reglab/housing_qa huggingface dataset:
TX Est Code § 1202.156 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1202 - Modification or Termination of Guardianship|Subchapter D. Hearing, Evidence, and Orders in Proceeding for Complete Restoration of Ward's Capacity or Modification of Guardianship|Section 1202.156. Additional Requirements for Order Modifying Guardianship

Sec. 1202.156.  ADDITIONAL REQUIREMENTS FOR ORDER MODIFYING GUARDIANSHIP.  If the court finds that a guardian's powers or duties should be expanded or limited, the order modifying the guardianship must contain findings of fact and specify, in addition to the information required by Section 1202.154:(1)  the specific powers, limitations, or duties of the guardian with respect to the care of the ward or the management of the ward's property, as appropriate;(2)  the specific areas of protection and assistance to be provided to the ward;(3)  any limitation of the ward's rights;(4)  if the ward's incapacity resulted from a mental condition, whether the ward retains the right to vote and make personal decisions regarding residence; and(5)  that the clerk shall modify the letters of guardianship to the extent applicable to conform to the order.|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. 21, eff. September 1, 2015.|
TX Est Code § 1202.157 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1202 - Modification or Termination of Guardianship|Subchapter D. Hearing, Evidence, and Orders in Proceeding for Complete Restoration of Ward's Capacity or Modification of Guardianship|Section 1202.157. Additional Requirements for Order Dismissing Application

Sec. 1202.157.  ADDITIONAL REQUIREMENTS FOR ORDER DISMISSING APPLICATION.  If the court finds that a modification of the ward's guardianship is not necessary or that the ward's capacity has not been restored, the court shall dismiss the application and enter an order that contains findings of fact and specifies, in addition to the information required by Section 1202.154, that the guardian's powers, limitations, or duties with respect to the ward's care or the management of the ward's property remain unchanged.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1202.201 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1202 - Modification or Termination of Guardianship|Subchapter E. Restoration of Rights on Termination of Guardianship|Section 1202.201. Removal of Firearm Disability on Complete Restoration of Ward's Capacity

Sec. 1202.201.  REMOVAL OF FIREARM DISABILITY ON COMPLETE RESTORATION OF WARD'S CAPACITY.  (a)  A  person whose guardianship was terminated because the person's capacity was completely restored may file an application with the court that created the guardianship for an order requesting the removal of the person's disability to purchase a firearm imposed under 18 U.S.C. Section 922(g)(4).(b)  At a proceeding involving the complete restoration of the ward's capacity under Subchapter B, the ward or a person interested in the ward's welfare may request an order seeking relief from a firearms disability described by Subsection (a).(c)  In determining whether to grant the relief sought under Subsection (a) or (b), the court must hear and consider evidence about:(1)  the circumstances that led to imposition of the firearms disability;(2)  the person's mental history;(3)  the person's criminal history; and(4)  the person's reputation.(d)  A court may not grant relief under this section unless the court makes and enters in the record the following affirmative findings:(1)  the person or ward is no longer likely to act in a manner dangerous to public safety; and(2)  removing the person's or ward's disability to purchase a firearm is in the public interest.|Added by Acts 2013, 83rd Leg., R.S., Ch. 684 (H.B. 2407), Sec. 1, eff. January 1, 2014.|
TX Est Code § 1203.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter A. Resignation of Guardian|Section 1203.001. Resignation Application

Sec. 1203.001.  RESIGNATION APPLICATION.  A guardian of the estate or guardian of the person who wishes to resign the guardian's trust shall file a written application with the court clerk, accompanied by:(1)  in the case of a guardian of the estate, a complete and verified exhibit and final account showing the true condition of the guardianship estate entrusted to the guardian's care; or(2)  in the case of a guardian of the person, a verified report containing the information required in the annual report required under Subchapter C, Chapter 1163, showing the condition of the ward entrusted to the guardian's care.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1203.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter A. Resignation of Guardian|Section 1203.002. Immediate Acceptance of Resignation; Discharge and Release

Sec. 1203.002.  IMMEDIATE ACCEPTANCE OF RESIGNATION; DISCHARGE AND RELEASE.  (a)  If the necessity exists, the court may immediately accept the resignation of a guardian and appoint a successor guardian as provided by Section 1203.102(b).(b)  The court may not discharge a person resigning as guardian of the estate whose resignation is accepted under Subsection (a), or release the person or the sureties on the person's bond, until a final order has been issued, or a final judgment has been rendered, on the final account required under Section 1203.001.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1203.003 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter A. Resignation of Guardian|Section 1203.003. Delivery of Estate Property to Successor Guardian Following Resignation

Sec. 1203.003.  DELIVERY OF ESTATE PROPERTY TO SUCCESSOR GUARDIAN FOLLOWING RESIGNATION.  The court at any time may order a resigning guardian who has any part of a ward's estate to deliver any part of the estate to a person who has been appointed and has qualified as successor guardian.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1203.004 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter A. Resignation of Guardian|Section 1203.004. Hearing Date; Citation

