reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1202 - Modification or Termination of Guardianship › Subchapter C. Representation of Ward in Proceeding for Complete Restoration of Ward's Capacity or Modification of Guardianship › Section 1202.101. Appointment of Attorney Ad Litem

Sec. 1202.101.  APPOINTMENT OF ATTORNEY AD LITEM.  (a)  Unless the ward retains an attorney under Section 1202.103, the court shall appoint an attorney ad litem to represent a ward in a proceeding for the complete restoration of the ward's capacity or for the modification of the ward's guardianship.  Unless otherwise provided by the court, the attorney ad litem shall represent the ward only for purposes of the restoration or modification proceeding.  The attorney ad litem shall represent the ward's interests, including the ward's expressed wishes.
(b)  The attorney ad litem has an attorney-client relationship with the ward the attorney ad litem is appointed to represent under this section.
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. 13, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1202 - Modification or Termination of Guardianship › Subchapter C. Representation of Ward in Proceeding for Complete Restoration of Ward's Capacity or Modification of Guardianship › Section 1202.102. Compensation for Attorney Ad Litem and Guardian Ad Litem

Sec. 1202.102.  COMPENSATION FOR ATTORNEY AD LITEM AND GUARDIAN AD LITEM.  (a)  An attorney ad litem appointed under Section 1202.101 is entitled to reasonable compensation for services in the amount set by the court to be taxed as costs in the proceeding, regardless of whether the proceeding results in the restoration of the ward's capacity or a modification of the ward's guardianship.
(b)  A guardian ad litem appointed in a proceeding involving the complete restoration of a ward's capacity or modification of a ward's guardianship is entitled to reasonable compensation, as provided by Section 1054.055(a), regardless of whether the proceeding results in the restoration of the ward's capacity or a modification of the ward's 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 F - Evaluation, Modification, or Termination of Guardianship › Chapter 1202 - Modification or Termination of Guardianship › Subchapter C. Representation of Ward in Proceeding for Complete Restoration of Ward's Capacity or Modification of Guardianship › Section 1202.103. Retention and Compensation of Attorney for Ward

Sec. 1202.103.  RETENTION AND COMPENSATION OF ATTORNEY FOR WARD.  (a)  A ward may retain an attorney for a proceeding involving the complete restoration of the ward's capacity or modification of the ward's guardianship.
(b)  The court may order that compensation for services provided by an attorney retained under this section be paid from funds in the ward's estate only if the court finds that the attorney had a good faith belief that the ward had the capacity necessary to retain the attorney's services.
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 F - Evaluation, Modification, or Termination of Guardianship › Chapter 1202 - Modification or Termination of Guardianship › Subchapter D. Hearing, Evidence, and Orders in Proceeding for Complete Restoration of Ward's Capacity or Modification of Guardianship › Section 1202.151. Evidence and Burden of Proof at Hearing

Sec. 1202.151.  EVIDENCE AND BURDEN OF PROOF AT HEARING.  (a)  Except as provided by Section 1202.201, at a hearing on an application filed under Section 1202.051, the court shall consider only evidence regarding the ward's mental or physical capacity at the time of the hearing that is relevant to the complete restoration of the ward's capacity or modification of the ward's guardianship, including whether:
(1)  the guardianship is necessary; and
(2)  specific powers or duties of the guardian should be limited if the ward receives supports and services.
(b)  The party who filed the application has the burden of proof at the hearing.
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. 684 (H.B. 2407), Sec. 2, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 17, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1202 - Modification or Termination of Guardianship › Subchapter D. Hearing, Evidence, and Orders in Proceeding for Complete Restoration of Ward's Capacity or Modification of Guardianship › Section 1202.1521. Letter or Certificate: Requirements if Alleged Incapacity Based on Intellectual Disability

