reglab/housing_qa huggingface dataset:
TX Est Code § 1105.202 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter E. Provisions Relating to Personal Sureties|Section 1105.202. Lien on Real Property Owned by Personal Surety

Sec. 1105.202.  LIEN ON REAL PROPERTY OWNED BY PERSONAL SURETY.  (a)  If a judge finds that the estimated value of personal property of the guardianship that cannot be deposited, as provided by Subchapter D, is such that personal sureties cannot be accepted without the creation of a specific lien on the real property owned by the sureties, the judge shall enter an order requiring each surety to designate real property that is owned by the surety, located in this state, and subject to execution.  The designated property must have a value that exceeds all liens and unpaid taxes by an amount at least equal to the amount of the bond and must have an adequate legal description, all of which the surety shall incorporate in an affidavit.  Following approval by the judge, the affidavit shall be attached to and form part of the bond.(b)  A lien arises as security for the performance of the obligation of the bond only on the real property designated in the affidavit.(c)  Before letters of guardianship are issued to the guardian whose bond includes an affidavit under this section, the court clerk shall mail a statement to the office of the county clerk of each county in which any real property designated in the affidavit is located.  The statement must be signed by the court clerk and include:(1)  a sufficient description of the real property;(2)  the names of the principal and sureties on the bond;(3)  the amount of the bond;(4)  the name of the guardianship; and(5)  the name of the court in which the bond is given.(d)  Each county clerk who receives a statement required by Subsection (c) shall record the statement in the county deed records.  Each recorded statement shall be indexed in a manner that permits the convenient determination of the existence and character of the lien described in the statement.(e)  The recording and indexing required by Subsection (d) is constructive notice to a person regarding the existence of the lien on the real property located in the county, effective as of the date of the indexing.(f)  If each personal surety subject to a court order under this section does not comply with the order, the judge may require that the bond be signed by:(1)  an authorized corporate surety; or(2)  an authorized corporate surety and at least two personal sureties.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.203 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter E. Provisions Relating to Personal Sureties|Section 1105.203. Subordination of Lien on Real Property Owned by Personal Surety

Sec. 1105.203.  SUBORDINATION OF LIEN ON REAL PROPERTY OWNED BY PERSONAL SURETY.  (a)  A personal surety required to create a lien on specific real property under Section 1105.202 who wishes to lease the real property for mineral development may file a written application in the court in which the proceeding is pending requesting subordination of the lien to the proposed lease.(b)  The judge may enter an order granting the application.(c)  A certified copy of an order entered under this section that is filed and recorded in the deed records of the proper county is sufficient to subordinate the lien to the rights of a lessee under the proposed lease.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.204 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter E. Provisions Relating to Personal Sureties|Section 1105.204. Release of Lien on Real Property Owned by Personal Sureties

Sec. 1105.204.  RELEASE OF LIEN ON REAL PROPERTY OWNED BY PERSONAL SURETIES.  (a)  A personal surety who has given a lien under Section 1105.202 may apply to the court to have the lien released.(b)  The court shall order the lien released if:(1)  the court is satisfied that the bond is sufficient without the lien; or(2)  sufficient other real or personal property of the surety is substituted on the same terms required for the lien that is to be released.(c)  If the personal surety does not offer a lien on other substituted property under Subsection (b)(2) and the court is not satisfied that the bond is sufficient without the substitution of other property, the court shall order the guardian to appear and give a new bond.(d)  A certified copy of the court's order releasing the lien and describing the property that was subject to the lien has the effect of canceling the lien if the order is filed with the county clerk and recorded in the deed records of the county in which the property is located.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.251 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter F. New Bonds|Section 1105.251. Grounds for Requiring New Bond

Sec. 1105.251.  GROUNDS FOR REQUIRING NEW BOND.  (a)  A guardian may be required to give a new bond if:(1)  a surety on a bond dies, removes beyond the limits of this state, or becomes insolvent;(2)  in the court's opinion:(A)  the sureties on a bond are insufficient; or(B)  a bond is defective;(3)  the amount of a bond is insufficient;(4)  a surety on a bond petitions the court to be discharged from future liability on the bond; or(5)  a bond and the record of the bond have been lost or destroyed.(b)  A person interested in the guardianship may have the guardian cited to appear and show cause why the guardian should not be required to give a new bond by filing a written application with the county clerk of the county in which the guardianship proceeding is pending.  The application must allege that:(1)  the bond is insufficient or defective; or(2)  the bond and the record of the bond have been lost or destroyed.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.252 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter F. New Bonds|Section 1105.252. Court Order or Citation on New Bond

