reglab/housing_qa huggingface dataset:
TX Est Code § 1101.101 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1101 - General Procedure to Appoint Guardian|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 guardian for a proposed ward, the court must:(1)  find by clear and convincing evidence that:(A)  the proposed ward is an incapacitated person;(B)  it is in the proposed ward's best interest to have the court appoint a person as the proposed ward's guardian;(C)  the proposed ward's rights or property will be protected by the appointment of a guardian;(D)  alternatives to guardianship that would avoid the need for the appointment of a guardian have been considered and determined not to be feasible; and(E)  supports and services available to the proposed ward that would avoid the need for the appointment of a guardian have been considered and determined not to be feasible; and(2)  find by a preponderance of the evidence that:(A)  the court has venue of the case;(B)  the person to be appointed guardian is eligible to act as guardian and is entitled to appointment, or, if no eligible person entitled to appointment applies, the person appointed is a proper person to act as guardian;(C)  if a guardian is appointed for a minor, the guardianship is not created for the primary purpose of enabling the minor to establish residency for enrollment in a school or school district for which the minor is not otherwise eligible for enrollment; and(D)  the proposed ward:(i)  is totally without capacity as provided by this title to care for himself or herself and to manage his or her property; or(ii)  lacks the capacity to do some, but not all, of the tasks necessary to care for himself or herself or to manage his or her property.(b)  The court may not grant an application to create a guardianship unless the applicant proves each element required by this title.(c)  A finding under Subsection (a)(2)(D)(ii) must specifically state whether the proposed ward lacks the capacity, or lacks sufficient capacity with supports and services, to make personal decisions regarding residence, voting, operating a motor vehicle, and marriage.|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. 8, eff. September 1, 2015.|
TX Est Code § 1101.102 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1101 - General Procedure to Appoint Guardian|Subchapter C. Determination of Necessity of Guardianship; Findings and Proof|Section 1101.102. Determination of Incapacity of Certain Adults: Recurring Acts or Occurrences

Sec. 1101.102.  DETERMINATION OF INCAPACITY OF CERTAIN ADULTS: RECURRING ACTS OR OCCURRENCES.  A determination of incapacity of an adult proposed ward, other than a person who must have a guardian appointed to receive funds due the person from any governmental source, must be evidenced by recurring acts or occurrences in the preceding six months and not by isolated instances of negligence or bad judgment.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1101.104 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1101 - General Procedure to Appoint Guardian|Subchapter C. Determination of Necessity of Guardianship; Findings and Proof|Section 1101.104. Examinations and Documentation Regarding Intellectual Disability

Sec. 1101.104.  EXAMINATIONS AND DOCUMENTATION REGARDING INTELLECTUAL DISABILITY.  If an intellectual disability is the basis of the proposed ward's alleged incapacity, the court may not grant an application to create a guardianship for the proposed ward unless the applicant presents to the court a written letter or certificate that:(1)   complies with Sections 1101.103(a) and (b); or(2)  shows that not earlier than 24 months before the hearing date:(A)  the proposed ward has been examined by a physician or psychologist licensed in this state or certified by the Department of Aging and Disability Services to perform the examination, in accordance with rules of the executive commissioner of the Health and Human Services Commission governing examinations of that kind, and the physician's or psychologist's written findings and recommendations include a determination of an intellectual disability; or(B)  a physician or psychologist licensed in this state or certified by the Department of Aging and Disability Services to perform examinations described by Paragraph (A) updated or endorsed in writing a prior determination of an intellectual disability for the proposed ward made by a physician or psychologist licensed in this state or certified by the department.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 780 (S.B. 1235), Sec. 2, eff. January 1, 2014.|
TX Est Code § 1101.105 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1101 - General Procedure to Appoint Guardian|Subchapter C. Determination of Necessity of Guardianship; Findings and Proof|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 IN APPOINTMENT OF GUARDIAN FOR ADULTS.  In determining whether to appoint a guardian for an incapacitated person who is not a minor, the court may not use age as the sole factor.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1101.106 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1101 - General Procedure to Appoint Guardian|Subchapter C. Determination of Necessity of Guardianship; Findings and Proof|Section 1101.106. Evidence of Necessity of Guardianship to Receive Governmental Funds

