reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys › Subchapter B. Guardians Ad Litem › Section 1054.053. Term of Certain Appointments

Sec. 1054.053.  TERM OF CERTAIN APPOINTMENTS.  Unless the court determines that the continued appointment of a guardian ad litem appointed in a proceeding for the appointment of a guardian is in the ward's best interests, the guardian ad litem's term of appointment expires, without a court order, on the date the court:
(1)  appoints a guardian; or
(2)  denies the application for 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 C - Procedural Matters › Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys › Subchapter B. Guardians Ad Litem › Section 1054.054. Duties

Sec. 1054.054.  DUTIES.  (a)  A guardian ad litem is an officer of the court.
(b)  A guardian ad litem shall protect the incapacitated person whose interests the guardian has been appointed to represent in a manner that will enable the court to determine the action that will be in that person's best interests.
(c)  The guardian ad litem shall:
(1)  investigate whether a guardianship is necessary for the proposed ward; and
(2)  evaluate alternatives to guardianship and supports and services available to the proposed ward that would avoid the need for appointment of a guardian.
(d)  The information gathered by the guardian ad litem under Subsection (c) is subject to examination by the court.
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. 5, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys › Subchapter B. Guardians Ad Litem › Section 1054.055. Compensation and Expenses

Sec. 1054.055.  COMPENSATION AND EXPENSES.  (a)  A guardian ad litem is entitled to reasonable compensation for services provided in the amount set by the court, to be taxed as costs in the proceeding.
(b)  The fees and expenses of a guardian ad litem appointed under Section 1104.354(1) are costs of the litigation proceeding that made the appointment necessary.
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 C - Procedural Matters › Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys › Subchapter B. Guardians Ad Litem › Section 1054.056. Immunity

Sec. 1054.056.  IMMUNITY.  (a)  Subject to Subsection (b), a guardian ad litem appointed under this subchapter or Section 1102.001 or 1202.054 to represent the interests of an incapacitated person in a guardianship proceeding involving the creation, modification, or termination of a guardianship is not liable for civil damages arising from a recommendation made or an opinion given in the capacity of guardian ad litem.
(b)  This section does not apply to a recommendation or opinion that is:
(1)  wilfully wrongful;
(2)  given:
(A)  with conscious indifference to or reckless disregard for the safety of another;
(B)  with malice; or
(C)  in bad faith; or
(3)  grossly negligent.
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 C - Procedural Matters › Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys › Subchapter C. Court Visitors › Section 1054.101. Inapplicability of Subchapter to Certain Guardianships

Sec. 1054.101.  INAPPLICABILITY OF SUBCHAPTER TO CERTAIN GUARDIANSHIPS.  This subchapter does not apply to a guardianship created only because the appointment of a guardian for a person is necessary for the person to receive funds from a governmental source.
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 C - Procedural Matters › Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys › Subchapter C. Court Visitors › Section 1054.102. Operation of Court Visitor Program

Sec. 1054.102.  OPERATION OF COURT VISITOR PROGRAM.  (a)  Each statutory probate court shall operate a court visitor program to assess the conditions of wards and proposed wards.
(b)  A court, other than a statutory probate court, that has jurisdiction of a guardianship proceeding may operate a court visitor program in accordance with the population needs and financial abilities of the area the court serves.
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 C - Procedural Matters › Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys › Subchapter C. Court Visitors › Section 1054.103. Evaluation of Ward or Proposed Ward

Sec. 1054.103.  EVALUATION OF WARD OR PROPOSED WARD.  A court, at any time before a guardian is appointed for a proposed ward or during the pendency of a guardianship of the person or estate, may appoint a court visitor to evaluate the ward or proposed ward and provide a written report that substantially complies with Section 1054.104(b) on:
(1)  the request of any interested person, including the ward or proposed ward; or
(2)  the court's own motion.
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 C - Procedural Matters › Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys › Subchapter C. Court Visitors › Section 1054.104. Evaluation Report

