reglab/housing_qa huggingface dataset:
TX Est Code § 1104.211 (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 E. Written Declaration to Designate Guardian Before Need Arises|Section 1104.211. Effect of Divorce on Designation of Spouse

Sec. 1104.211.  EFFECT OF DIVORCE ON DESIGNATION OF SPOUSE.  If a declarant designates the declarant's spouse to serve as guardian under this subchapter, and the declarant is subsequently divorced from that spouse before a guardian is appointed, the provision of the declaration designating the spouse has no effect.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.212 (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 E. Written Declaration to Designate Guardian Before Need Arises|Section 1104.212. Alternate or Other Court-Appointed Guardian

Sec. 1104.212.  ALTERNATE OR OTHER COURT-APPOINTED GUARDIAN.  (a)  The court shall appoint the next eligible designated alternate guardian named in a declaration if the designated guardian does not qualify, is deceased, refuses to serve, resigns, or dies after being appointed guardian, or is otherwise unavailable to serve as guardian.(b)  The court shall appoint another person to serve as guardian as otherwise provided by this title if the designated guardian and all designated alternate guardians named in the declaration:(1)  do not qualify;(2)  are deceased;(3)  refuse to serve; or(4)  later die or resign.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.251 (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 F. Certification Requirements|Section 1104.251. Certification Required for Certain Guardians

Sec. 1104.251.  CERTIFICATION REQUIRED FOR CERTAIN GUARDIANS.  (a)  An individual must be certified under Subchapter C, Chapter 155, Government Code, if the individual:(1)  is a private professional guardian;(2)  will represent the interests of a ward as a guardian on behalf of a private professional guardian;(3)  is providing guardianship services to a ward of a guardianship program on the program's behalf, except as provided by Section 1104.254; or(4)  is an employee of the Department of Aging and Disability Services providing guardianship services to a ward of the department.(b)  An individual employed by or contracting with a guardianship program must be certified as provided by Subsection (a) to provide guardianship services to a ward of the program.|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. 42 (S.B. 966), Sec. 2.08, eff. September 1, 2014.|
TX Est Code § 1104.252 (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 F. Certification Requirements|Section 1104.252. Effect of Provisional Certificate

Sec. 1104.252.  EFFECT OF PROVISIONAL CERTIFICATE.  For purposes of this subchapter, a person who holds a provisional certificate issued under Section 155.103, Government Code, is considered to be certified.|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. 42 (S.B. 966), Sec. 2.09, eff. September 1, 2014.|
TX Est Code § 1104.253 (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 F. Certification Requirements|Section 1104.253. Exception for Family Members and Friends

Sec. 1104.253.  EXCEPTION FOR FAMILY MEMBERS AND FRIENDS.  A family member or friend of an incapacitated person is not required to be certified under Subchapter C, Chapter 155, Government Code, or any other law to serve as the person's guardian.|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. 42 (S.B. 966), Sec. 2.10, eff. September 1, 2014.|
TX Est Code § 1104.254 (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 F. Certification Requirements|Section 1104.254. Exception for Certain Volunteers

Sec. 1104.254.  EXCEPTION FOR CERTAIN VOLUNTEERS.  An individual volunteering with a guardianship program or with the Department of Aging and Disability Services is not required to be certified as provided by Section 1104.251 to provide guardianship services or other services under Section 161.114, Human Resources Code, on the program's or the department's behalf.|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. 6.038, eff. January 1, 2014.|
TX Est Code § 1104.255 (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 F. Certification Requirements|Section 1104.255. Expiration of Certification

Sec. 1104.255.  EXPIRATION OF CERTIFICATION.  A person whose certification under Subchapter C, Chapter 155, Government Code, has expired must obtain a new certification under that subchapter to provide or continue providing guardianship services to a ward or incapacitated person under this title.|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. 42 (S.B. 966), Sec. 2.11, eff. September 1, 2014.|
TX Est Code § 1104.256 (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 F. Certification Requirements|Section 1104.256. Failure to Comply; Court's Duty to Notify

Sec. 1104.256.  FAILURE TO COMPLY; COURT'S DUTY TO NOTIFY.  The court shall notify the guardianship certification program of the Judicial Branch Certification Commission if the court becomes aware of a person who is not complying with:(1)  the terms of a certification issued under Subchapter C, Chapter 155, Government Code; or(2)  the standards and rules adopted under that subchapter.|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. 42 (S.B. 966), Sec. 2.12, eff. September 1, 2014.|
TX Est Code § 1104.257 (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 F. Certification Requirements|Section 1104.257. Information Regarding Services Provided by Guardianship Program