Sec. 1101.106.  EVIDENCE OF NECESSITY OF GUARDIANSHIP TO RECEIVE GOVERNMENTAL FUNDS.  A certificate of the executive head or a representative of a bureau, department, or agency of the government, to the effect that the appointment of a guardian is a condition precedent to the payment of any funds due the proposed ward from that governmental entity, is prima facie evidence of the necessity for the appointment of a guardian.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1101.151 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1101 - General Procedure to Appoint Guardian|Subchapter D. Court Action|Section 1101.151. Order Appointing Guardian With Full Authority

Sec. 1101.151.  ORDER APPOINTING GUARDIAN WITH FULL AUTHORITY.  (a)  If it is found that the proposed ward is totally without capacity to care for himself or herself, manage his or her property, operate a motor vehicle, make personal decisions regarding residence, and vote in a public election, the court may appoint a guardian of the proposed ward's person or estate, or both, with full authority over the incapacitated person except as provided by law.(b)  An order appointing a guardian under this section must contain findings of fact and specify:(1)  the information required by Section 1101.153(a);(2)  that the guardian has full authority over the incapacitated person;(3)  if necessary, the amount of funds from the corpus of the person's estate the court will allow the guardian to spend for the education and maintenance of the person under Subchapter A, Chapter 1156;(4)  whether the person is totally incapacitated because of a mental condition;(5)  that the person does not have the capacity to operate a motor vehicle, make personal decisions regarding residence, and vote in a public election; and(6)  if it is a guardianship of the person of the ward or of both the person and the estate of the ward, the rights of the guardian with respect to the person as specified in Section 1151.051(c)(1).(c)  An order appointing a guardian under this section that includes the rights of the guardian with respect to the person as specified in Section 1151.051(c)(1) must also contain the following prominently displayed statement in boldfaced type, in capital letters, or underlined:"NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY USE REASONABLE EFFORTS TO ENFORCE THE RIGHT OF A GUARDIAN OF THE PERSON OF A WARD TO HAVE PHYSICAL POSSESSION OF THE WARD OR TO ESTABLISH THE WARD'S LEGAL DOMICILE AS SPECIFIED IN THIS ORDER.  A PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND THE OFFICER'S AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST ANY CIVIL OR OTHER CLAIM REGARDING THE OFFICER'S GOOD FAITH ACTS PERFORMED IN THE SCOPE OF THE OFFICER'S DUTIES IN ENFORCING THE TERMS OF THIS ORDER THAT RELATE TO THE ABOVE-MENTIONED RIGHTS OF THE COURT-APPOINTED GUARDIAN OF THE PERSON OF THE WARD.  ANY PERSON WHO KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER THAT IS INVALID OR NO LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS $10,000."|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 9, eff. January 1, 2014.Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 10, eff. September 1, 2015.|
TX Est Code § 1101.153 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1101 - General Procedure to Appoint Guardian|Subchapter D. Court Action|Section 1101.153. General Contents of Order Appointing Guardian