Text of section as added by Acts 2023, 88th Leg., R.S., Ch. 938 (S.B. 1606), Sec. 3
For text of section as added by Acts 2023, 88th Leg., R.S., Ch. 939 (S.B. 1624), Sec. 16, see other Sec. 1202.1521.
Sec. 1202.1521.  LETTER OR CERTIFICATE:  REQUIREMENTS IF ALLEGED INCAPACITY BASED ON INTELLECTUAL DISABILITY.  (a)  If an intellectual disability is the basis of a ward's alleged incapacity, instead of the letter or certificate required under Section 1202.152(a), the court shall, subject to Subsection (c), consider a written letter or certificate the applicant presents from:
(1)  a physician licensed in this state; or
(2)  a psychologist licensed in this state or certified by the Health and Human Services Commission to perform the examination, in accordance with rules adopted by the executive commissioner of the commission governing examinations of that kind.
(b)  The letter or certificate must:
(1)  state, in the physician's or psychologist's opinion, whether the ward has the capacity, or sufficient capacity with supports and services, to do any of the activities listed in Section 1202.152(b)(1);
(2)  state how or in what manner the ward's ability to make or communicate reasonable decisions concerning himself or herself is affected by the ward's mental capacity;
(3)  include any other information required by the court; and
(4)  be dated within the period prescribed by Section 1202.152(a)(1) or (2).
(c)  The physician or psychologist who provides a letter or certificate under this section must preferably have experience examining individuals with an intellectual disability.  For purposes of this subsection, a physician or psychologist is considered to have experience examining individuals with an intellectual disability if the physician or psychologist has an established patient-provider relationship with the ward.
Added by Acts 2023, 88th Leg., R.S., Ch. 938 (S.B. 1606), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1202 - Modification or Termination of Guardianship › Subchapter D. Hearing, Evidence, and Orders in Proceeding for Complete Restoration of Ward's Capacity or Modification of Guardianship › Section 1202.1521. Physician's Letter or Certificate: Requirement if Alleged Incapacity Based on Intellectual Disability

Text of section as added by Acts 2023, 88th Leg., R.S., Ch. 939 (S.B. 1624), Sec. 16
For text of section as added by Acts 2023, 88th Leg., R.S., Ch. 938 (S.B. 1606), Sec. 3, see other Sec. 1202.1521.
Sec. 1202.1521.  PHYSICIAN'S LETTER OR CERTIFICATE: REQUIREMENT IF ALLEGED INCAPACITY BASED ON INTELLECTUAL DISABILITY.  If an intellectual disability is the basis of a ward's alleged incapacity, the written letter or certificate presented under Section 1202.152(a), instead of containing the information required by Section 1202.152(b), must:
(1)  state, in the physician's or psychologist's opinion, whether the ward has the capacity, or sufficient capacity with supports and services, to do any of the activities listed in Section 1202.152(b)(1);
(2)  state how or in what manner the ward's ability to make or communicate reasonable decisions concerning himself or herself is affected by the ward's mental capacity; and
(3)  include any other information required by the court.
Added by Acts 2023, 88th Leg., R.S., Ch. 939 (S.B. 1624), Sec. 16, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1202 - Modification or Termination of Guardianship › Subchapter D. Hearing, Evidence, and Orders in Proceeding for Complete Restoration of Ward's Capacity or Modification of Guardianship › Section 1202.153. Findings Required

Sec. 1202.153.  FINDINGS REQUIRED.  (a)  Before ordering the settlement and closing of a guardianship under an application filed under Section 1202.051, the court must find by a preponderance of the evidence that the ward is no longer partially or fully incapacitated.
(b)  Before granting additional powers to the guardian or requiring the guardian to perform additional duties under an application filed under Section 1202.051, the court must find by a preponderance of the evidence that the current nature and degree of the ward's incapacity warrants a modification of the guardianship and that some or all of the ward's rights need to be further restricted.
(c)  Before limiting the powers granted to or duties required to be performed by the guardian under an application filed under Section 1202.051, the court must find by a preponderance of the evidence that the current nature and degree of the ward's incapacity, with or without supports and services, warrants a modification of the guardianship and that some of the ward's rights need to be restored, with or without supports and services.
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. 19, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1202 - Modification or Termination of Guardianship › Subchapter D. Hearing, Evidence, and Orders in Proceeding for Complete Restoration of Ward's Capacity or Modification of Guardianship › Section 1202.154. General Requirements for Order

