001. Guardian of the Person or Estate - Sec. 1104.001. GUARDIAN OF THE PERSON OR ESTATE. (a) Only...

Section 1104.002. Preference of Incapacitated Person - Sec. 1104.002. PREFERENCE OF INCAPACITATED PERSON. Before appointing a guardian,...

Section 1104.003. Training Required - Sec. 1104.003. TRAINING REQUIRED. A court may not appoint an...

Subchapter B. Selection of Guardian for Minor

Section 1104.051. Guardian of Minor Children - Sec. 1104.051. GUARDIAN OF MINOR CHILDREN. (a) If the parents...

Section 1104.052. Guardian for Minor Orphan - Sec. 1104.052. GUARDIAN FOR MINOR ORPHAN. In appointing a guardian...

Section 1104.053. Guardian Designated by Will or Written Declaration - Sec. 1104.053. GUARDIAN DESIGNATED BY WILL OR WRITTEN DECLARATION. (a)...

Section 1104.054. Selection of Guardian by Minor - Sec. 1104.054. SELECTION OF GUARDIAN BY MINOR. (a) Notwithstanding any...

Subchapter C. Selection of Guardian for Incapacitated Person Other Than Minor

Section 1104.101. Appointment According to Circumstances and Best Interests - Sec. 1104.101. APPOINTMENT ACCORDING TO CIRCUMSTANCES AND BEST INTERESTS. The...

Section 1104.102. Appointment Preferences - Sec. 1104.102. APPOINTMENT PREFERENCES. If the court finds that two...

Section 1104.103. Designation of Guardian by Will or Written Declaration - Sec. 1104.103. DESIGNATION OF GUARDIAN BY WILL OR WRITTEN DECLARATION....

Subchapter D. Written Declaration by Certain Parents to Appoint Guardian for Their Children

Section 1104.151. Definitions - Sec. 1104.151. DEFINITIONS. In this subchapter: (1) "Declaration" means a...

Section 1104.152. Requirements for Declaration - Sec. 1104.152. REQUIREMENTS FOR DECLARATION. (a) A declaration appointing an...

Section 1104.153. Form and Content of Declaration and Self-Proving Affidavit - Sec. 1104.153. FORM AND CONTENT OF DECLARATION AND SELF-PROVING AFFIDAVIT....

Section 1104.154. Alternative to Self-Proving Affidavit - Sec. 1104.154. ALTERNATIVE TO SELF-PROVING AFFIDAVIT. (a) As an alternative...

Section 1104.155. Alternate Self-Proving of Declaration - Sec. 1104.155. ALTERNATE SELF-PROVING OF DECLARATION. At any time during...

Section 1104.156. Filing of Declaration and Self-Proving Affidavit - Sec. 1104.156. FILING OF DECLARATION AND SELF-PROVING AFFIDAVIT. The declaration...

Section 1104.157. Proof of Declaration - Sec. 1104.157. PROOF OF DECLARATION. (a) The court may admit...

Section 1104.158. Prima Facie Evidence - Sec. 1104.158. PRIMA FACIE EVIDENCE. A properly executed and witnessed...

Section 1104.159. Revocation of Declaration - Sec. 1104.159. REVOCATION OF DECLARATION. The declarant may revoke a...

Section 1104.160. Alternate or Other Court-Appointed Guardian - Sec. 1104.160. ALTERNATE OR OTHER COURT-APPOINTED GUARDIAN. (a) The court...

Subchapter E. Written Declaration to Designate Guardian Before Need Arises

Section 1104.201. Definitions - Sec. 1104.201. DEFINITIONS. In this subchapter: (1) "Declaration" means a...

Section 1104.202. Designation of Guardian for Declarant - Sec. 1104.202. DESIGNATION OF GUARDIAN FOR DECLARANT. (a) A person...

Section 1104.203. Requirements for Declaration - Sec. 1104.203. REQUIREMENTS FOR DECLARATION. (a) Except as provided by...