Sec. 1101.153.  GENERAL CONTENTS OF ORDER APPOINTING GUARDIAN.(a)  A court order appointing a guardian must:(1)  specify:(A)  the name of the person appointed;(B)  the name of the ward;(C)  whether the guardian is of the person or estate of the ward, or both;(D)  the amount of any bond required;(E)  if it is a guardianship of the estate of the ward and the court considers an appraisal to be necessary, one, two, or three disinterested persons to appraise the estate and to return the appraisement to the court; and(F)  that the clerk will issue letters of guardianship to the person appointed when the person has qualified according to law; and(2)  if the court waives the guardian's training requirement, contain a finding that the waiver is in accordance with rules adopted by the supreme court under Section 155.203, Government Code.(a-1)  If the letter or certificate under Section 1101.103(b)(3-a) stated that improvement in the ward's physical condition or mental functioning is possible and specified a period of less than a year after which the ward should be reevaluated to determine continued necessity for the guardianship, an order appointing a guardian must include the date by which the guardian must submit to the court an updated letter or certificate containing the requirements of Section 1101.103(b).(b)  An order appointing a guardian may not duplicate or conflict with the powers and duties of any other guardian.(c)  An order appointing a guardian or a successor guardian may specify as authorized by Section 1202.001(c) a period during which a petition for adjudication that the ward no longer requires the guardianship may not be filed without special leave.|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. 12, eff. September 1, 2015.Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 22, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 20, eff. September 1, 2021.|
TX Est Code § 1101.154 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1101 - General Procedure to Appoint Guardian|Subchapter D. Court Action|Section 1101.154. Appointment of Guardian of Estate for Certain Minors Prohibited

Sec. 1101.154.  APPOINTMENT OF GUARDIAN OF ESTATE FOR CERTAIN MINORS PROHIBITED.  A court may not appoint a guardian of the estate of a minor when a payment of claims is made under Chapter 1355.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1101.155 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1101 - General Procedure to Appoint Guardian|Subchapter D. Court Action|Section 1101.155. Dismissal of Application

Sec. 1101.155.  DISMISSAL OF APPLICATION.   If it is found that a proposed ward who is an adult possesses the capacity to care for himself or herself and manage his or her property as would a reasonably prudent person, the court shall dismiss an application for guardianship.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1101.156 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1101 - General Procedure to Appoint Guardian|Subchapter D. Court Action|Section 1101.156. Deposit of Estate Assets

Sec. 1101.156.  DEPOSIT OF ESTATE ASSETS.  (a)  At the time or after an order appointing a guardian is signed by the court but before letters of guardianship are issued, a court may, on the request of a party, require the deposit for safekeeping of cash, securities, or other assets of a ward or proposed ward in a financial institution described by Section 1105.155(b).(b)  The amount of the bond required to be given by the guardian under Section 1105.101 shall be reduced in proportion to the amount of the cash or the value of the securities or other assets deposited under this section.|Added by Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 9, eff. September 1, 2015.|
TX Est Code § 1104.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|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 one person may be appointed as guardian of the person or estate, but one person may be appointed guardian of the person and another person may be appointed guardian of the estate, if it is in the best interest of the incapacitated person or ward.(b)  Subsection (a) does not prohibit the joint appointment, if the court finds it to be in the best interest of the incapacitated person or ward, of:(1)  a husband and wife;(2)  joint managing conservators;(3)  co-guardians appointed under the laws of a jurisdiction other than this state; or(4)  both parents of an adult who is incapacitated if the incapacitated person:(A)  has not been the subject of a suit affecting the parent-child relationship; or(B)  has been the subject of a suit affecting the parent-child relationship and both of the incapacitated person's parents were named as joint managing conservators in the suit but are no longer serving in that capacity.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter A. General Provisions Relating to Appointment of Guardian|Section 1104.002. Preference of Incapacitated Person

Sec. 1104.002.  PREFERENCE OF INCAPACITATED PERSON.  Before appointing a guardian, the court shall make a reasonable effort to consider the incapacitated person's preference of the person to be appointed guardian and, to the extent consistent with other provisions of this title, shall give due consideration to the preference indicated by the incapacitated person, regardless of whether the person has designated by declaration a guardian before the need arises under Subchapter E.|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. 13, eff. September 1, 2015.|
TX Est Code § 1104.003 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter A. General Provisions Relating to Appointment of Guardian|Section 1104.003. Training Required