Sec. 1202.154.  GENERAL REQUIREMENTS FOR ORDER.  (a)  A court order entered with respect to an application filed under Section 1202.051 to completely restore a ward's capacity or modify a ward's guardianship must state:
(1)  the guardian's name;
(2)  the ward's name;
(3)  whether the type of guardianship being addressed at the proceeding is a:
(A)  guardianship of the person;
(B)  guardianship of the estate; or
(C)  guardianship of both the person and the estate; and
(4)  if applicable, any necessary supports and services for the restoration of the ward's capacity or modification of the guardianship.
(b)  In an order described by this section, the court may not grant a power to a guardian or require the guardian to perform a duty that is a power granted to or a duty required to be performed by another guardian.
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. 20, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1202 - Modification or Termination of Guardianship › Subchapter D. Hearing, Evidence, and Orders in Proceeding for Complete Restoration of Ward's Capacity or Modification of Guardianship › Section 1202.155. Additional Requirements for Order Restoring Ward's Capacity

Sec. 1202.155.  ADDITIONAL REQUIREMENTS FOR ORDER RESTORING WARD'S CAPACITY.  If the court finds that a ward is no longer an incapacitated person, the order completely restoring the ward's capacity must contain findings of fact and specify, in addition to the information required by Section 1202.154:
(1)  that the ward is no longer an incapacitated person;
(2)  that there is no further need for a guardianship of the person or estate of the ward;
(3)  that the guardian is required to:
(A)  immediately settle the guardianship in accordance with this title; and
(B)  deliver all of the remaining guardianship estate to the ward; and
(4)  that the clerk shall revoke letters of guardianship when the guardianship is finally settled and closed.
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. 938 (S.B. 1606), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1202 - Modification or Termination of Guardianship › Subchapter D. Hearing, Evidence, and Orders in Proceeding for Complete Restoration of Ward's Capacity or Modification of Guardianship › Section 1202.156. Additional Requirements for Order Modifying Guardianship

Sec. 1202.156.  ADDITIONAL REQUIREMENTS FOR ORDER MODIFYING GUARDIANSHIP.  If the court finds that a guardian's powers or duties should be expanded or limited, the order modifying the guardianship must contain findings of fact and specify, in addition to the information required by Section 1202.154:
(1)  the specific powers, limitations, or duties of the guardian with respect to the care of the ward or the management of the ward's property, as appropriate;
(2)  the specific areas of protection and assistance to be provided to the ward;
(3)  any limitation of the ward's rights;
(4)  if the ward's incapacity resulted from a mental condition, whether the ward retains the right to vote and make personal decisions regarding residence; and
(5)  that the clerk shall modify the letters of guardianship to the extent applicable to conform to the order.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 21, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1202 - Modification or Termination of Guardianship › Subchapter D. Hearing, Evidence, and Orders in Proceeding for Complete Restoration of Ward's Capacity or Modification of Guardianship › Section 1202.157. Additional Requirements for Order Dismissing Application

Sec. 1202.157.  ADDITIONAL REQUIREMENTS FOR ORDER DISMISSING APPLICATION.  If the court finds that a modification of the ward's guardianship is not necessary or that the ward's capacity has not been restored, the court shall dismiss the application and enter an order that contains findings of fact and specifies, in addition to the information required by Section 1202.154, that the guardian's powers, limitations, or duties with respect to the ward's care or the management of the ward's property remain unchanged.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1202 - Modification or Termination of Guardianship › Subchapter E. Restoration of Rights on Termination of Guardianship › Section 1202.201. Removal of Firearm Disability on Complete Restoration of Ward's Capacity

