reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1101 - General Procedure to Appoint Guardian › Subchapter C. Determination of Necessity of Guardianship; Findings and Proof › Section 1101.104. Examinations and Documentation Regarding Intellectual Disability

Text of section as amended by Acts 2023, 88th Leg., R.S., Ch. 1012 (H.B. 3009), Sec. 3
For text of section as amended by Acts 2023, 88th Leg., R.S., Ch. 938 (S.B. 1606), Sec. 1, see other Sec. 1101.104.
Sec. 1101.104.  EXAMINATIONS AND DOCUMENTATION REGARDING INTELLECTUAL DISABILITY.  (a)  If an intellectual disability is the basis of the proposed ward's alleged incapacity, the court may not grant an application to create a guardianship for the proposed ward unless the applicant presents to the court a written letter or certificate that:
(1)  complies with Sections 1101.103(a) and (b); or
(2)  shows that not earlier than 24 months before the hearing date:
(A)  the proposed ward has been examined by a physician or advanced practice registered nurse or by a psychologist licensed in this state or certified by the Health and Human Services Commission to perform the examination, in accordance with rules of the executive commissioner of the commission governing examinations of that kind, and the written findings and recommendations include a determination of an intellectual disability; or
(B)  a physician or advanced practice registered nurse or a psychologist licensed in this state or certified by the Health and Human Services Commission to perform examinations described by Paragraph (A) updated or endorsed in writing a prior determination of an intellectual disability for the proposed ward made by a physician or by a psychologist licensed in this state or certified by the commission.
(a-1)  For purposes of Subsection (a), a letter or certificate based on an examination by an advanced practice registered nurse must be signed by the supervising physician.
(b)  For purposes of Subsection (a)(2)(B), the determination of an advanced practice registered nurse that is based on an examination of a proposed ward conducted by the advanced practice registered nurse under delegation from and supervision by a physician and is signed by the supervising physician is considered the supervising physician's determination.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 780 (S.B. 1235), Sec. 2, eff. January 1, 2014.
Acts 2023, 88th Leg., R.S., Ch. 1012 (H.B. 3009), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1101 - General Procedure to Appoint Guardian › Subchapter C. Determination of Necessity of Guardianship; Findings and Proof › Section 1101.105. Prohibition Against Consideration of Age as Sole Factor in Appointment of Guardian for Adults

Sec. 1101.105.  PROHIBITION AGAINST CONSIDERATION OF AGE AS SOLE FACTOR IN APPOINTMENT OF GUARDIAN FOR ADULTS.  In determining whether to appoint a guardian for an incapacitated person who is not a minor, the court may not use age as the sole factor.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1101 - General Procedure to Appoint Guardian › Subchapter C. Determination of Necessity of Guardianship; Findings and Proof › Section 1101.106. Evidence of Necessity of Guardianship to Receive Governmental Funds

Sec. 1101.106.  EVIDENCE OF NECESSITY OF GUARDIANSHIP TO RECEIVE GOVERNMENTAL FUNDS.  A certificate of the executive head or a representative of a bureau, department, or agency of the government, to the effect that the appointment of a guardian is a condition precedent to the payment of any funds due the proposed ward from that governmental entity, is prima facie evidence of the necessity for the appointment of a guardian.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1101 - General Procedure to Appoint Guardian › Subchapter D. Court Action › Section 1101.151. Order Appointing Guardian With Full Authority