Sec. 1054.104.  EVALUATION REPORT.  (a) A court visitor appointed under Section 1054.103 shall file the report on the evaluation of a ward or proposed ward not later than the 14th day after the date the court visitor conducts the evaluation.  The court visitor shall swear under penalty of perjury that the report is accurate to the best of the court visitor's knowledge and belief.
(b)  A court visitor's report must include:
(1)  a description of the nature and degree of the ward's or proposed ward's capacity and incapacity, including a description of the ward's or proposed ward's medical history, if reasonably available and not waived by the court;
(2)  a medical prognosis and list of the ward's or proposed ward's treating physicians, when appropriate;
(3)  a description of the ward's or proposed ward's living conditions and circumstances;
(4)  a description of the ward's or proposed ward's social, intellectual, physical, and educational conditions;
(5)  a statement that the court visitor has personally visited or observed the ward or proposed ward;
(6)  a statement of the date of the guardian's most recent visit, if a guardian has been appointed;
(7)  a recommendation as to any modification needed in the guardianship or proposed guardianship, including removal or denial of the guardianship; and
(8)  any other information required by the court.
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 C - Procedural Matters › Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys › Subchapter C. Court Visitors › Section 1054.105. Compensation

Sec. 1054.105.  COMPENSATION.  (a)  A court that operates a court visitor program shall use persons willing to serve as court visitors without compensation to the greatest extent possible.
(b)  A court visitor who has not expressed a willingness to serve without compensation is entitled to reasonable compensation for services provided in an amount set by the court, to be taxed as costs in the proceeding.
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 C - Procedural Matters › Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys › Subchapter D. Court Investigators › Section 1054.151. Investigation of Guardianship Application

Sec. 1054.151.  INVESTIGATION OF GUARDIANSHIP APPLICATION.  On the filing of an application for guardianship under Section 1101.001, a court investigator shall investigate the circumstances alleged in the application to determine whether a less restrictive alternative to guardianship is appropriate.
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 C - Procedural Matters › Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys › Subchapter D. Court Investigators › Section 1054.152. General Duties

Sec. 1054.152.  GENERAL DUTIES.  A court investigator shall:
(1)  supervise a court visitor program established under Subchapter C if the court for which the investigator is appointed operates that type of program and, in that capacity, shall serve as the chief court visitor;
(2)  investigate a complaint received from any person about a guardianship and report to the judge, if necessary; and
(3)  perform other duties as assigned by the judge or required by this title.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 414 (S.B. 1016), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys › Subchapter D. Court Investigators › Section 1054.153. Investigation Report

Sec. 1054.153.  INVESTIGATION REPORT.  (a)  A court investigator shall file with the court a report containing the court investigator's findings and conclusions after conducting an investigation under Section 1054.151 or 1054.152.
(b)  In a contested case, the court investigator shall provide copies of the report of the court investigator's findings and conclusions to the attorneys for the parties before the earlier of:
(1)  the seventh day after the date the court investigator completes the report; or
(2)  the 10th day before the date the trial is scheduled to begin.
(c)  Disclosure to a jury of the contents of a court investigator's report is subject to the Texas Rules of Evidence.
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 C - Procedural Matters › Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys › Subchapter D. Court Investigators › Section 1054.154. Effect of Subchapter on Other Law

Sec. 1054.154.  EFFECT OF SUBCHAPTER ON OTHER LAW.  Nothing in this subchapter supersedes any duty or obligation of another to report or investigate abuse or neglect under any statute of this state.
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 C - Procedural Matters › Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys › Subchapter D. Court Investigators › Section 1054.155. Notice Regarding Request to Financial Institution for Customer Records

Sec. 1054.155.  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 1054.151 or 1054.152, the court shall provide written notice of that fact to the ward or 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. 6, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys › Subchapter D. Court Investigators › Section 1054.156. Appointment of Court Investigator for Certain Courts

Sec. 1054.156.  APPOINTMENT OF COURT INVESTIGATOR FOR CERTAIN COURTS.  (a)  The judge of a court as defined by Section 1002.008(a)(1) or (2), other than a statutory probate court, may appoint a court investigator if the appointment is authorized by the commissioners court.
(b)  The commissioners court may authorize additional court investigators for a county if necessary.
(c)  The commissioners court shall set the salary of a court investigator.
(d)  The appointment of a court investigator by the judge of a statutory probate court is governed by Section 25.0025, Government Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 414 (S.B. 1016), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys › Subchapter D. Court Investigators › Section 1054.157. Required Training