Sec. 1104.257.  INFORMATION REGARDING SERVICES PROVIDED BY GUARDIANSHIP PROGRAM.  Not later than January 31 of each year, each guardianship program operating in a county shall submit to the county clerk a copy of the report submitted to the guardianship certification program of the Judicial Branch Certification Commission under Section 155.105, Government 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. 42 (S.B. 966), Sec. 2.13, eff. September 1, 2014.|
TX Est Code § 1104.258 (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 F. Certification Requirements|Section 1104.258. Information Regarding Certain State Employees Providing Guardianship Services

Sec. 1104.258.  INFORMATION REGARDING CERTAIN STATE EMPLOYEES PROVIDING GUARDIANSHIP SERVICES.  Not later than January 31 of each year, the Department of Aging and Disability Services shall submit to the guardianship certification program of the Judicial Branch Certification Commission a statement containing:(1)  the name, address, and telephone number of each department employee who is or will be providing guardianship services to a ward or proposed ward on the department's behalf; and(2)  the name of each county in which each employee named in Subdivision (1) is providing or is authorized to provide those services.|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. 42 (S.B. 966), Sec. 2.14, eff. September 1, 2014.|
TX Est Code § 1104.301 (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 G. Private Professional Guardians|Section 1104.301. Certification and Registration Required

Sec. 1104.301.  CERTIFICATION AND REGISTRATION REQUIRED.  A court may not appoint a private professional guardian to serve as a guardian or permit a private professional guardian to continue to serve as a guardian under this title if the private professional guardian is not:(1)  certified as provided by Section 1104.251(a), 1104.252, 1104.255, or 1104.256; or(2)  in compliance with the registration requirements of this subchapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.302 (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 G. Private Professional Guardians|Section 1104.302. Annual Certificate of Registration

Sec. 1104.302.  ANNUAL CERTIFICATE OF REGISTRATION.  A private professional guardian must annually apply for a certificate of registration.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.303 (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 G. Private Professional Guardians|Section 1104.303. Requirements of Application

Sec. 1104.303.  REQUIREMENTS OF APPLICATION.  (a)  An application for a certificate of registration must include a sworn statement containing the following information concerning a private professional guardian or each person who represents or plans to represent the interests of a ward as a guardian on behalf of the private professional guardian:(1)  place of residence;(2)  business address and business telephone number;(3)  educational background and professional experience;(4)  three or more professional references;(5)  the name of each ward for whom the private professional guardian or person is or will be serving as a guardian;(6)  the aggregate fair market value of the property of all wards that is or will be managed by the private professional guardian or person;(7)  whether the private professional guardian or person has ever been removed as a guardian by the court or resigned as a guardian in a particular case, and, if so:(A)  a description of the circumstances causing the removal or resignation; and(B)  the style of the suit, the docket number, and the court having jurisdiction over the proceeding; and(8)  the certification number or provisional certification number issued to the private professional guardian or person by the guardianship certification program of the Judicial Branch Certification Commission.(b)  The application must be:(1)  made to the clerk of the county having venue of the proceeding for the appointment of a guardian; and(2)  accompanied by a nonrefundable fee of $40 to cover the cost of administering this subchapter.|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. 42 (S.B. 966), Sec. 2.15, eff. September 1, 2014.Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 13, eff. January 1, 2014.|
TX Est Code § 1104.304 (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 G. Private Professional Guardians|Section 1104.304. Term of Registration; Renewal

Sec. 1104.304.  TERM OF REGISTRATION; RENEWAL.  (a)  The term of an initial registration begins on the date the requirements under Section 1104.303 are met and extends through December 31 of the year in which the application is made.  After the term of the initial registration, the term of registration begins on January 1 and extends through December 31 of each year.(b)  An application to renew a registration must be completed during December of the year preceding the year for which the renewal is requested.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.305 (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 G. Private Professional Guardians|Section 1104.305. Use of Registration Information

Sec. 1104.305.  USE OF REGISTRATION INFORMATION.  (a)  The clerk shall bring the information received under Section 1104.303 to the judge's attention for review.(b)  The judge shall use the information only to determine whether to appoint, remove, or continue the appointment of a private professional guardian.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.306 (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 G. Private Professional Guardians|Section 1104.306. Use of Names and Business Addresses

Sec. 1104.306.  USE OF NAMES AND BUSINESS ADDRESSES.  Not later than January 31 of each year, the clerk shall submit to the guardianship certification program of the Judicial Branch Certification Commission the name and business address of each private professional guardian who has satisfied the registration requirements of this subchapter during the preceding year.|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. 42 (S.B. 966), Sec. 2.16, eff. September 1, 2014.|
TX Est Code § 1104.351 (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 H. Grounds for Disqualification|Section 1104.351. Incapacity or Inexperience