Sec. 1101.151.  ORDER APPOINTING GUARDIAN WITH FULL AUTHORITY.  (a)  If it is found that the proposed ward is totally without capacity to care for himself or herself, manage his or her property, operate a motor vehicle, make personal decisions regarding residence, and vote in a public election, the court may appoint a guardian of the proposed ward's person or estate, or both, with full authority over the incapacitated person except as provided by law.
(b)  An order appointing a guardian under this section must contain findings of fact and specify:
(1)  the information required by Section 1101.153(a);
(2)  that the guardian has full authority over the incapacitated person;
(3)  if necessary, the amount of funds from the corpus of the person's estate the court will allow the guardian to spend for the education and maintenance of the person under Subchapter A, Chapter 1156;
(4)  whether the person is totally incapacitated because of a mental condition;
(5)  that the person does not have the capacity to operate a motor vehicle, make personal decisions regarding residence, and vote in a public election; and
(6)  if it is a guardianship of the person of the ward or of both the person and the estate of the ward, the rights of the guardian with respect to the person as specified in Section 1151.051(c)(1).
(c)  An order appointing a guardian under this section that includes the rights of the guardian with respect to the person as specified in Section 1151.051(c)(1) must also contain the following prominently displayed statement in boldfaced type, in capital letters, or underlined:
"NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY USE REASONABLE EFFORTS TO ENFORCE THE RIGHT OF A GUARDIAN OF THE PERSON OF A WARD TO HAVE PHYSICAL POSSESSION OF THE WARD OR TO ESTABLISH THE WARD'S LEGAL DOMICILE AS SPECIFIED IN THIS ORDER.  A PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND THE OFFICER'S AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST ANY CIVIL OR OTHER CLAIM REGARDING THE OFFICER'S GOOD FAITH ACTS PERFORMED IN THE SCOPE OF THE OFFICER'S DUTIES IN ENFORCING THE TERMS OF THIS ORDER THAT RELATE TO THE ABOVE-MENTIONED RIGHTS OF THE COURT-APPOINTED GUARDIAN OF THE PERSON OF THE WARD.  ANY PERSON WHO KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER THAT IS INVALID OR NO LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS $10,000."
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 9, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 10, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1101 - General Procedure to Appoint Guardian › Subchapter D. Court Action › Section 1101.153. General Contents of Order Appointing Guardian

Sec. 1101.153.  GENERAL CONTENTS OF ORDER APPOINTING GUARDIAN.
(a)  A court order appointing a guardian must:
(1)  specify:
(A)  the name of the person appointed;
(B)  the name of the ward;
(C)  whether the guardian is of the person or estate of the ward, or both;
(D)  the amount of any bond required;
(E)  if it is a guardianship of the estate of the ward and the court considers an appraisal to be necessary, one, two, or three disinterested persons to appraise the estate and to return the appraisement to the court; and
(F)  that the clerk will issue letters of guardianship to the person appointed when the person has qualified according to law; and
(2)  if the court waives the guardian's training requirement, contain a finding that the waiver is in accordance with rules adopted by the supreme court under Section 155.203, Government Code.
(a-1)  If the letter or certificate under Section 1101.103(b)(3-a) stated that improvement in the ward's physical condition or mental functioning is possible and specified a period of less than a year after which the ward should be reevaluated to determine continued necessity for the guardianship, an order appointing a guardian must include the date by which the guardian must submit to the court an updated letter or certificate containing the requirements of Section 1101.103(b).
(b)  An order appointing a guardian may not duplicate or conflict with the powers and duties of any other guardian.
(c)  An order appointing a guardian or a successor guardian may specify as authorized by Section 1202.001(c) a period during which a petition for adjudication that the ward no longer requires the guardianship may not be filed without special leave.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 12, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 22, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 20, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1101 - General Procedure to Appoint Guardian › Subchapter D. Court Action › Section 1101.154. Appointment of Guardian of Estate for Certain Minors Prohibited

Sec. 1101.154.  APPOINTMENT OF GUARDIAN OF ESTATE FOR CERTAIN MINORS PROHIBITED.  A court may not appoint a guardian of the estate of a minor when a payment of claims is made under Chapter 1355.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1101 - General Procedure to Appoint Guardian › Subchapter D. Court Action › Section 1101.155. Dismissal of Application

Sec. 1101.155.  DISMISSAL OF APPLICATION.   If it is found that a proposed ward who is an adult possesses the capacity to care for himself or herself and manage his or her property as would a reasonably prudent person, the court shall dismiss an application for guardianship.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1101 - General Procedure to Appoint Guardian › Subchapter D. Court Action › Section 1101.156. Deposit of Estate Assets