Sec. 1054.157.  REQUIRED TRAINING.  At least once every two years, a court investigator and a court visitor shall complete two hours of training, including one hour of training on alternatives to guardianship and supports and services available to a proposed ward in accordance with Section 22.0133, Government Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 939 (S.B. 1624), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys › Subchapter E. Qualifications to Serve as Attorney › Section 1054.201. Certification Required

Sec. 1054.201.  CERTIFICATION REQUIRED.  (a)  Except as provided by Subsection (c), an attorney representing any person's interests in a guardianship proceeding, including an attorney ad litem, must be certified by the State Bar of Texas, or a person or other entity designated by the state bar, as having successfully completed a course of study in guardianship law and procedure sponsored by the state bar or the state bar's designee.
(b)  The State Bar of Texas shall require four hours of credit for certification under this subchapter, including one hour on alternatives to guardianship and supports and services available to proposed wards.
(c)  An attorney may commence representation of a person's interests and file an appearance in a guardianship proceeding before completing the course required for certification under Subsection (a), but must complete the course not later than the 14th day after the date of filing the appearance and before filing any substantive motion in 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 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 6, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 20, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 18, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys › Subchapter E. Qualifications to Serve as Attorney › Section 1054.202. Certificate Expiration

Sec. 1054.202.  CERTIFICATE EXPIRATION.  (a)  Except as provided by Subsection (b), a certificate issued under this subchapter expires on the second anniversary of the date the certificate is issued.
(b)  A new certificate obtained by a person to whom a certificate under this subchapter was previously issued expires on the fourth anniversary of the date the new certificate is issued if the person has been certified each of the four years immediately preceding the date the new certificate is issued.
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 C - Procedural Matters › Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys › Subchapter E. Qualifications to Serve as Attorney › Section 1054.203. Eligibility for Appointment on Expiration of Certificate

Sec. 1054.203.  ELIGIBILITY FOR APPOINTMENT ON EXPIRATION OF CERTIFICATE.  An attorney whose certificate issued under this subchapter has expired must obtain a new certificate to be eligible for appointment by a court to represent a person at a guardianship proceeding, including as an attorney ad litem.
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 C - Procedural Matters › Chapter 1055 - Trial and Hearing Matters › Subchapter A. Standing and Pleadings › Section 1055.001. Standing to Commence or Contest Proceeding

Sec. 1055.001.  STANDING TO COMMENCE OR CONTEST PROCEEDING.  (a)  Except as provided by Subsection (b), any person has the right to:
(1)  commence a guardianship proceeding, including a proceeding for complete restoration of a ward's capacity or modification of a ward's guardianship; or
(2)  appear and contest a guardianship proceeding or the appointment of a particular person as guardian.
(b)  A person who has an interest that is adverse to a proposed ward or incapacitated person may not:
(1)  file an application to create a guardianship for the proposed ward or incapacitated person;
(2)  contest the creation of a guardianship for the proposed ward or incapacitated person;
(3)  contest the appointment of a person as a guardian of the proposed ward or incapacitated person; or
(4)  contest an application for complete restoration of a ward's capacity or modification of a ward's guardianship.
(c)  The court shall determine by motion in limine the standing of a person who has an interest that is adverse to a proposed 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 C - Procedural Matters › Chapter 1055 - Trial and Hearing Matters › Subchapter A. Standing and Pleadings › Section 1055.002. Defect in Pleading

Sec. 1055.002.  DEFECT IN PLEADING.  A court may not invalidate a pleading in a guardianship proceeding, or an order based on the pleading, on the basis of a defect of form or substance in the pleading unless a timely objection has been made against the defect and the defect has been called to the attention of the court in which the proceeding was or is pending.
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. 6.031, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1055 - Trial and Hearing Matters › Subchapter A. Standing and Pleadings › Section 1055.003. Intervention by Interested Person