Section 1104.204. Form and Content of Declaration and Self-Proving Affidavit - Sec. 1104.204. FORM AND CONTENT OF DECLARATION AND SELF-PROVING AFFIDAVIT....

Section 1104.205. Alternative to Self-Proving Affidavit - Sec. 1104.205. ALTERNATIVE TO SELF-PROVING AFFIDAVIT. (a) As an alternative...

Section 1104.206. Alternate Self-Proving of Declaration - Sec. 1104.206. ALTERNATE SELF-PROVING OF DECLARATION. At any time during...

Section 1104.207. Filing of Declaration and Self-Proving Affidavit - Sec. 1104.207. FILING OF DECLARATION AND SELF-PROVING AFFIDAVIT. The declaration...

Section 1104.208. Proof of Declaration - Sec. 1104.208. PROOF OF DECLARATION. (a) The court may admit...

Section 1104.209. Prima Facie Evidence - Sec. 1104.209. PRIMA FACIE EVIDENCE. A properly executed and witnessed...

Section 1104.210. Revocation of Declaration - Sec. 1104.210. REVOCATION OF DECLARATION. The declarant may revoke a...

Section 1104.211. Effect of Divorce on Designation of Spouse - Sec. 1104.211. EFFECT OF DIVORCE ON DESIGNATION OF SPOUSE. If...

Section 1104.212. Alternate or Other Court-Appointed Guardian - Sec. 1104.212. ALTERNATE OR OTHER COURT-APPOINTED GUARDIAN. (a) The court...

Subchapter F. Certification Requirements

Section 1104.251. Certification Required for Certain Guardians - Sec. 1104.251. CERTIFICATION REQUIRED FOR CERTAIN GUARDIANS. (a) An individual...

Section 1104.252. Effect of Provisional Certificate - Sec. 1104.252. EFFECT OF PROVISIONAL CERTIFICATE. For purposes of this...

Section 1104.253. Exception for Family Members and Friends - Sec. 1104.253. EXCEPTION FOR FAMILY MEMBERS AND FRIENDS. A family...

Section 1104.254. Exception for Certain Volunteers - Sec. 1104.254. EXCEPTION FOR CERTAIN VOLUNTEERS. An individual volunteering with...

Section 1104.255. Expiration of Certification - Sec. 1104.255. EXPIRATION OF CERTIFICATION. A person whose certification under...

Section 1104.256. Failure to Comply; Court's Duty to Notify - Sec. 1104.256. FAILURE TO COMPLY; COURT'S DUTY TO NOTIFY. The...

Section 1104.257. Information Regarding Services Provided by Guardianship Program - Sec. 1104.257. INFORMATION REGARDING SERVICES PROVIDED BY GUARDIANSHIP PROGRAM. Not...

Section 1104.258. Information Regarding Certain State Employees Providing Guardianship Services - Sec. 1104.258. INFORMATION REGARDING CERTAIN STATE EMPLOYEES PROVIDING GUARDIANSHIP SERVICES....

Subchapter G. Private Professional Guardians

Section 1104.301. Certification and Registration Required - Sec. 1104.301. CERTIFICATION AND REGISTRATION REQUIRED. A court may not...

Section 1104.302. Annual Certificate of Registration - Sec. 1104.302. ANNUAL CERTIFICATE OF REGISTRATION. A private professional guardian...

Section 1104.303. Requirements of Application - Sec. 1104.303. REQUIREMENTS OF APPLICATION. (a) An application for a...

Section 1104.304. Term of Registration; Renewal - Sec. 1104.304. TERM OF REGISTRATION; RENEWAL. (a) The term of...

Section 1104.305. Use of Registration Information - Sec. 1104.305. USE OF REGISTRATION INFORMATION. (a) The clerk shall...

Section 1104.306. Use of Names and Business Addresses - Sec. 1104.306. USE OF NAMES AND BUSINESS ADDRESSES. Not later...

Subchapter H. Grounds for Disqualification

Section 1104.351. Incapacity or Inexperience - Sec. 1104.351. INCAPACITY OR INEXPERIENCE. A person may not be...