Sec. 1101.156.  DEPOSIT OF ESTATE ASSETS.  (a)  At the time or after an order appointing a guardian is signed by the court but before letters of guardianship are issued, a court may, on the request of a party, require the deposit for safekeeping of cash, securities, or other assets of a ward or proposed ward in a financial institution described by Section 1105.155(b).
(b)  The amount of the bond required to be given by the guardian under Section 1105.101 shall be reduced in proportion to the amount of the cash or the value of the securities or other assets deposited under this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 9, eff. September 1, 2015.
2023 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.
2023 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

Text of section as amended by Acts 2023, 88th Leg., R.S., Ch. 939 (S.B. 1624), Sec. 8
For text of section as amended by Acts 2023, 88th Leg., R.S., Ch. 1012 (H.B. 3009), Sec. 4, see other Sec. 1102.002.
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 or psychologist 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 or psychologist 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 939 (S.B. 1624), Sec. 8, eff. September 1, 2023.
2023 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

Text of section as amended by Acts 2023, 88th Leg., R.S., Ch. 1012 (H.B. 3009), Sec. 4
For text of section as amended by Acts 2023, 88th Leg., R.S., Ch. 939 (S.B. 1624), Sec. 8, see other Sec. 1102.002.
Sec. 1102.002.  ESTABLISHMENT OF PROBABLE CAUSE FOR INVESTIGATION.  (a)  In this section:
(1)  "Advanced practice registered nurse" has the meaning assigned by Section 301.152, Occupations Code.
(2)  "Physician" has the meaning assigned by Section 1101.100.
(b)  An advanced practice registered nurse may act under this section only if the advanced practice registered nurse is acting under a physician's delegation authority and supervision in accordance with Chapter 157, Occupations Code.
(c)  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 or advanced practice registered nurse 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 or advanced practice registered nurse performed not earlier than the 120th day before that date.
(d)  For purposes of Subsection (c)(2), a letter or certificate based on an examination by an advanced practice registered nurse must be signed by the supervising physician. The opinion of an advanced practice registered nurse that is based on an examination of a proposed ward conducted by the advanced practice registered nurse under delegation from and supervision by a physician and signed by the supervising physician is considered the supervising physician's opinion.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1012 (H.B. 3009), Sec. 4, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter A. General Provisions Relating to Appointment of Guardian › Section 1104.001. Guardian of the Person or Estate

Sec. 1104.001.  GUARDIAN OF THE PERSON OR ESTATE.  (a)  Only one person may be appointed as guardian of the person or estate, but one person may be appointed guardian of the person and another person may be appointed guardian of the estate, if it is in the best interest of the incapacitated person or ward.
(b)  Subsection (a) does not prohibit the joint appointment, if the court finds it to be in the best interest of the incapacitated person or ward, of:
(1)  a husband and wife;
(2)  joint managing conservators;
(3)  co-guardians appointed under the laws of a jurisdiction other than this state; or
(4)  both parents of an adult who is incapacitated if the incapacitated person:
(A)  has not been the subject of a suit affecting the parent-child relationship; or
(B)  has been the subject of a suit affecting the parent-child relationship and both of the incapacitated person's parents were named as joint managing conservators in the suit but are no longer serving in that capacity.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter A. General Provisions Relating to Appointment of Guardian › Section 1104.002. Preference of Incapacitated Person

Sec. 1104.002.  PREFERENCE OF INCAPACITATED PERSON.  Before appointing a guardian, the court shall make a reasonable effort to consider the incapacitated person's preference of the person to be appointed guardian and, to the extent consistent with other provisions of this title, shall give due consideration to the preference indicated by the incapacitated person, regardless of whether the person has designated by declaration a guardian before the need arises under Subchapter E.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 13, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter A. General Provisions Relating to Appointment of Guardian › Section 1104.003. Training Required

Sec. 1104.003.  TRAINING REQUIRED.  A court may not appoint an individual to serve as guardian under this title if the individual has not received the training required under Section 155.204, Government Code, unless waived by the court in accordance with rules adopted by the supreme court under Section 155.203, Government Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter B. Selection of Guardian for Minor › Section 1104.051. Guardian of Minor Children