Sec. 1105.252.  COURT ORDER OR CITATION ON NEW BOND.  (a)  When a judge is made aware that a bond is insufficient or that a bond and the record of the bond have been lost or destroyed, the judge shall:(1)  without delay and without notice enter an order requiring the guardian to give a new bond; or(2)  without delay have the guardian cited to show cause why the guardian should not be required to give a new bond.(b)  An order entered under Subsection (a)(1) must state:(1)  the reasons for requiring a new bond;(2)  the amount of the new bond; and(3)  the period within which the new bond must be given, which may not expire earlier than the 10th day after the date of the order.(c)  A guardian who opposes an order entered under Subsection (a)(1) may demand a hearing on the order.  The hearing must be held before the expiration of the period within which the new bond must be given.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.253 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter F. New Bonds|Section 1105.253. Show Cause Hearing on New Bond Requirement

Sec. 1105.253.  SHOW CAUSE HEARING ON NEW BOND REQUIREMENT.  (a)  On the return of a citation ordering a guardian to show cause why the guardian should not be required to give a new bond, the judge shall, on the date specified in the return of citation for the hearing of the matter, inquire into the sufficiency of the reasons for requiring a new bond.(b)  If the judge is satisfied that a new bond should be required, the judge shall enter an order requiring a new bond.  The order must state:(1)  the amount of the new bond; and(2)  the period within which the new bond must be given, which may not expire later than the 20th day after the date of 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 § 1105.254 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter F. New Bonds|Section 1105.254. Effect of Order Requiring New Bond

Sec. 1105.254.  EFFECT OF ORDER REQUIRING NEW BOND.  (a)  An order requiring a guardian to give a new bond has the effect of suspending the guardian's powers.(b)  After the order is entered, the guardian may not pay out any of the guardianship's money or take any other official action, except to preserve the guardianship's property, until the new bond is given and approved.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.255 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter F. New Bonds|Section 1105.255. New Bond in Decreased Amount

Sec. 1105.255.  NEW BOND IN DECREASED AMOUNT.  (a)  A guardian required to give a bond may at any time file with the clerk a written application requesting that the court reduce the amount of the bond.(b)  After the guardian files an application under Subsection (a), the clerk shall issue and have posted notice to all persons interested in the estate and to a surety on the bond.  The notice must inform the interested persons and surety of:(1)  the fact that the application has been filed;(2)  the nature of the application; and(3)  the time the judge will hear the application.(c)  The judge may permit the filing of a new bond in a reduced amount if:(1)  proof is submitted that a bond in an amount less than the bond in effect will be adequate to meet the requirements of law and protect the guardianship; and(2)  the judge approves an accounting filed at the time of the application.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.256 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter F. New Bonds|Section 1105.256. Request by Surety for New Bond

Sec. 1105.256.  REQUEST BY SURETY FOR NEW BOND.  (a)  A surety on a guardian's bond may at any time file with the clerk a petition requesting that the court in which the proceeding is pending:(1)  require the guardian to give a new bond; and(2)  discharge the petitioner from all liability for the future acts of the guardian.(b)  If a petition is filed under Subsection (a), the guardian shall be cited to appear and give a new bond.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.257 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter F. New Bonds|Section 1105.257. Discharge of Former Sureties on Approval of New Bond

Sec. 1105.257.  DISCHARGE OF FORMER SURETIES ON APPROVAL OF NEW BOND.  When a new bond has been given and approved, the judge shall enter an order discharging the sureties on the former bond from all liability for the future acts of the principal on the bond.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1151.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1151 - Rights, Powers, and Duties Under Guardianship|Subchapter A. Rights, Powers, and Duties in General|Section 1151.001. Rights and Powers Retained by Ward

