reglab/housing_qa huggingface dataset:
TX Est Code § 1102.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1102 - Court-Initiated Procedure to Appoint Guardian|Section 1102.001. Court-Initiated Investigation

Sec. 1102.001.  COURT-INITIATED INVESTIGATION.  (a)  If a court has probable cause to believe that a person domiciled or found in the county in which the court is located is an incapacitated person, and the person does not have a guardian in this state, the court shall appoint a guardian ad litem or court investigator to investigate the person's conditions and circumstances to determine whether:(1)  the person is an incapacitated person; and(2)  a guardianship is necessary.(b)  If a court appoints a guardian ad litem or court investigator under Subsection (a):(1)  the court's order appointing a guardian ad litem or court investigator must include a statement that the person believed to be incapacitated has the right to petition the court to have the appointment set aside;(2)  at the initial meeting between the guardian ad litem or court investigator and the person believed to be incapacitated, the guardian ad litem or court investigator, as appropriate, shall provide a copy of the information letter under Section 1102.003 and the order to, and discuss the contents of the letter and order with, the person believed to be incapacitated; and(3)  during the period beginning after the date of the initial meeting described by Subdivision (2) and ending on the date an application for the appointment of a guardian is filed, the person believed to be incapacitated may petition the court to have the appointment of the guardian ad litem or court investigator, as appropriate, set aside.|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. 1031 (H.B. 1438), Sec. 10, eff. September 1, 2015.|
TX Est Code § 1102.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1102 - Court-Initiated Procedure to Appoint Guardian|Section 1102.002. Establishment of Probable Cause for Investigation

Sec. 1102.002.  ESTABLISHMENT OF PROBABLE CAUSE FOR INVESTIGATION.  To establish probable cause under Section 1102.001, the court may require:(1)  an information letter about the person believed to be incapacitated that is submitted by an interested person and satisfies the requirements of Section 1102.003; or(2)  a written letter or certificate from a physician who has examined the person believed to be incapacitated that satisfies the requirements of Section 1101.103, except that the letter must be:(A)  dated not earlier than the 120th day before the date of the appointment of a guardian ad litem or court investigator under Section 1102.001; and(B)  based on an examination the physician performed not earlier than the 120th day before that date.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1102.003 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1102 - Court-Initiated Procedure to Appoint Guardian|Section 1102.003. Information Letter

Sec. 1102.003.  INFORMATION LETTER.  (a) An interested person who submits an information letter under Section 1102.002(1) about a person believed to be incapacitated must, to the best of the interested person's knowledge:(1)  state the person's name, address, telephone number, county of residence, and date of birth;(2)  state whether the person's residence is a private residence, health care facility, or other type of residence;(3)  describe the relationship between the person and the interested person submitting the letter;(4)  state the names and telephone numbers of any known friends and relatives of the person;(5)  state whether a guardian of the person or estate has been appointed in this state for the person;(6)  state whether the person has executed a power of attorney and, if so, the designee's name, address, and telephone number;(7)  describe any property of the person, including the estimated value of that property;(8)  list the amount and source of any monthly income of the person;(9)  describe the nature and degree of the person's alleged incapacity; and(10)  state whether the person is in imminent danger of serious impairment to the person's physical health, safety, or estate.(b)  In addition to the requirements of Subsection (a), if an information letter under that subsection is submitted by an interested person who is a family member of the person believed to be incapacitated, the information letter must:(1)  be signed and sworn to before a notary public by the interested person; or(2)  include a written declaration signed by the interested person under penalty of perjury that the information contained in the information letter is true to the best of the person's knowledge.(c)  Any information provided by the Department of Family and Protective Services under this section that is confidential under Chapter 48, Human Resources Code, remains confidential and is not subject to disclosure under Chapter 552, 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. 982 (H.B. 2080), Sec. 11, eff. January 1, 2014.Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 11, eff. September 1, 2015.|
TX Est Code § 1102.004 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1102 - Court-Initiated Procedure to Appoint Guardian|Section 1102.004. Application for Guardianship Following Investigation