Sec. 1104.051.  GUARDIAN OF MINOR CHILDREN.  (a)  If the parents live together, both parents are the natural guardians of the person of the minor children by the marriage, and one of the parents is entitled to be appointed guardian of the children's estates.  If the parents disagree as to which parent should be appointed, the court shall make the appointment on the basis of which parent is better qualified to serve in that capacity.
(b)  The rights of parents who do not live together are equal.  The court shall assign the guardianship of their minor children to one parent considering only the best interests of the children.
(c)  If one parent is deceased, the surviving parent is the natural guardian of the person of the minor children and is entitled to be appointed guardian of the minor children's estates.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter B. Selection of Guardian for Minor › Section 1104.052. Guardian for Minor Orphan

Sec. 1104.052.  GUARDIAN FOR MINOR ORPHAN.  In appointing a guardian for a minor orphan:
(1)  if the last surviving parent did not appoint a guardian, the nearest ascendant in the direct line of the minor is entitled to guardianship of both the person and the estate of the minor;
(2)  if more than one ascendant exists in the same degree in the direct line of the minor, the court shall appoint one ascendant according to circumstances and considering the minor's best interests;
(3)  if the minor does not have an ascendant in the direct line of the minor:
(A)  the court shall appoint the nearest of kin; or
(B)  if two or more persons are in the same degree of kinship to the minor, the court shall appoint one of those persons according to circumstances and considering the minor's best interests; and
(4)  if the minor does not have a relative who is eligible to be guardian, or if none of the eligible persons apply to be guardian, the court shall appoint a qualified person as guardian.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter B. Selection of Guardian for Minor › Section 1104.053. Guardian Designated by Will or Written Declaration

Sec. 1104.053.  GUARDIAN DESIGNATED BY WILL OR WRITTEN DECLARATION.  (a)  Notwithstanding Section 1104.001 or 1104.051, the surviving parent of a minor may by will or written declaration appoint any eligible person to be guardian of the person of the parent's minor children after the parent dies or in the event of the parent's incapacity.
(b)  After the surviving parent of a minor dies or if the court finds the surviving parent is an incapacitated person, the court shall appoint the person designated in the will or declaration to serve as guardian of the person of the parent's minor children in preference to another otherwise entitled to serve as guardian under this title, unless the court finds that the person designated to serve as guardian:
(1)  is disqualified;
(2)  is deceased;
(3)  refuses to serve; or
(4)  would not serve the minor children's best interests.
(c)  On compliance with this title, an eligible person is also entitled to be appointed guardian of the minor children's estates after the surviving parent dies or in the event of the surviving parent's incapacity.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter B. Selection of Guardian for Minor › Section 1104.054. Selection of Guardian by Minor

Sec. 1104.054.  SELECTION OF GUARDIAN BY MINOR.  (a) Notwithstanding any other provision of this subchapter, if an application is filed for the guardianship of the person or estate, or both, of a minor at least 12 years of age, the minor may select the guardian by a writing filed with the clerk, if the court finds that the selection is in the minor's best interest and approves the selection.
(b)  Notwithstanding any other provision of this subchapter, a minor at least 12 years of age may select another guardian of the minor's person or estate, or both, if the minor has a guardian appointed by the court, by will of the minor's parent, or by written declaration of the minor's parent, and that guardian dies, resigns, or is removed from guardianship.  The minor must make the selection by filing an application in open court in person or by an attorney.  The court shall make the appointment and revoke the letters of guardianship of the former guardian if the court is satisfied that:
(1)  the person selected is suitable and competent; and
(2)  the appointment of the person is in the minor's best interest.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter C. Selection of Guardian for Incapacitated Person Other Than Minor › Section 1104.101. Appointment According to Circumstances and Best Interests

Sec. 1104.101.  APPOINTMENT ACCORDING TO CIRCUMSTANCES AND BEST INTERESTS.  The court shall appoint a guardian for an incapacitated person other than a minor according to the circumstances and considering the incapacitated person's best interests.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter C. Selection of Guardian for Incapacitated Person Other Than Minor › Section 1104.102. Appointment Preferences