Sec. 1202.201.  REMOVAL OF FIREARM DISABILITY ON COMPLETE RESTORATION OF WARD'S CAPACITY.  (a)  A  person whose guardianship was terminated because the person's capacity was completely restored may file an application with the court that created the guardianship for an order requesting the removal of the person's disability to purchase a firearm imposed under 18 U.S.C. Section 922(g)(4).
(b)  At a proceeding involving the complete restoration of the ward's capacity under Subchapter B, the ward or a person interested in the ward's welfare may request an order seeking relief from a firearms disability described by Subsection (a).
(c)  In determining whether to grant the relief sought under Subsection (a) or (b), the court must hear and consider evidence about:
(1)  the circumstances that led to imposition of the firearms disability;
(2)  the person's mental history;
(3)  the person's criminal history; and
(4)  the person's reputation.
(d)  A court may not grant relief under this section unless the court makes and enters in the record the following affirmative findings:
(1)  the person or ward is no longer likely to act in a manner dangerous to public safety; and
(2)  removing the person's or ward's disability to purchase a firearm is in the public interest.
Added by Acts 2013, 83rd Leg., R.S., Ch. 684 (H.B. 2407), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter A. Resignation of Guardian › Section 1203.001. Resignation Application

Sec. 1203.001.  RESIGNATION APPLICATION.  A guardian of the estate or guardian of the person who wishes to resign the guardian's trust shall file a written application with the court clerk, accompanied by:
(1)  in the case of a guardian of the estate, a complete and verified exhibit and final account showing the true condition of the guardianship estate entrusted to the guardian's care; or
(2)  in the case of a guardian of the person, a verified report containing the information required in the annual report required under Subchapter C, Chapter 1163, showing the condition of the ward entrusted to the guardian's care.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter A. Resignation of Guardian › Section 1203.002. Immediate Acceptance of Resignation; Discharge and Release

Sec. 1203.002.  IMMEDIATE ACCEPTANCE OF RESIGNATION; DISCHARGE AND RELEASE.  (a)  If the necessity exists, the court may immediately accept the resignation of a guardian and appoint a successor guardian as provided by Section 1203.102(b).
(b)  The court may not discharge a person resigning as guardian of the estate whose resignation is accepted under Subsection (a), or release the person or the sureties on the person's bond, until a final order has been issued, or a final judgment has been rendered, on the final account required under Section 1203.001.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter A. Resignation of Guardian › Section 1203.003. Delivery of Estate Property to Successor Guardian Following Resignation

Sec. 1203.003.  DELIVERY OF ESTATE PROPERTY TO SUCCESSOR GUARDIAN FOLLOWING RESIGNATION.  The court at any time may order a resigning guardian who has any part of a ward's estate to deliver any part of the estate to a person who has been appointed and has qualified as successor guardian.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter A. Resignation of Guardian › Section 1203.004. Hearing Date; Citation

Sec. 1203.004.  HEARING DATE; CITATION.  (a)  When an application to resign as guardian is filed under Section 1203.001, supported by the exhibit and final account or report required under that section, the court clerk shall bring the application to the judge's attention and the judge shall set a date for a hearing on the matter.
(b)  After a hearing is set under Subsection (a), the clerk shall issue a citation to all interested persons, showing:
(1)  that an application that complies with Section 1203.001 has been filed; and
(2)  the time and place set for the hearing at which the interested persons may appear and contest the exhibit and final account or report supporting the application.
(c)  Unless the court directs that the citation under Subsection (b) be published, the citation must be posted.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter A. Resignation of Guardian › Section 1203.005. Hearing

Sec. 1203.005.  HEARING.  (a)  At the time set for the hearing under Section 1203.004, unless the court continues the hearing, and if the court finds that the citation required under that section has been properly issued and served, the court shall:
(1)  examine the exhibit and final account or report required by Section 1203.001;
(2)  hear all evidence for and against the exhibit, final account, or report; and
(3)  if necessary, restate and audit and settle the exhibit, final account, or report.
(b)  If the court is satisfied that the matters entrusted to the guardian applying to resign have been handled and accounted for in accordance with the law, the court shall:
(1)  enter an order approving the exhibit and final account or report; and
(2)  require that any estate property remaining in the applicant's possession be delivered to the person entitled by law to receive the property.
(c)  A guardian of the person shall comply with all court orders concerning the guardian's ward.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter A. Resignation of Guardian › Section 1203.006. Requirements for Discharge