Sec. 1102.004.  APPLICATION FOR GUARDIANSHIP FOLLOWING INVESTIGATION.  A guardian ad litem or court investigator who, after an investigation as prescribed by Section 1102.001, believes that the person is an incapacitated person and that a guardianship is necessary shall file an application for the appointment of a guardian of the person or estate, or both, for the person.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1102.005 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1102 - Court-Initiated Procedure to Appoint Guardian|Section 1102.005. Compensation of Guardian Ad Litem

Sec. 1102.005.  COMPENSATION OF GUARDIAN AD LITEM.  (a)  Regardless of whether a guardianship is created for a proposed ward and except as provided by Section 1155.151, a court that appoints a guardian ad litem under Section 1102.001 may authorize compensation of the guardian ad litem from available funds of:(1)  the proposed ward's estate; or(2)  the management trust, if a management trust has been created for the benefit of the proposed ward under Chapter 1301.(b)  Except as provided by Section 1155.151, after examining the proposed ward's assets or the assets of any management trust created for the proposed ward's benefit under Chapter 1301, and determining that the proposed ward or the management trust is unable to pay for services provided by the guardian ad litem, the court may authorize compensation from the county treasury.|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. 12, eff. January 1, 2014.Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 12, eff. September 1, 2015.|
TX Est Code § 1102.006 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1102 - Court-Initiated Procedure to Appoint Guardian|Section 1102.006. Notice Regarding Request to Financial Institution for Customer Records

Sec. 1102.006.  NOTICE REGARDING REQUEST TO FINANCIAL INSTITUTION FOR CUSTOMER RECORDS.  If a request is made to a financial institution for a customer record in connection with an investigation conducted under Section 1102.001, the court shall provide written notice of that fact to the proposed ward with respect to whom the investigation is conducted not later than the fifth day after the date the financial institution produces the customer record.|Added by Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 13, eff. September 1, 2015.|
TX Est Code § 1103.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1103 - Procedure to Appoint Guardian for Certain Minors Requiring Guardianships as Adults|Section 1103.001. Application for Appointment of Guardian

Sec. 1103.001.  APPLICATION FOR APPOINTMENT OF GUARDIAN.  Not earlier than the 180th day before the proposed ward's 18th birthday, a person may file an application under Section 1101.001 for the appointment of a guardian of the person or estate, or both, of a proposed ward who:(1)  is a minor; and(2)  because of incapacity will require a guardianship after the proposed ward is no longer a minor.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1103.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1103 - Procedure to Appoint Guardian for Certain Minors Requiring Guardianships as Adults|Section 1103.002. Appointment of Conservator as Guardian Without Hearing

Sec. 1103.002.  APPOINTMENT OF CONSERVATOR AS GUARDIAN WITHOUT HEARING.  (a)  Notwithstanding any other law, if the applicant who files an application under Section 1101.001 or 1103.001 is a person who was appointed conservator of a disabled child and the proceeding is a guardianship proceeding described by Section 1002.015(1) in which the proposed ward is the incapacitated adult with respect to whom another court obtained continuing, exclusive jurisdiction in a suit affecting the parent-child relationship when the person was a child, the applicant may present to the court a written letter or certificate that meets the requirements of Sections 1101.103(a) and (b).(b)  If, on receipt of the letter or certificate described by Subsection (a), the court is able to make the findings required by Section 1101.101, the court, notwithstanding Subchapter C, Chapter 1104, shall:(1)  appoint the conservator as guardian without conducting a hearing; and(2)  to the extent possible preserve the terms of possession and access to the ward that applied before the court obtained jurisdiction of the guardianship proceeding.|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. 6.037, eff. January 1, 2014.|
TX Est Code § 1103.003 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1103 - Procedure to Appoint Guardian for Certain Minors Requiring Guardianships as Adults|Section 1103.003. Effective Date of Guardianship

Sec. 1103.003.  EFFECTIVE DATE OF GUARDIANSHIP.  If the application filed under Section 1103.001 is heard before the proposed ward's 18th birthday, a guardianship created under this chapter may not take effect and the person appointed guardian may not take the oath or make the declaration as required under Section 1105.051 or give a bond as required under Section 1105.101 until the proposed ward's 18th birthday.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 23, eff. September 1, 2021.|
TX Est Code § 1103.004 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1103 - Procedure to Appoint Guardian for Certain Minors Requiring Guardianships as Adults|Section 1103.004. Settlement and Closing of Prior Guardianship