Sec. 1104.102.  APPOINTMENT PREFERENCES.  If the court finds that two or more eligible persons are equally entitled to be appointed guardian of an incapacitated person:
(1)  the incapacitated person's spouse is entitled to the guardianship in preference to any other person, if the spouse is one of the eligible persons;
(2)  the eligible person nearest of kin to the incapacitated person is entitled to the guardianship, if the incapacitated person's spouse is not one of the eligible persons; or
(3)  the court shall appoint the eligible person who is best qualified to serve as guardian if:
(A)  the persons entitled to serve under Subdivisions (1) and (2) refuse to serve;
(B)  two or more persons entitled to serve under Subdivision (2) are related in the same degree of kinship to the incapacitated person; or
(C)  neither the incapacitated person's spouse nor any person related to the incapacitated person is an eligible person.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter C. Selection of Guardian for Incapacitated Person Other Than Minor › Section 1104.103. Designation of Guardian by Will or Written Declaration

Sec. 1104.103.  DESIGNATION OF GUARDIAN BY WILL OR WRITTEN DECLARATION.  (a) The surviving parent of an adult individual who is an incapacitated person may, if the parent is the guardian of the person or estate of the adult individual, by will or written declaration appoint an eligible person to serve as guardian of the person or estate, as applicable, of the adult individual:
(1)  after the parent dies;
(2)  in the event the parent resigns as guardian of the person or estate; or
(3)  in the event of the parent's incapacity.
(a-1)  If the surviving parent is both the guardian of the person and estate of the adult individual, the surviving parent may by will or written declaration appoint different eligible persons to serve as guardian of the person and guardian of the estate.
(b)  After the surviving parent dies or resigns as guardian, or if the court finds the surviving parent has become an incapacitated person after being appointed the adult individual's guardian, the court shall appoint the person or persons designated in the will or declaration to serve as guardian of the person, guardian of the estate, or both, in preference to any other person otherwise entitled to serve as guardian under this title, unless the court finds that the person designated to serve as guardian:
(1)  is disqualified;
(2)  is deceased;
(3)  refuses to serve; or
(4)  would not serve the adult individual's best interests.
(c)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 31, eff. September 1, 2023.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 10, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 31, eff. September 1, 2023.
2023 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 D. Written Declaration by Certain Parents to Appoint Guardian for Their Children › Section 1104.151. Definitions

Sec. 1104.151.  DEFINITIONS.  In this subchapter:
(1)  "Declaration" means a written declaration of a person that:
(A)  appoints a guardian for the person's child under Section 1104.053(a) or 1104.103(a); and
(B)  satisfies the requirements of this subdivision and Sections 1104.152, 1104.153, 1104.154, 1104.156, 1104.159, and 1104.160.
(2)  "Self-proving affidavit" means an affidavit the form and content of which substantially comply with the requirements of Section 1104.153.
(3)  "Self-proving declaration" includes a self-proving affidavit that is attached or annexed to a declaration.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 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 D. Written Declaration by Certain Parents to Appoint Guardian for Their Children › Section 1104.152. Requirements for Declaration

Sec. 1104.152.  REQUIREMENTS FOR DECLARATION.  (a) A declaration appointing an eligible person to be guardian of the person of a parent's child under Section 1104.053(a) or 1104.103(a) must be signed by the declarant and be:
(1)  written wholly in the declarant's handwriting; or
(2)  attested to in the declarant's presence by at least two credible witnesses who are:
(A)  14 years of age or older; and
(B)  not named as guardian or alternate guardian in the declaration.
(b)  Notwithstanding Subsection (a), a declaration that is not written wholly in the declarant's handwriting may be signed by another person for the declarant under the direction of and in the presence of the declarant.
(c)  A declaration described by Subsection (a)(2) may have attached a self-proving affidavit signed by the declarant and the witnesses attesting to:
(1)  the competence of the declarant; and
(2)  the execution of the declaration.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 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 D. Written Declaration by Certain Parents to Appoint Guardian for Their Children › Section 1104.154. Alternative to Self-Proving Affidavit