Sec. 1203.006.  REQUIREMENTS FOR DISCHARGE.  (a)  A guardian applying to resign may not be discharged until:
(1)  the resignation application has been heard;
(2)  the exhibit and final account or report required under Section 1203.001 has been examined, settled, and approved; and
(3)  the applicant has satisfied the court that the applicant has:
(A)  delivered any estate property remaining in the applicant's possession; or
(B)  complied with all court orders relating to the applicant's trust as guardian.
(b)  When a guardian applying to resign has fully complied with the court orders, the court shall enter an order:
(1)  accepting the resignation; and
(2)  discharging the applicant and, if the applicant is under bond, the applicant's sureties.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter B. Removal and Reinstatement of Guardian › Section 1203.051. Removal Without Notice; Appointment of Guardian Ad Litem and Attorney Ad Litem

Sec. 1203.051.  REMOVAL WITHOUT NOTICE; APPOINTMENT OF GUARDIAN AD LITEM AND ATTORNEY AD LITEM.  (a)  The court, on the court's own motion or on the motion of an interested person, including the ward, and without notice, may remove a guardian appointed under this title who:
(1)  neglects to qualify in the manner and time required by law;
(2)  fails to return, not later than the 30th day after the date the guardian qualifies, an inventory of the guardianship estate property and a list of claims that have come to the guardian's knowledge, unless that deadline is extended by court order;
(3)  if required, fails to give a new bond within the period prescribed;
(4)  is absent from the state for a consecutive period of three or more months without the court's permission, or removes from the state;
(5)  cannot be served with notices or other processes because:
(A)  the guardian's whereabouts are unknown;
(B)  the guardian is eluding service; or
(C)  the guardian is a nonresident of this state who does not have a resident agent to accept service of process in any guardianship proceeding or other matter relating to the guardianship;
(6)  subject to Section 1203.056(a):
(A)  has misapplied, embezzled, or removed from the state, or is about to misapply, embezzle, or remove from the state, any of the property entrusted to the guardian's care; or
(B)  has engaged in conduct with respect to the ward that would be considered to be abuse, neglect, or exploitation, as those terms are defined by Section 48.002, Human Resources Code, if engaged in with respect to an elderly or disabled person, as defined by that section; or
(7)  has neglected to educate or maintain the ward as liberally as the means of the ward and the condition of the ward's estate permit.
(b)  In a proceeding to remove a guardian under Subsection (a)(6) or (7), the court shall appoint a guardian ad litem as provided by Subchapter B, Chapter 1054, and an attorney ad litem.  The attorney ad litem has the duties prescribed by Section 1054.004.  In the interest of judicial economy, the court may appoint the same person as guardian ad litem and attorney ad litem unless a conflict exists between the interests to be represented by the guardian ad litem and attorney ad litem.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.053, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter B. Removal and Reinstatement of Guardian › Section 1203.053. Removal Order

Sec. 1203.053.  REMOVAL ORDER.  An order removing a guardian shall:
(1)  state the cause of the removal;
(2)  require that, if the removed guardian has been personally served with citation, any letters of guardianship issued to the removed guardian be surrendered and that, regardless of whether the letters have been delivered, all the letters be canceled of record; and
(3)  require the removed guardian to:
(A)  deliver any estate property in the guardian's possession to the persons entitled to the property or to one who has been appointed and has qualified as successor guardian; and
(B)  relinquish control of the ward's person as required in the order.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter B. Removal and Reinstatement of Guardian › Section 1203.0531. Notice of Removal Order

Sec. 1203.0531.  NOTICE OF REMOVAL ORDER.  The court clerk shall issue notice of an order rendered by the court removing a guardian under Section 1203.051(a)(1), (2), (3), (4), (6), or (7).  The notice must:
(1)  state the names of the ward and the removed guardian;
(2)  state the date the court signed the order of removal;
(3)  contain the following statement printed in 12-point bold font:
"If you have been removed from serving as guardian under Section 1203.051(a)(6)(A) or (B), Estates Code, you have the right to contest the order of removal by filing an application with the court for a hearing under Section 1203.056, Estates Code, to determine whether you should be reinstated as guardian.  The application must be filed not later than the 30th day after the date the court signed the order of removal.";
(4)  contain as an attachment a copy of the order of removal; and
(5)  be personally served on the removed guardian not later than the seventh day after the date the court signed the order of removal.
Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.055, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter B. Removal and Reinstatement of Guardian › Section 1203.054. Discharge and Release Following Removal