Sec. 1104.003.  TRAINING REQUIRED.  A court may not appoint an individual to serve as guardian under this title if the individual has not received the training required under Section 155.204, Government Code, unless waived by the court in accordance with rules adopted by the supreme court under Section 155.203, Government Code.|Added by Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 3, eff. September 1, 2017.|
TX Est Code § 1104.051 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|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 live together, both parents are the natural guardians of the person of the minor children by the marriage, and one of the parents is entitled to be appointed guardian of the children's estates.  If the parents disagree as to which parent should be appointed, the court shall make the appointment on the basis of which parent is better qualified to serve in that capacity.(b)  The rights of parents who do not live together are equal.  The court shall assign the guardianship of their minor children to one parent considering only the best interests of the children.(c)  If one parent is deceased, the surviving parent is the natural guardian of the person of the minor children and is entitled to be appointed guardian of the minor children's estates.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.052 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter B. Selection of Guardian for Minor|Section 1104.052. Guardian for Minor Orphan

Sec. 1104.052.  GUARDIAN FOR MINOR ORPHAN.  In appointing a guardian for a minor orphan:(1)  if the last surviving parent did not appoint a guardian, the nearest ascendant in the direct line of the minor is entitled to guardianship of both the person and the estate of the minor;(2)  if more than one ascendant exists in the same degree in the direct line of the minor, the court shall appoint one ascendant according to circumstances and considering the minor's best interests;(3)  if the minor does not have an ascendant in the direct line of the minor:(A)  the court shall appoint the nearest of kin; or(B)  if two or more persons are in the same degree of kinship to the minor, the court shall appoint one of those persons according to circumstances and considering the minor's best interests; and(4)  if the minor does not have a relative who is eligible to be guardian, or if none of the eligible persons apply to be guardian, the court shall appoint a qualified person as guardian.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.053 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter B. Selection of Guardian for Minor|Section 1104.053. Guardian Designated by Will or Written Declaration

Sec. 1104.053.  GUARDIAN DESIGNATED BY WILL OR WRITTEN DECLARATION.  (a)  Notwithstanding Section 1104.001 or 1104.051, the surviving parent of a minor may by will or written declaration appoint any eligible person to be guardian of the person of the parent's minor children after the parent dies or in the event of the parent's incapacity.(b)  After the surviving parent of a minor dies or if the court finds the surviving parent is an incapacitated person, the court shall appoint the person designated in the will or declaration to serve as guardian of the person of the parent's minor children in preference to another otherwise entitled to serve as guardian under this title, unless the court finds that the person designated to serve as guardian:(1)  is disqualified;(2)  is deceased;(3)  refuses to serve; or(4)  would not serve the minor children's best interests.(c)  On compliance with this title, an eligible person is also entitled to be appointed guardian of the minor children's estates after the surviving parent dies or in the event of the surviving parent's incapacity.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.054 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter B. Selection of Guardian for Minor|Section 1104.054. Selection of Guardian by Minor

Sec. 1104.054.  SELECTION OF GUARDIAN BY MINOR.  (a) Notwithstanding any other provision of this subchapter, if an application is filed for the guardianship of the person or estate, or both, of a minor at least 12 years of age, the minor may select the guardian by a writing filed with the clerk, if the court finds that the selection is in the minor's best interest and approves the selection.(b)  Notwithstanding any other provision of this subchapter, a minor at least 12 years of age may select another guardian of the minor's person or estate, or both, if the minor has a guardian appointed by the court, by will of the minor's parent, or by written declaration of the minor's parent, and that guardian dies, resigns, or is removed from guardianship.  The minor must make the selection by filing an application in open court in person or by an attorney.  The court shall make the appointment and revoke the letters of guardianship of the former guardian if the court is satisfied that:(1)  the person selected is suitable and competent; and(2)  the appointment of the person is in the minor's best interest.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.101 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|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 court shall appoint a guardian for an incapacitated person other than a minor according to the circumstances and considering the incapacitated person's best interests.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|