Sec. 1055.003.  INTERVENTION BY INTERESTED PERSON.  (a)  Notwithstanding the Texas Rules of Civil Procedure and except as provided by Subsection (d), an interested person may intervene in a guardianship proceeding only by filing a timely motion to intervene that is served on the parties.
(b)  The motion must state the grounds for intervention in the proceeding and be accompanied by a pleading that sets out the purpose for which intervention is sought.
(c)  The court has the discretion to grant or deny the motion and, in exercising that discretion, must consider whether:
(1)  the intervention will unduly delay or prejudice the adjudication of the original parties' rights; or
(2)  the proposed intervenor has such an adverse relationship with the ward or proposed ward that the intervention would unduly prejudice the adjudication of the original parties' rights.
(d)  A person who is entitled to receive notice under Section 1051.104 is not required to file a motion under this section to intervene in a guardianship proceeding.
Added by Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 7, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1055 - Trial and Hearing Matters › Subchapter B. Trial and Hearing › Section 1055.051. Hearing by Submission

Sec. 1055.051.  HEARING BY SUBMISSION.  (a)  A court may consider by submission a motion or application filed under this title unless the proceeding is:
(1)  contested; or
(2)  an application for the appointment of a guardian.
(b)  The party seeking relief under a motion or application being considered by the court on submission has the burden of proof at the hearing.
(c)  The court may consider a person's failure to file a response to a motion or application that may be considered on submission as a representation that the person does not oppose the motion or application.
(d)  A person's request for oral argument is not a response to a motion or application under this section.
(e)  The court, on the court's own motion, may order oral argument on a motion or application that may be considered by submission.
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 C - Procedural Matters › Chapter 1055 - Trial and Hearing Matters › Subchapter B. Trial and Hearing › Section 1055.052. Trial by Jury

Sec. 1055.052.  TRIAL BY JURY.  A party in a contested guardianship proceeding is entitled to a jury trial on request.
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 C - Procedural Matters › Chapter 1055 - Trial and Hearing Matters › Subchapter B. Trial and Hearing › Section 1055.053. Location of Hearing

Sec. 1055.053.  LOCATION OF HEARING.  (a)  Except as provided by Subsection (b), the judge may hold a hearing on a guardianship proceeding involving an adult ward or adult proposed ward at any suitable location in the county in which the guardianship proceeding is pending.  The hearing should be held in a physical setting that is not likely to have a harmful effect on the ward or proposed ward.
(b)  On the request of the adult proposed ward, the adult ward, or the attorney of the proposed ward or ward, the hearing may not be held under the authority of this section at a place other than the courthouse.
Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.032, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1055 - Trial and Hearing Matters › Subchapter C. Evidence › Section 1055.101. Applicability of Certain Rules Relating to Witnesses and Evidence

Sec. 1055.101.  APPLICABILITY OF CERTAIN RULES RELATING TO WITNESSES AND EVIDENCE.  The rules relating to witnesses and evidence that apply in the district court apply in a guardianship proceeding to the extent practicable.
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 C - Procedural Matters › Chapter 1055 - Trial and Hearing Matters › Subchapter C. Evidence › Section 1055.102. Use of Certain Records as Evidence

Sec. 1055.102.  USE OF CERTAIN RECORDS AS EVIDENCE.  The following are admissible as evidence in any court of this state:
(1)  record books described by Sections 1052.001, 1052.002, and 1052.003 and individual case files described by Section 1052.052, including records maintained in a manner allowed under Section 1052.004; and
(2)  certified copies or reproductions of the records.
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 C - Procedural Matters › Chapter 1055 - Trial and Hearing Matters › Subchapter D. Mediation › Section 1055.151. Mediation of Contested Guardianship Proceeding