Sec. 1151.001.  RIGHTS AND POWERS RETAINED BY WARD.  An incapacitated person for whom a guardian is appointed retains all legal and civil rights and powers except those designated by court order as legal disabilities by virtue of having been specifically granted to the guardian.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1151.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1151 - Rights, Powers, and Duties Under Guardianship|Subchapter A. Rights, Powers, and Duties in General|Section 1151.002. Rights of Good Faith Purchasers

Sec. 1151.002.  RIGHTS OF GOOD FAITH PURCHASERS.  (a)  This section applies only to a guardian who has qualified acting as guardian and in conformity with the law and the guardian's authority.(b)  A guardian's act is valid for all purposes regarding the rights of an innocent purchaser of property of the guardianship estate who purchased the property from the guardian for valuable consideration, in good faith, and without notice of any illegality in the title to the property, regardless of whether the guardian's act or the authority under which the act was performed is subsequently set aside, annulled, or declared invalid.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1151.003 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1151 - Rights, Powers, and Duties Under Guardianship|Subchapter A. Rights, Powers, and Duties in General|Section 1151.003. Guardian May Not Dispute Ward's Right to Property; Exception

Sec. 1151.003.  GUARDIAN MAY NOT DISPUTE WARD'S RIGHT TO PROPERTY; EXCEPTION.  A guardian, or an heir, executor, administrator, or assignee of a guardian, may not dispute the right of the ward to any property that came into the guardian's possession as guardian of the ward, except property:(1)  that is recovered from the guardian; or(2)  on which there is a personal action pending.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1151.004 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1151 - Rights, Powers, and Duties Under Guardianship|Subchapter A. Rights, Powers, and Duties in General|Section 1151.004. Powers and Duties of Person Serving as Guardian of Both Person and Estate

Sec. 1151.004.  POWERS AND DUTIES OF PERSON SERVING AS GUARDIAN OF BOTH PERSON AND ESTATE.  The guardian of both the person and the estate of a ward has all the rights and powers and shall perform all the duties of the guardian of the person and the guardian of the estate.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1151.005 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1151 - Rights, Powers, and Duties Under Guardianship|Subchapter A. Rights, Powers, and Duties in General|Section 1151.005. Legal Proceedings in Which Ward Is Party or Witness

Sec. 1151.005.  LEGAL PROCEEDINGS IN WHICH WARD IS PARTY OR WITNESS.  The guardian of the person or of the estate of a ward may not be excluded from attending a legal proceeding in which the ward is:(1)  a party; or(2)  participating as a witness.|Added by Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 31, eff. September 1, 2021.Added by Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 21, eff. September 1, 2021.|
TX Est Code § 1151.052 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1151 - Rights, Powers, and Duties Under Guardianship|Subchapter B. Powers and Duties of Guardians Relating to Care of Ward|Section 1151.052. Care of Adult Ward

Sec. 1151.052.  CARE OF ADULT WARD.  (a)  The guardian of an adult ward may spend funds of the guardianship as provided by court order to care for and maintain the ward.(b)  The guardian of an adult ward who has decision-making ability may apply on the ward's behalf for residential care and services provided by a public or private facility if the ward agrees to be placed in the facility.  The guardian shall report the condition of the ward to the court at regular intervals at least annually, unless the court orders more frequent reports.  The guardian shall include in a report of an adult ward who is receiving residential care in a public or private residential care facility a statement as to the necessity for continued care in the facility.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1151.053 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1151 - Rights, Powers, and Duties Under Guardianship|Subchapter B. Powers and Duties of Guardians Relating to Care of Ward|Section 1151.053. Commitment of Ward

Sec. 1151.053.  COMMITMENT OF WARD.  (a) Except as provided by Subsection (b) or (c), a guardian may not voluntarily admit a ward to a public or private inpatient psychiatric facility operated by the Department of State Health Services for care and treatment or to a residential facility operated by the Department of Aging and Disability Services for care and treatment.  If care and treatment in a psychiatric or residential facility is necessary, the ward or the ward's guardian may:(1)  apply for services under Section 593.027 or 593.028, Health and Safety Code;(2)  apply to a court to commit the person under Subtitle C or D, Title 7, Health and Safety Code, or Chapter 462, Health and Safety Code; or(3)  transport the ward to an inpatient mental health facility for a preliminary examination in accordance with Subchapters A and C, Chapter 573, Health and Safety Code.(b)  A guardian of a person younger than 18 years of age may voluntarily admit the ward to a public or private inpatient psychiatric facility for care and treatment.(c)  A guardian of a person may voluntarily admit an incapacitated person to a residential care facility for emergency care or respite care under Section 593.027 or 593.028, Health and Safety Code.|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. 6.040, eff. January 1, 2014.|
TX Est Code § 1151.054 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1151 - Rights, Powers, and Duties Under Guardianship|Subchapter B. Powers and Duties of Guardians Relating to Care of Ward|Section 1151.054. Administration of Medication