Sec. 1203.004.  HEARING DATE; CITATION.  (a)  When an application to resign as guardian is filed under Section 1203.001, supported by the exhibit and final account or report required under that section, the court clerk shall bring the application to the judge's attention and the judge shall set a date for a hearing on the matter.(b)  After a hearing is set under Subsection (a), the clerk shall issue a citation to all interested persons, showing:(1)  that an application that complies with Section 1203.001 has been filed; and(2)  the time and place set for the hearing at which the interested persons may appear and contest the exhibit and final account or report supporting the application.(c)  Unless the court directs that the citation under Subsection (b) be published, the citation must be posted.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1203.005 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter A. Resignation of Guardian|Section 1203.005. Hearing

Sec. 1203.005.  HEARING.  (a)  At the time set for the hearing under Section 1203.004, unless the court continues the hearing, and if the court finds that the citation required under that section has been properly issued and served, the court shall:(1)  examine the exhibit and final account or report required by Section 1203.001;(2)  hear all evidence for and against the exhibit, final account, or report; and(3)  if necessary, restate and audit and settle the exhibit, final account, or report.(b)  If the court is satisfied that the matters entrusted to the guardian applying to resign have been handled and accounted for in accordance with the law, the court shall:(1)  enter an order approving the exhibit and final account or report; and(2)  require that any estate property remaining in the applicant's possession be delivered to the person entitled by law to receive the property.(c)  A guardian of the person shall comply with all court orders concerning the guardian's ward.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1203.006 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter A. Resignation of Guardian|Section 1203.006. Requirements for Discharge

Sec. 1203.006.  REQUIREMENTS FOR DISCHARGE.  (a)  A guardian applying to resign may not be discharged until:(1)  the resignation application has been heard;(2)  the exhibit and final account or report required under Section 1203.001 has been examined, settled, and approved; and(3)  the applicant has satisfied the court that the applicant has:(A)  delivered any estate property remaining in the applicant's possession; or(B)  complied with all court orders relating to the applicant's trust as guardian.(b)  When a guardian applying to resign has fully complied with the court orders, the court shall enter an order:(1)  accepting the resignation; and(2)  discharging the applicant and, if the applicant is under bond, the applicant's sureties.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1203.051 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter B. Removal and Reinstatement of Guardian|Section 1203.051. Removal Without Notice; Appointment of Guardian Ad Litem and Attorney Ad Litem

Sec. 1203.051.  REMOVAL WITHOUT NOTICE; APPOINTMENT OF GUARDIAN AD LITEM AND ATTORNEY AD LITEM.  (a)  The court, on the court's own motion or on the motion of an interested person, including the ward, and without notice, may remove a guardian appointed under this title who:(1)  neglects to qualify in the manner and time required by law;(2)  fails to return, not later than the 30th day after the date the guardian qualifies, an inventory of the guardianship estate property and a list of claims that have come to the guardian's knowledge, unless that deadline is extended by court order;(3)  if required, fails to give a new bond within the period prescribed;(4)  is absent from the state for a consecutive period of three or more months without the court's permission, or removes from the state;(5)  cannot be served with notices or other processes because:(A)  the guardian's whereabouts are unknown;(B)  the guardian is eluding service; or(C)  the guardian is a nonresident of this state who does not have a resident agent to accept service of process in any guardianship proceeding or other matter relating to the guardianship;(6)  subject to Section 1203.056(a):(A)  has misapplied, embezzled, or removed from the state, or is about to misapply, embezzle, or remove from the state, any of the property entrusted to the guardian's care; or(B)  has engaged in conduct with respect to the ward that would be considered to be abuse, neglect, or exploitation, as those terms are defined by Section 48.002, Human Resources Code, if engaged in with respect to an elderly or disabled person, as defined by that section; or(7)  has neglected to educate or maintain the ward as liberally as the means of the ward and the condition of the ward's estate permit.(b)  In a proceeding to remove a guardian under Subsection (a)(6) or (7), the court shall appoint a guardian ad litem as provided by Subchapter B, Chapter 1054, and an attorney ad litem.  The attorney ad litem has the duties prescribed by Section 1054.004.  In the interest of judicial economy, the court may appoint the same person as guardian ad litem and attorney ad litem unless a conflict exists between the interests to be represented by the guardian ad litem and attorney ad litem.|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. 161 (S.B. 1093), Sec. 6.053, eff. January 1, 2014.|
TX Est Code § 1203.053 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter B. Removal and Reinstatement of Guardian|Section 1203.053. Removal Order