Sec. 1104.351.  INCAPACITY OR INEXPERIENCE.  A person may not be appointed guardian if the person is:(1)  a minor or other incapacitated person; or(2)  a person who, because of inexperience, lack of education, or other good reason, is incapable of properly and prudently managing and controlling the person or estate of the ward.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.352 (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 H. Grounds for Disqualification|Section 1104.352. Unsuitability

Sec. 1104.352.  UNSUITABILITY.  A person may not be appointed guardian if the person is a person, institution, or corporation found by the court to be unsuitable.|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. 6.039, eff. January 1, 2014.|
TX Est Code § 1104.353 (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 H. Grounds for Disqualification|Section 1104.353. Notoriously Bad Conduct; Presumption Concerning Best Interest

Sec. 1104.353.  NOTORIOUSLY BAD CONDUCT; PRESUMPTION CONCERNING BEST INTEREST.  (a)  A person may not be appointed guardian if the person's conduct is notoriously bad.(b)  It is presumed to be not in the best interests of a ward or incapacitated person to appoint as guardian of the ward or incapacitated person a person who has been finally convicted of:(1)  any sexual offense, including sexual assault, aggravated sexual assault, and prohibited sexual conduct;(2)  aggravated assault;(3)  injury to a child, elderly individual, or disabled individual;(4)  abandoning or endangering a child;(5)  terroristic threat; or(6)  continuous violence against the family of the ward or incapacitated person.|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. 14, eff. January 1, 2014.|
TX Est Code § 1104.354 (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 H. Grounds for Disqualification|Section 1104.354. Conflict of Interest

Sec. 1104.354.  CONFLICT OF INTEREST.  A person may not be appointed guardian if the person:(1)  is a party or is a person whose parent is a party to a lawsuit concerning or affecting the welfare of the proposed ward, unless the court:(A)  determines that the lawsuit claim of the person who has applied to be appointed guardian is not in conflict with the lawsuit claim of the proposed ward; or(B)  appoints a guardian ad litem to represent the interests of the proposed ward throughout the litigation of the ward's lawsuit claim;(2)  is indebted to the proposed ward, unless the person pays the debt before appointment; or(3)  asserts a claim adverse to the proposed ward or the proposed ward's property.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.355 (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 H. Grounds for Disqualification|Section 1104.355. Disqualified in Declaration

Sec. 1104.355.  DISQUALIFIED IN DECLARATION.  A person may not be appointed guardian if the person is disqualified in a declaration under Section 1104.202(b).|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.356 (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 H. Grounds for Disqualification|Section 1104.356. Lack of Certain Required Certification

Sec. 1104.356.  LACK OF CERTAIN REQUIRED CERTIFICATION.  A person may not be appointed guardian if the person does not have the certification to serve as guardian that is required by Subchapter F.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.357 (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 H. Grounds for Disqualification|Section 1104.357. Nonresident Without Resident Agent

Sec. 1104.357.  NONRESIDENT WITHOUT RESIDENT AGENT.  A person may not be appointed guardian if the person is a nonresident who has failed to file with the court the name of a resident agent to accept service of process in all actions or proceedings relating to the guardianship.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.358 (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 H. Grounds for Disqualification|Section 1104.358. Subject to Protective Order for Family Violence

Sec. 1104.358.  SUBJECT TO PROTECTIVE ORDER FOR FAMILY VIOLENCE.  A person found to have committed family violence who is subject to a protective order issued under Chapter 85, Family Code, may not be appointed guardian of a proposed ward or ward who is protected by the protective order.|Added by Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 15, eff. January 1, 2014.|
TX Est Code § 1104.359 (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 H. Grounds for Disqualification|Section 1104.359. Effect of Lack of Required Registration

Sec. 1104.359.  EFFECT OF LACK OF REQUIRED REGISTRATION.  (a)  A guardianship program may not be appointed guardian:(1)  if the program is not registered as required under Subchapter F, Chapter 155, Government Code;(2)  if a registration certificate issued to the program under Subchapter F, Chapter 155, Government Code, is expired or refused renewal, or has been revoked and not been reissued; or(3)  during the time a registration certificate issued to the program under Subchapter F, Chapter 155, Government Code, is suspended.(b)  This section does not prevent the appointment, on the individual's own behalf, of an individual who is employed by or contracts with a guardianship program to provide guardianship and related services independently of the program.|Added by Acts 2017, 85th Leg., R.S., Ch. 715 (S.B. 36), Sec. 1, eff. September 1, 2017.Amended by: Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.002(5), eff. September 1, 2019.|
TX Est Code § 1104.401 (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 I. Access to Criminal History Records|Section 1104.401. Definition

Sec. 1104.401.  DEFINITION.  In this subchapter, "department" means the Department of Aging and Disability Services.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|