Section 1104.352. Unsuitability - Sec. 1104.352. UNSUITABILITY. A person may not be appointed guardian...

Section 1104.353. Notoriously Bad Conduct; Presumption Concerning Best Interest - Sec. 1104.353. NOTORIOUSLY BAD CONDUCT; PRESUMPTION CONCERNING BEST INTEREST. (a)...

Section 1104.354. Conflict of Interest - Sec. 1104.354. CONFLICT OF INTEREST. A person may not be...

Section 1104.355. Disqualified in Declaration - Sec. 1104.355. DISQUALIFIED IN DECLARATION. A person may not be...

Section 1104.356. Lack of Certain Required Certification - Sec. 1104.356. LACK OF CERTAIN REQUIRED CERTIFICATION. A person may...

Section 1104.357. Nonresident Without Resident Agent - Sec. 1104.357. NONRESIDENT WITHOUT RESIDENT AGENT. A person may not...

Section 1104.358. Subject to Protective Order for Family Violence - Sec. 1104.358. SUBJECT TO PROTECTIVE ORDER FOR FAMILY VIOLENCE. A...

Section 1104.359. Effect of Lack of Required Registration - Sec. 1104.359. EFFECT OF LACK OF REQUIRED REGISTRATION. (a) A...

Subchapter I. Access to Criminal History Records

Section 1104.401. Definition - Sec. 1104.401. DEFINITION. In this subchapter, "department" means the Department...

Section 1104.402. Court Clerk's Duty to Obtain Criminal History Record Information; Authority to Charge Fee - Sec. 1104.402. COURT CLERK'S DUTY TO OBTAIN CRIMINAL HISTORY RECORD...

Section 1104.403. Submission of Criminal History Record Information by Proposed Guardian - Sec. 1104.403. SUBMISSION OF CRIMINAL HISTORY RECORD INFORMATION BY PROPOSED...

Section 1104.404. Exception for Information Concerning Certain Persons - Sec. 1104.404. EXCEPTION FOR INFORMATION CONCERNING CERTAIN PERSONS. (a) The...

Section 1104.405. Information for Exclusive Use of Court - Sec. 1104.405. INFORMATION FOR EXCLUSIVE USE OF COURT. (a) Criminal...

Section 1104.406. Department's Duty to Obtain Criminal History Record Information - Sec. 1104.406. DEPARTMENT'S DUTY TO OBTAIN CRIMINAL HISTORY RECORD INFORMATION....

Section 1104.407. Duty to Provide Information on Request - Sec. 1104.407. DUTY TO PROVIDE INFORMATION ON REQUEST. The department...

Section 1104.408. Information for Exclusive Use of Court or Guardianship Certification Program of Judicial Branch Certification Commission - Sec. 1104.408. INFORMATION FOR EXCLUSIVE USE OF COURT OR GUARDIANSHIP...

Section 1104.409. Use of Information by Court - Sec. 1104.409. USE OF INFORMATION BY COURT. The court shall...

Section 1104.410. Use of Information by Guardianship Certification Program of Judicial Branch Certification Commission - Sec. 1104.410. USE OF INFORMATION BY GUARDIANSHIP CERTIFICATION PROGRAM OF...

Section 1104.411. Criminal Offense for Unauthorized Release or Disclosure - Sec. 1104.411. CRIMINAL OFFENSE FOR UNAUTHORIZED RELEASE OR DISCLOSURE. (a)...

Section 1104.412. Effect of Subchapter on Department's Authority to Obtain or Use Information - Sec. 1104.412. EFFECT OF SUBCHAPTER ON DEPARTMENT'S AUTHORITY TO OBTAIN...

Chapter 1105 - Qualification of Guardians

Subchapter A. General Provisions

Section 1105.001. Definitions - Sec. 1105.001. DEFINITIONS. In this chapter: (1) "Bond" means a...

Section 1105.002. Manner of Qualification of Guardian - Sec. 1105.002. MANNER OF QUALIFICATION OF GUARDIAN. (a) Except as...