Sec. 1203.054.  DISCHARGE AND RELEASE FOLLOWING REMOVAL.  With respect to a person who is removed as guardian of the estate and whose successor is appointed without citation or notice as provided by Section 1203.102(b), the court may not discharge the person or release the person or the sureties on the person's bond until a final order has been issued or final judgment has been rendered on the guardian's final account.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter B. Removal and Reinstatement of Guardian › Section 1203.055. Delivery of Estate Property to Successor Guardian Following Removal

Sec. 1203.055.  DELIVERY OF ESTATE PROPERTY TO SUCCESSOR GUARDIAN FOLLOWING REMOVAL.  The court at any time may order a person removed as guardian under this subchapter who has any part of a ward's estate to deliver any part of the estate to a person who has been appointed and has qualified as successor guardian.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter B. Removal and Reinstatement of Guardian › Section 1203.056. Removal and Reinstatement of Guardian Under Certain Circumstances

Sec. 1203.056.  REMOVAL AND REINSTATEMENT OF GUARDIAN UNDER CERTAIN CIRCUMSTANCES.  (a)  The court may remove a guardian under Section 1203.051(a)(6)(A) or (B) only on the presentation of clear and convincing evidence given under oath.
(b)  Not later than the 30th day after the date the court signs the order of removal, a guardian who is removed under Section 1203.051(a)(6)(A) or (B) may file an application with the court for a hearing to determine whether the guardian should be reinstated.
(c)  On the filing of an application under Subsection (b), the court clerk shall issue to the applicant, the ward, a person interested in the ward's welfare or estate, and, if applicable, a person who has control of the care and custody of the ward a notice stating:
(1)  that an application for reinstatement has been filed;
(2)  the name of the ward; and
(3)  the name of the applicant for reinstatement.
(d)  The notice required by Subsection (c) must cite all persons interested in the ward's welfare or estate to appear at the time and place stated in the notice if the persons wish to contest the application.
(e)  The court shall hold a hearing on an application for reinstatement under this section as soon as practicable after the application is filed, but not later than the 60th day after the date the court signed the order of removal.  If, at the conclusion of the hearing, the court is satisfied by a preponderance of the evidence that the applicant did not engage in the conduct that directly led to the applicant's removal, the court shall:
(1)  set aside any order appointing a successor guardian; and
(2)  enter an order reinstating the applicant as guardian of the ward or estate.
(f)  If the court sets aside the appointment of a successor guardian under this section, the court may require the successor guardian to prepare and file, under oath, an accounting of the estate and to detail the disposition the successor has made of the estate property.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.056, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter B. Removal and Reinstatement of Guardian › Section 1203.057. Removal of Joint Guardian

Sec. 1203.057.  REMOVAL OF JOINT GUARDIAN.  If a joint guardian is removed under Section 1203.052(a)(10), the other joint guardian is entitled to continue to serve as the sole guardian unless removed for a reason other than the dissolution of the joint guardians' marriage.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter C. Appointment of Successor Guardian; Revocation of Letters › Section 1203.101. Requirements for Revocation of Letters

Sec. 1203.101.  REQUIREMENTS FOR REVOCATION OF LETTERS.  Except as otherwise expressly provided by this title, letters of guardianship may be revoked only:
(1)  on application; and
(2)  after personal service of citation on the person whose letters are sought to be revoked requiring the person to appear and show cause why the application should not be granted.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter C. Appointment of Successor Guardian; Revocation of Letters › Section 1203.102. Appointment Because of Resignation, Removal, or Death; Hearing to Set Aside Immediate Appointment