Sec. 1203.053.  REMOVAL ORDER.  An order removing a guardian shall:(1)  state the cause of the removal;(2)  require that, if the removed guardian has been personally served with citation, any letters of guardianship issued to the removed guardian be surrendered and that, regardless of whether the letters have been delivered, all the letters be canceled of record; and(3)  require the removed guardian to:(A)  deliver any estate property in the guardian's possession to the persons entitled to the property or to one who has been appointed and has qualified as successor guardian; and(B)  relinquish control of the ward's person as required in the order.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1203.0531 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter B. Removal and Reinstatement of Guardian|Section 1203.0531. Notice of Removal Order

Sec. 1203.0531.  NOTICE OF REMOVAL ORDER.  The court clerk shall issue notice of an order rendered by the court removing a guardian under Section 1203.051(a)(1), (2), (3), (4), (6), or (7).  The notice must:(1)  state the names of the ward and the removed guardian;(2)  state the date the court signed the order of removal;(3)  contain the following statement printed in 12-point bold font:"If you have been removed from serving as guardian under Section 1203.051(a)(6)(A) or (B), Estates Code, you have the right to contest the order of removal by filing an application with the court for a hearing under Section 1203.056, Estates Code, to determine whether you should be reinstated as guardian.  The application must be filed not later than the 30th day after the date the court signed the order of removal.";(4)  contain as an attachment a copy of the order of removal; and(5)  be personally served on the removed guardian not later than the seventh day after the date the court signed the order of removal.|Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.055, eff. January 1, 2014.|
TX Est Code § 1203.054 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter B. Removal and Reinstatement of Guardian|Section 1203.054. Discharge and Release Following Removal

Sec. 1203.054.  DISCHARGE AND RELEASE FOLLOWING REMOVAL.  With respect to a person who is removed as guardian of the estate and whose successor is appointed without citation or notice as provided by Section 1203.102(b), the court may not discharge the person or release the person or the sureties on the person's bond until a final order has been issued or final judgment has been rendered on the guardian's final account.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1203.055 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter B. Removal and Reinstatement of Guardian|Section 1203.055. Delivery of Estate Property to Successor Guardian Following Removal

Sec. 1203.055.  DELIVERY OF ESTATE PROPERTY TO SUCCESSOR GUARDIAN FOLLOWING REMOVAL.  The court at any time may order a person removed as guardian under this subchapter who has any part of a ward's estate to deliver any part of the estate to a person who has been appointed and has qualified as successor guardian.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1203.056 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter B. Removal and Reinstatement of Guardian|Section 1203.056. Removal and Reinstatement of Guardian Under Certain Circumstances

Sec. 1203.056.  REMOVAL AND REINSTATEMENT OF GUARDIAN UNDER CERTAIN CIRCUMSTANCES.  (a)  The court may remove a guardian under Section 1203.051(a)(6)(A) or (B) only on the presentation of clear and convincing evidence given under oath.(b)  Not later than the 30th day after the date the court signs the order of removal, a guardian who is removed under Section 1203.051(a)(6)(A) or (B) may file an application with the court for a hearing to determine whether the guardian should be reinstated.(c)  On the filing of an application under Subsection (b), the court clerk shall issue to the applicant, the ward, a person interested in the ward's welfare or estate, and, if applicable, a person who has control of the care and custody of the ward a notice stating:(1)  that an application for reinstatement has been filed;(2)  the name of the ward; and(3)  the name of the applicant for reinstatement.(d)  The notice required by Subsection (c) must cite all persons interested in the ward's welfare or estate to appear at the time and place stated in the notice if the persons wish to contest the application.(e)  The court shall hold a hearing on an application for reinstatement under this section as soon as practicable after the application is filed, but not later than the 60th day after the date the court signed the order of removal.  If, at the conclusion of the hearing, the court is satisfied by a preponderance of the evidence that the applicant did not engage in the conduct that directly led to the applicant's removal, the court shall:(1)  set aside any order appointing a successor guardian; and(2)  enter an order reinstating the applicant as guardian of the ward or estate.(f)  If the court sets aside the appointment of a successor guardian under this section, the court may require the successor guardian to prepare and file, under oath, an accounting of the estate and to detail the disposition the successor has made of the estate property.|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. 161 (S.B. 1093), Sec. 6.056, eff. January 1, 2014.|
TX Est Code § 1203.057 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter B. Removal and Reinstatement of Guardian|Section 1203.057. Removal of Joint Guardian

Sec. 1203.057.  REMOVAL OF JOINT GUARDIAN.  If a joint guardian is removed under Section 1203.052(a)(10), the other joint guardian is entitled to continue to serve as the sole guardian unless removed for a reason other than the dissolution of the joint guardians' marriage.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1203.101 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter C. Appointment of Successor Guardian; Revocation of Letters|Section 1203.101. Requirements for Revocation of Letters

Sec. 1203.101.  REQUIREMENTS FOR REVOCATION OF LETTERS.  Except as otherwise expressly provided by this title, letters of guardianship may be revoked only:(1)  on application; and(2)  after personal service of citation on the person whose letters are sought to be revoked requiring the person to appear and show cause why the application should not be granted.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|