Sec. 1104.154.  ALTERNATIVE TO SELF-PROVING AFFIDAVIT.  (a)  As an alternative to the self-proving affidavit authorized by Section 1104.153, a declaration of appointment of a guardian for the declarant's children in the event of the declarant's death or incapacity may be simultaneously executed, attested, and made self-proved by including the following in substantially the same form and with substantially the same contents:
I, _________________________, as declarant, after being duly sworn, declare to the undersigned witnesses and to the undersigned authority that this instrument is my Declaration of Appointment of Guardian for My Children in the Event of My Death or Incapacity, and that I willingly make and execute it for the purposes expressed in the declaration. I now sign this declaration in the presence of the attesting witnesses and the undersigned authority on this ____ day of ________, 20__.
___________________________
Declarant
The undersigned, _____________________ and ___________________, each being 14 years of age or older, after being duly sworn, declare to the declarant and to the undersigned authority that the declarant declared to us that this instrument is the declarant's Declaration of Appointment of Guardian for the Declarant's Children in the Event of Declarant's Death or Incapacity and that the declarant executed it for the purposes expressed in the declaration. The declarant then signed this declaration and we believe the declarant to be of sound mind. We now sign our names as attesting witnesses on this _____ day of ___________, 20___.
___________________________
Witness
___________________________
Witness
Subscribed and sworn to before me by the above named declarant, and affiants, this ____ day of __________________, 20__.
___________________________
Notary Public in and for the
State of Texas
My Commission expires:
___________________________
(b)  A declaration that is executed as provided by Subsection (a) is considered self-proved to the same extent a declaration executed with a self-proving affidavit under Section 1104.153 is considered self-proved.
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. 14, eff. September 1, 2015.
2023 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 D. Written Declaration by Certain Parents to Appoint Guardian for Their Children › Section 1104.155. Alternate Self-Proving of Declaration

Sec. 1104.155.  ALTERNATE SELF-PROVING OF DECLARATION.  At any time during the declarant's lifetime, a declaration described by Section 1104.152(a)(1) may be made self-proved in the same form and manner that a will written wholly in the testator's handwriting is made self-proved under Section 251.107.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 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 D. Written Declaration by Certain Parents to Appoint Guardian for Their Children › Section 1104.156. Filing of Declaration and Self-Proving Affidavit

Sec. 1104.156.  FILING OF DECLARATION AND SELF-PROVING AFFIDAVIT.  The declaration and any self-proving affidavit may be filed with the court at any time after the application for appointment of a guardian is filed and before a guardian is appointed.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 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 D. Written Declaration by Certain Parents to Appoint Guardian for Their Children › Section 1104.157. Proof of Declaration

Sec. 1104.157.  PROOF OF DECLARATION.  (a) The court may admit a declaration that is self-proved into evidence without the testimony of witnesses attesting to the competency of the declarant and the execution of the declaration.  Additional proof of the execution of the declaration with the formalities and solemnities and under the circumstances required to make it a valid declaration is not necessary.
(b)  A declaration described by Section 1104.152(a)(1) that is not self-proved may be proved in the same manner that a will written wholly in the testator's handwriting is proved under Section 256.154.
(c)  A declaration described by Section 1104.152(a)(2) that is not self-proved may be proved in the same manner that an attested written will produced in court is proved under Section 256.153.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 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 D. Written Declaration by Certain Parents to Appoint Guardian for Their Children › Section 1104.158. Prima Facie Evidence

Sec. 1104.158.  PRIMA FACIE EVIDENCE.  A properly executed and witnessed self-proving declaration, including a declaration and self-proving affidavit described by Section 1104.152(c), is prima facie evidence that:
(1)  the declarant was competent at the time the declarant executed the declaration; and
(2)  the guardian named in the declaration would serve the best interests 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.
2023 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 D. Written Declaration by Certain Parents to Appoint Guardian for Their Children › Section 1104.159. Revocation of Declaration

Sec. 1104.159.  REVOCATION OF DECLARATION.  The declarant may revoke a declaration in any manner provided for the revocation of a will under Section 253.002, including the subsequent re-execution of the declaration in the manner required for the original declaration.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.