Sec. 1203.102.  APPOINTMENT BECAUSE OF RESIGNATION, REMOVAL, OR DEATH; HEARING TO SET ASIDE IMMEDIATE APPOINTMENT.  (a)  If a guardian resigns, is removed, or dies, the court may appoint a successor guardian on application and on service of notice as directed by the court, except as provided by Subsection (b).  In the event the guardian of the person or of the estate of a ward dies, a personal representative of the deceased guardian, at the time and in the manner ordered by the court, shall account for, pay, and deliver all guardianship property entrusted to the representative's care to a person legally entitled to receive the property.
(b)  The court may appoint a successor guardian under this section without citation or notice if the court finds that a necessity exists for the immediate appointment.  Subject to an order of the court, a successor guardian has the rights and powers of the removed guardian.
(c)  The appointment of a successor guardian under Subsection (b) does not preclude an interested person from filing an application to be appointed guardian of the ward for whom the successor guardian was appointed.  The court shall hold a hearing on an application filed under the circumstances described by this subsection.  At the conclusion of the hearing, the court may set aside the appointment of the successor guardian and appoint the applicant as the ward's guardian if the applicant is not disqualified and after considering the requirements of Subchapter B or C, Chapter 1104, as applicable.
(d)  If the court sets aside the appointment of the successor guardian under this section, the court may require the successor guardian to prepare and file, under oath, an accounting of the estate and to detail the disposition the successor has made of the estate property.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.057, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.058, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter C. Appointment of Successor Guardian; Revocation of Letters › Section 1203.103. Appointment Because of Existence of Prior Right

Sec. 1203.103.  APPOINTMENT BECAUSE OF EXISTENCE OF PRIOR RIGHT.  If letters of guardianship have been granted to a person and another person applies for letters, the previously issued letters shall be revoked, and letters shall be granted to the subsequent applicant if that applicant:
(1)  is qualified;
(2)  has a prior right to be appointed successor guardian; and
(3)  has not waived that prior right.
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 F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter C. Appointment of Successor Guardian; Revocation of Letters › Section 1203.104. Appointment When Guardian Named in Will Becomes an Adult

Sec. 1203.104.  APPOINTMENT WHEN GUARDIAN NAMED IN WILL BECOMES AN ADULT.  (a)  A person named as guardian in a will who was not an adult when the will was probated is entitled to have letters of guardianship that were granted to another person revoked and appropriate letters granted to the named guardian on proof that the named guardian has become an adult and is not otherwise disqualified from serving as a guardian.
(b)  This subsection applies only if a will names two or more persons as guardian. A person named as a guardian in the will who was a minor when the will was probated may, on becoming an adult, qualify and receive letters of guardianship if:
(1)  letters have been issued to the named guardians in the will who are adults; and
(2)  the person is not otherwise disqualified from receiving letters.
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 F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter C. Appointment of Successor Guardian; Revocation of Letters › Section 1203.105. Appointment of Formerly Ill or Absent Guardian Named in Will

Sec. 1203.105.  APPOINTMENT OF FORMERLY ILL OR ABSENT GUARDIAN NAMED IN WILL.  (a)  This section applies only to a person named as guardian in a will who was ill or absent from the state when the testator died or the will was proved and, as a result, could not:
(1)  present the will for probate not later than the 30th day after the testator's death; or
(2)  accept and qualify as guardian not later than the 20th day after the date the will was probated.
(b)  A person to whom this section applies may accept and qualify as guardian not later than the 60th day after the date the person recovers from illness or returns to the state if proof is presented to the court that the person was ill or absent.
(c)  If a person accepts and qualifies as guardian under Subsection (b) and letters of guardianship have been issued to another person, the other person's letters shall be revoked.
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 F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter C. Appointment of Successor Guardian; Revocation of Letters › Section 1203.106. Appointment When Will Discovered After Grant of Letters

Sec. 1203.106.  APPOINTMENT WHEN WILL DISCOVERED AFTER GRANT OF LETTERS.  If, after letters of guardianship have been issued, it is discovered that the decedent left a lawful will, the letters shall be revoked and proper letters shall be issued to a person entitled to the letters.
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 F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter C. Appointment of Successor Guardian; Revocation of Letters › Section 1203.107. Appointment on Removal of Litigation Conflict