Sec. 1103.004.  SETTLEMENT AND CLOSING OF PRIOR GUARDIANSHIP.  Notwithstanding Section 1202.001(b), the guardianship of the person of a minor who is the subject of an application for the appointment of a guardian of the person filed under Section 1103.001 is settled and closed when:(1)  the court, after a hearing on the application, determines that the appointment of a guardian of the person for the proposed ward is not necessary; or(2)  the guardian appointed by the court, after a hearing on the application, has qualified under Section 1105.002.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1106.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1106 - Letters of Guardianship|Section 1106.001. Issuance of Certificate as Letters of Guardianship

Sec. 1106.001.  ISSUANCE OF CERTIFICATE AS LETTERS OF GUARDIANSHIP.  (a)  When a person who is appointed guardian has qualified under Section 1105.002, the clerk shall issue to the guardian a certificate under seal stating:(1)  the fact of the appointment and of the qualification;(2)  the date of the appointment and of the qualification; and(3)  the date the letters of guardianship expire.(b)  The certificate issued by the clerk under Subsection (a) constitutes letters of guardianship.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1106.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1106 - Letters of Guardianship|Section 1106.002. Expiration of Letters of Guardianship

Sec. 1106.002.  EXPIRATION OF LETTERS OF GUARDIANSHIP.  Letters of guardianship expire one year and four months after the date the letters are issued, unless renewed.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1106.003 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1106 - Letters of Guardianship|Section 1106.003. Renewal of Letters of Guardianship

Sec. 1106.003.  RENEWAL OF LETTERS OF GUARDIANSHIP.  (a)  The clerk may not renew letters of guardianship relating to the appointment of a guardian of the estate until the court receives and approves the guardian's annual account.(b)  The clerk may not renew letters of guardianship relating to the appointment of a guardian of the person until the court receives and approves the guardian's annual report.(c)  If a guardian's annual account or annual report is disapproved or is not timely filed, the clerk may not issue further letters of guardianship to the delinquent guardian unless ordered by the court.(d)  Except as otherwise provided by this subsection, regardless of the date the court approves an annual account or annual report for purposes of this section, a renewal of letters of guardianship relates back to the date the original letters were issued.  If the accounting period has been changed as provided by this title, a renewal relates back to the first day of the accounting period.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1106.004 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1106 - Letters of Guardianship|Section 1106.004. Replacement and Other Additional Letters of Guardianship

Sec. 1106.004.  REPLACEMENT AND OTHER ADDITIONAL LETTERS OF GUARDIANSHIP.  When letters of guardianship have been destroyed or lost, the clerk shall issue new letters that have the same effect as the original letters.  The clerk shall also issue any number of letters on request of the person who holds the letters.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1106.005 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1106 - Letters of Guardianship|Section 1106.005. Effect of Letters or Certificate

Sec. 1106.005.  EFFECT OF LETTERS OR CERTIFICATE.  (a)  Letters of guardianship or a certificate issued under Section 1106.001 under seal of the clerk of the court that granted the letters is sufficient evidence of:(1)  the appointment and qualification of the guardian; and(2)  the date of qualification.(b)  The court order that appoints the guardian is evidence of the authority granted to the guardian and of the scope of the powers and duties that the guardian may exercise only after the date letters of guardianship or a certificate has been issued under Section 1106.001.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1106.006 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1106 - Letters of Guardianship|Section 1106.006. Validation of Certain Letters of Guardianship

Sec. 1106.006.  VALIDATION OF CERTAIN LETTERS OF GUARDIANSHIP.  (a)  Letters of guardianship existing on September 1, 1993, that were issued to a nonresident guardian without the procedure or any part of the procedure provided in this chapter, or without a notice or citation required of a resident guardian, are validated as of the letters' dates, to the extent that the absence of the procedure, notice, or citation is concerned.  An otherwise valid conveyance, mineral lease, or other act of a nonresident guardian qualified and acting in connection with the letters of guardianship and under supporting orders of a county or probate court of this state is validated.(b)  This section does not apply to letters of guardianship, a conveyance, a lease, or another act of a nonresident guardian under this section if the absence of the procedure, notice, or citation involving the letters, conveyance, lease, or other act of the nonresident guardian is an issue in a lawsuit pending in this state on September 1, 1993.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1152.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1152 - Guardianship Pending Appeal of Appointment|Section 1152.001. Guardian to Serve Pending Appeal of Appointment