Section 1105.003. Period for Taking Oath or Making Declaration and Giving Bond - Sec. 1105.003. PERIOD FOR TAKING OATH OR MAKING DECLARATION AND...

Subchapter B. Oaths and Declarations

Section 1105.051. Oath or Declaration of Guardian - Sec. 1105.051. OATH OR DECLARATION OF GUARDIAN. (a) A guardian...

Section 1105.052. Administration of Oath or Making of Declaration - Sec. 1105.052. ADMINISTRATION OF OATH OR MAKING OF DECLARATION. The...

Subchapter C. General Provisions Relating to Bonds

Section 1105.101. Bond Generally Required; Exceptions - Sec. 1105.101. BOND GENERALLY REQUIRED; EXCEPTIONS. (a) Except as provided...

Section 1105.102. Bond for Certain Guardians of the Person - Sec. 1105.102. BOND FOR CERTAIN GUARDIANS OF THE PERSON. (a)...

Section 1105.103. Bond Required From Guardian Otherwise Exempt - Sec. 1105.103. BOND REQUIRED FROM GUARDIAN OTHERWISE EXEMPT. (a) This...

Section 1105.104. Bonds of Joint Guardians - Sec. 1105.104. BONDS OF JOINT GUARDIANS. If two or more...

Section 1105.105. Bond of Married Person - Sec. 1105.105. BOND OF MARRIED PERSON. (a) A married person...

Section 1105.106. Bond of Married Person Younger Than 18 Years of Age - Sec. 1105.106. BOND OF MARRIED PERSON YOUNGER THAN 18 YEARS...

Section 1105.107. Bond of Guardianship Program - Sec. 1105.107. BOND OF GUARDIANSHIP PROGRAM. The judge may require...

Section 1105.108. Subscription of Bond by Principals and Sureties - Sec. 1105.108. SUBSCRIPTION OF BOND BY PRINCIPALS AND SURETIES. A...

Section 1105.109. Form of Bond - Sec. 1105.109. FORM OF BOND. The following form, or a...

Section 1105.110. Filing of Bond - Sec. 1105.110. FILING OF BOND. A bond required under this...

Section 1105.111. Failure to Give Bond - Sec. 1105.111. FAILURE TO GIVE BOND. Another person may be...

Section 1105.112. Bond Not Void on First Recovery - Sec. 1105.112. BOND NOT VOID ON FIRST RECOVERY. A guardian's...

Subchapter D. Other Provisions Relating to Bonds of Guardians of the Estate

Section 1105.151. General Formalities - Sec. 1105.151. GENERAL FORMALITIES. A bond given by a guardian...

Section 1105.152. General Standard Regarding Amount of Bond - Sec. 1105.152. GENERAL STANDARD REGARDING AMOUNT OF BOND. (a) The...

Section 1105.153. Evidentiary Hearing on Amount of Bond - Sec. 1105.153. EVIDENTIARY HEARING ON AMOUNT OF BOND. Before setting...

Section 1105.154. Specific Bond Amount - Sec. 1105.154. SPECIFIC BOND AMOUNT. (a) Except as otherwise provided...

Section 1105.155. Agreement Regarding Deposit of Estate Assets - Sec. 1105.155. AGREEMENT REGARDING DEPOSIT OF ESTATE ASSETS. (a) If...

Section 1105.156. Deposit of Estate Assets on Terms Prescribed by Court - Sec. 1105.156. DEPOSIT OF ESTATE ASSETS ON TERMS PRESCRIBED BY...

Section 1105.157. Deposits of Guardian - Sec. 1105.157. DEPOSITS OF GUARDIAN. (a) Instead of giving a...

Section 1105.158. Bond Required Instead of Deposits - Sec. 1105.158. BOND REQUIRED INSTEAD OF DEPOSITS. (a) The court...

Section 1105.159. Withdrawal of Deposits on Closing of Guardianship - Sec. 1105.159. WITHDRAWAL OF DEPOSITS ON CLOSING OF GUARDIANSHIP. (a)...