Sec. 1203.107.  APPOINTMENT ON REMOVAL OF LITIGATION CONFLICT.  The court may appoint as successor guardian a spouse, parent, or child of a proposed ward who was disqualified from serving as guardian because of a litigation conflict under Section 1104.354(1) on the removal of the conflict that caused the disqualification if the spouse, parent, or child is otherwise qualified to serve as 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 F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter C. Appointment of Successor Guardian; Revocation of Letters › Section 1203.108. Appointment of Department of Aging and Disability Services as Successor Guardian

Sec. 1203.108.  APPOINTMENT OF DEPARTMENT OF AGING AND DISABILITY SERVICES AS SUCCESSOR GUARDIAN.  (a)  In this section, "department" means the Department of Aging and Disability Services.
(b)  The court may appoint the department as a successor guardian of the person or estate, or both, of a ward who has been adjudicated as totally incapacitated if:
(1)  there is no less-restrictive alternative to continuation of the guardianship;
(2)  there is no family member or other suitable person, including a guardianship program, willing and able to serve as the ward's successor guardian;
(3)  the ward is located more than 100 miles from the court that created the guardianship;
(4)  the ward has private assets or access to government benefits to pay for the ward's needs;
(5)  the department is served with citation and a hearing is held regarding the department's appointment as proposed successor guardian; and
(6)  the appointment of the department does not violate a limitation imposed by Subsection (c).
(c)  The number of appointments under Subsection (b) is subject to an annual limit of 55.  The appointments must be distributed equally or as equally as possible among the health and human services regions of this state.  The department, at the department's discretion, may establish a different distribution scheme to promote the efficient use and administration of resources.
(d)  If the department is named as a proposed successor guardian in an application in which the department is not the applicant, citation must be issued and served on the department as provided by Section 1051.103(5).
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 F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter D. Successor Guardians for Wards of Guardianship Programs or Governmental Entities › Section 1203.151. Notice of Availability of Successor Guardian

Sec. 1203.151.  NOTICE OF AVAILABILITY OF SUCCESSOR GUARDIAN.  (a)  If a guardianship program or governmental entity serving as a guardian for a ward under this title becomes aware of a family member or friend of the ward, or any other interested person, who is willing and able to serve as the ward's successor guardian, the program or entity shall notify the court in which the guardianship is pending of the individual's willingness and ability to serve.
(b)  If, while serving as a guardian for a ward under this title, the Department of Aging and Disability Services becomes aware of a guardianship program or private professional guardian willing and able to serve as the ward's successor guardian, and the department is not aware of a family member or friend of the ward, or any other interested person, who is willing and able to serve in that capacity, the department shall notify the court in which the guardianship is pending of the guardianship program's or private professional guardian's willingness and ability to serve.
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 F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter D. Successor Guardians for Wards of Guardianship Programs or Governmental Entities › Section 1203.152. Determination of Proposed Successor Guardian's Qualification to Serve

Sec. 1203.152.  DETERMINATION OF PROPOSED SUCCESSOR GUARDIAN'S QUALIFICATION TO SERVE.  When the court is notified of the existence of a proposed successor guardian under Section 1203.151(a), or the court otherwise becomes aware of a family member, a friend, or any other interested person who is willing and able to serve as a successor guardian for a ward of a guardianship program or governmental entity, the court shall determine whether the proposed successor guardian is qualified to serve under this title as the ward's successor 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 F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter D. Successor Guardians for Wards of Guardianship Programs or Governmental Entities › Section 1203.153. Application to Appoint Successor Guardian

Sec. 1203.153.  APPLICATION TO APPOINT SUCCESSOR GUARDIAN.  (a)  If the court finds under Section 1203.152 that the proposed successor guardian for a ward is not disqualified from being appointed as the ward's successor guardian under Subchapter H, Chapter 1104, and that the appointment is in the ward's best interests, the guardianship program or governmental entity serving as the ward's guardian or the court, on the court's own motion, may file an application to appoint the individual as the ward's successor guardian.
(b)  Service of notice on an application filed under this section shall be made as directed by the court.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.