Sec. 1151.054.  ADMINISTRATION OF MEDICATION.  (a) In this section, "psychoactive medication" has the meaning assigned by Section 574.101, Health and Safety Code.(b)  The guardian of the person of a ward who is not a minor and who is under a protective custody order as provided by Subchapter B, Chapter 574, Health and Safety Code, may consent to the administration of psychoactive medication as prescribed by the ward's treating physician regardless of the ward's expressed preferences regarding treatment with psychoactive medication.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1151.055 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1151 - Rights, Powers, and Duties Under Guardianship|Subchapter B. Powers and Duties of Guardians Relating to Care of Ward|Section 1151.055. Application by Certain Relatives for Access to Ward; Hearing and Court Order

Sec. 1151.055.  APPLICATION BY CERTAIN RELATIVES FOR ACCESS TO WARD; HEARING AND COURT ORDER.  (a)  This section applies to a relative described under Sections 1101.001(b)(13)(A)-(D).(b) A relative of a ward may file an application with the court requesting access to the ward, including the opportunity to establish visitation or communication with the ward.(c)  Except as provided by Subsection (d), the court shall schedule a hearing on the application not later than the 60th day after the date an application is filed under Subsection (b).  The court may grant a continuance of a hearing under this section for good cause.(d)  If an application under Subsection (b) states that the ward's health is in significant decline or that the ward's death may be imminent, the court shall conduct an emergency hearing as soon as practicable, but not later than the 10th day after the date the application is filed under Subsection (b).(e)  The guardian of a ward with respect to whom an application is filed under Subsection (b) shall be personally served with a copy of the application and cited to appear at a hearing under:(1)  Subsection (c) at least 21 days before the date of the hearing; and(2)  Subsection (d) as soon as practicable.(f)  The court shall issue an order after notice and a hearing under this section.  An order issued under this section may:(1)  prohibit the guardian of a ward from preventing the applicant access to the ward if the applicant shows by a preponderance of the evidence that:(A)  the guardian's past act or acts prevented access to the ward; and(B)  the ward desires contact with the applicant; and(2)  specify the frequency, time, place, location, and any other terms of access.(g)  In deciding whether to issue or modify an order issued under this section, the court:(1)  shall consider:(A)  whether any protective orders have been issued against the applicant to protect the ward;(B)  whether a court or other state agency has found that the applicant abused, neglected, or exploited the ward; and(C)  the best interest of the ward; and(2)  may consider whether:(A)  visitation by the applicant should be limited to situations in which a third person, specified by the court, is present; or(B)  visitation should be suspended or denied.(h)  The court may, in its discretion, award the prevailing party in any action brought under this section court costs and attorney's fees, if any.  Court costs or attorney's fees awarded under this subsection may not be paid from the ward's estate.|Added by Acts 2015, 84th Leg., R.S., Ch. 1087 (H.B. 2665), Sec. 1, eff. June 19, 2015.|
TX Est Code § 1151.101 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1151 - Rights, Powers, and Duties Under Guardianship|Subchapter C. General Powers and Duties of Guardians of the Estate|Section 1151.101. General Powers and Duties

Sec. 1151.101.  GENERAL POWERS AND DUTIES.  (a)  Subject to Subsection (b), the guardian of the estate of a ward is entitled to:(1)  possess and manage all property belonging to the ward;(2)  collect all debts, rentals, or claims that are due to the ward;(3)  enforce all obligations in favor of the ward;(4)  bring and defend suits by or against the ward; and(5)  access the ward's digital assets as provided by Chapter 2001.(b)  In the management of a ward's estate, the guardian of the estate is governed by the provisions of this title.(c)  In this section, "digital asset" has the meaning assigned by Section 2001.002.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 5, eff. September 1, 2017.|