Section 1105.160. Authorized Corporate or Personal Sureties - Sec. 1105.160. AUTHORIZED CORPORATE OR PERSONAL SURETIES. (a) The surety...

Section 1105.161. Sureties for Certain Bonds - Sec. 1105.161. SURETIES FOR CERTAIN BONDS. (a) If the amount...

Section 1105.162. Deposits by Personal Surety - Sec. 1105.162. DEPOSITS BY PERSONAL SURETY. Instead of executing an...

Section 1105.163. Applicability of Subchapter to Certain Court Orders - Sec. 1105.163. APPLICABILITY OF SUBCHAPTER TO CERTAIN COURT ORDERS. To...

Subchapter E. Provisions Relating to Personal Sureties

Section 1105.201. Affidavit of Personal Surety - Sec. 1105.201. AFFIDAVIT OF PERSONAL SURETY. (a) Before a judge...

Section 1105.202. Lien on Real Property Owned by Personal Surety - Sec. 1105.202. LIEN ON REAL PROPERTY OWNED BY PERSONAL SURETY....

Section 1105.203. Subordination of Lien on Real Property Owned by Personal Surety - Sec. 1105.203. SUBORDINATION OF LIEN ON REAL PROPERTY OWNED BY...

Section 1105.204. Release of Lien on Real Property Owned by Personal Sureties - Sec. 1105.204. RELEASE OF LIEN ON REAL PROPERTY OWNED BY...

Subchapter F. New Bonds

Section 1105.251. Grounds for Requiring New Bond - Sec. 1105.251. GROUNDS FOR REQUIRING NEW BOND. (a) A guardian...

Section 1105.252. Court Order or Citation on New Bond - Sec. 1105.252. COURT ORDER OR CITATION ON NEW BOND. (a)...

Section 1105.253. Show Cause Hearing on New Bond Requirement - Sec. 1105.253. SHOW CAUSE HEARING ON NEW BOND REQUIREMENT. (a)...

Section 1105.254. Effect of Order Requiring New Bond - Sec. 1105.254. EFFECT OF ORDER REQUIRING NEW BOND. (a) An...

Section 1105.255. New Bond in Decreased Amount - Sec. 1105.255. NEW BOND IN DECREASED AMOUNT. (a) A guardian...

Section 1105.256. Request by Surety for New Bond - Sec. 1105.256. REQUEST BY SURETY FOR NEW BOND. (a) A...

Section 1105.257. Discharge of Former Sureties on Approval of New Bond - Sec. 1105.257. DISCHARGE OF FORMER SURETIES ON APPROVAL OF NEW...

Chapter 1106 - Letters of Guardianship

Section 1106.001. Issuance of Certificate as Letters of Guardianship - Sec. 1106.001. ISSUANCE OF CERTIFICATE AS LETTERS OF GUARDIANSHIP. (a)...

Section 1106.002. Expiration of Letters of Guardianship - Sec. 1106.002. EXPIRATION OF LETTERS OF GUARDIANSHIP. Letters of guardianship...

Section 1106.003. Renewal of Letters of Guardianship - Sec. 1106.003. RENEWAL OF LETTERS OF GUARDIANSHIP. (a) The clerk...

Section 1106.004. Replacement and Other Additional Letters of Guardianship - Sec. 1106.004. REPLACEMENT AND OTHER ADDITIONAL LETTERS OF GUARDIANSHIP. When...

Section 1106.005. Effect of Letters or Certificate - Sec. 1106.005. EFFECT OF LETTERS OR CERTIFICATE. (a) Letters of...

Section 1106.006. Validation of Certain Letters of Guardianship - Sec. 1106.006. VALIDATION OF CERTAIN LETTERS OF GUARDIANSHIP. (a) Letters...

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Texas Statutes Title 3 - Guardianship and Related Procedures Subtitle D - Creation of Guardianship

Texas Statutes
Title 3 - Guardianship and Related Procedures
Subtitle D - Creation of Guardianship