Sec. 1152.001.  GUARDIAN TO SERVE PENDING APPEAL OF APPOINTMENT.  Pending an appeal from an order or judgment appointing a guardian, the appointee shall continue to:(1)  act as guardian; and(2)  prosecute a pending suit in favor of 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 § 1152.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1152 - Guardianship Pending Appeal of Appointment|Section 1152.002. Appeal Bond

Sec. 1152.002.  APPEAL BOND.  (a)  Except as provided by Subsection (b), if a guardian appeals, an appeal bond is not required.(b)  A guardian must give an appeal bond if the appeal personally concerns 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 § 1153.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1153 - Notice to Claimants|Section 1153.001. Required Notice Regarding Presentment of Claims in General

Sec. 1153.001.  REQUIRED NOTICE REGARDING PRESENTMENT OF CLAIMS IN GENERAL.  (a)  Within one month after receiving letters of guardianship, a guardian of an estate shall provide notice requiring each person who has a claim against the estate to present the claim within the period prescribed by law.  The notice must be:(1)  published in a newspaper of general circulation in the county in which the letters were issued; and(2)  sent to the comptroller by certified or registered mail, if the ward remitted or should have remitted taxes administered by the comptroller.(b)  Notice provided under Subsection (a) must include:(1)  the date the letters of guardianship were issued to the guardian of the estate;(2)  the address to which a claim may be presented; and(3)  an instruction of the guardian's choice that the claim be addressed in care of:(A)  the guardian;(B)  the guardian's attorney; or(C)  "Guardian, Estate of ____________" (naming the estate).(c)  If there is no newspaper of general circulation in the county in which the letters of guardianship were issued, the notice must be posted and the return made and filed as otherwise required by 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 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 33, eff. September 1, 2021.|
TX Est Code § 1153.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1153 - Notice to Claimants|Section 1153.002. Proof of Publication

Sec. 1153.002.  PROOF OF PUBLICATION.  A copy of the published notice required by Section 1153.001(a)(1), with the publisher's affidavit, sworn to and subscribed before a proper officer, to the effect that the notice was published as provided in this title for the service of citation or notice by publication, shall be filed in the court in which the cause is pending.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1153.003 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1153 - Notice to Claimants|Section 1153.003. Required Notice to Certain Claimants

Sec. 1153.003.  REQUIRED NOTICE TO CERTAIN CLAIMANTS.  (a) Within four months after receiving letters of guardianship, the guardian of an estate shall give notice of the issuance of the letters to each person who has a claim for money against the ward's estate:(1)  that is secured by a deed of trust, mortgage, or vendor's, mechanic's, or other contractor's lien on real estate belonging to the estate; or(2)  about which the guardian has actual knowledge.(b)  Notice provided under this section must be:(1)  sent by certified or registered mail, return receipt requested; and(2)  addressed to the record holder of the claim at the record holder's last known post office address.(c)  The following shall be filed in the court from which the letters of guardianship were issued:(1)  a copy of each notice required by Subsection (a)(1) with the return receipt; and(2)  the guardian's affidavit stating:(A)  that the notice was mailed as required by law; and(B)  the name of the person to whom the notice was mailed, if that name is not shown on the notice or receipt.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1153.004 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1153 - Notice to Claimants|Section 1153.004. Permissive Notice to Unsecured Creditor Regarding Period for Presentment of Claim

Sec. 1153.004.  PERMISSIVE NOTICE TO UNSECURED CREDITOR REGARDING PERIOD FOR PRESENTMENT OF CLAIM.  The guardian of the estate may expressly state in a notice given to an unsecured creditor under Section 1153.003(a)(2) that the creditor must present a claim not later than the 120th day after the date the creditor receives the notice or the claim is barred, if the claim is not barred by the general statutes of limitation.  A statement under this section must include:(1)  the address to which the claim may be presented;  and(2)  an instruction that the claim be filed with the clerk of the court that issued the letters of guardianship.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|