Sec. 1055.151.  MEDIATION OF CONTESTED GUARDIANSHIP PROCEEDING.  (a)  Subject to Subsection (b), on the written agreement of the parties or on the court's own motion, the court may refer a contested guardianship proceeding to mediation.
(b)  If the court refers to mediation a proceeding under Subsection (a) regarding the appointment of a guardian for a proposed ward:
(1)  a determination of incapacity of the proposed ward may be an issue to be mediated, but the applicant for guardianship must still prove to the court that the proposed ward is an incapacitated person in accordance with the requirements of Chapter 1101; and
(2)  all parties to the proceeding shall evaluate during the mediation alternatives to guardianship and supports and services available to the proposed ward, including whether the supports and services and alternatives to guardianship would be feasible to avoid the need for appointment of a guardian.
(c)  The cost of mediation shall be paid by the parties to the proceeding unless otherwise ordered by the court.  If the parties are unable to pay the cost of mediation, the court may refer the parties to a local alternative dispute resolution center providing services as part of a system for resolution of disputes established under Section 152.002, Civil Practice and Remedies Code, if a system has been established in the county, and the local center may waive mediation costs as appropriate.
Added by Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 7, eff. January 1, 2014.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 382 (S.B. 1129), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1055 - Trial and Hearing Matters › Subchapter D. Mediation › Section 1055.152. Mediated Settlement Agreements

Sec. 1055.152.  MEDIATED SETTLEMENT AGREEMENTS.  (a)  A mediated settlement agreement is binding on the parties if the agreement:
(1)  provides, in a prominently displayed statement that is in boldfaced type, in capital letters, or underlined, that the agreement is not subject to revocation by the parties;
(2)  is signed by each party to the agreement; and
(3)  is signed by the party's attorney, if any, who is present at the time the agreement is signed.
(b)  If a mediated settlement agreement meets the requirements of this section, a party is entitled to judgment on the mediated settlement agreement notwithstanding Rule 11, Texas Rules of Civil Procedure, or another rule or law.
(c)  Notwithstanding Subsections (a) and (b), a court may decline to enter a judgment on a mediated settlement agreement if the court finds that the agreement is not in the ward's or proposed ward's best interests.
Added by Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 7, eff. January 1, 2014.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 382 (S.B. 1129), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1056 - Execution, Attachment, and Bill of Review › Subchapter A. Execution › Section 1056.001. Executions in Guardianship Proceedings

Sec. 1056.001.  EXECUTIONS IN GUARDIANSHIP PROCEEDINGS.  (a)  An execution in a guardianship proceeding must be:
(1)  directed "to any sheriff or any constable within the State of Texas";
(2)  attested and signed by the clerk officially under court seal; and
(3)  made returnable in 60 days.
(b)  A proceeding under an execution in a guardianship proceeding is governed, to the extent applicable, by the laws regulating a proceeding under an execution issued by a district court.
(c)  Notwithstanding Subsection (a), an execution directed to the sheriff or a constable of a specific county in this state may not be held defective if properly executed within that county by the sheriff or constable to whom the execution is directed.
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. 6.033, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.034, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1056 - Execution, Attachment, and Bill of Review › Subchapter B. Attachment of Estate Property › Section 1056.051. Order for Issuance of Writ of Attachment

Sec. 1056.051.  ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT.  (a)  If a person interested in the estate of an incapacitated person files with the judge a written complaint made under oath alleging that the guardian is about to remove the estate or a part of the estate outside of the state, the judge may order a writ of attachment to issue, directed "to any sheriff or any constable within the State of Texas."  The writ must order the sheriff or constable to:
(1)  seize the estate or a part of the estate; and
(2)  hold that property subject to further court order.
(b)  Notwithstanding Subsection (a), a writ of attachment directed to the sheriff or constable of a specific county in this state is not defective if the writ was properly executed within that county by the sheriff or constable to whom the writ is directed.
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 C - Procedural Matters › Chapter 1056 - Execution, Attachment, and Bill of Review › Subchapter B. Attachment of Estate Property › Section 1056.052. Bond

Sec. 1056.052.  BOND.  Before a judge may issue a writ of attachment ordered under Section 1056.051, the complainant must execute a bond that is:
(1)  payable to the guardian of the estate;
(2)  in an amount set by the judge; and
(3)  conditioned on the payment of all damages and costs that are recovered for a wrongful suit out of the writ.
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 C - Procedural Matters › Chapter 1056 - Execution, Attachment, and Bill of Review › Subchapter C. Bill of Review › Section 1056.101. Revision and Correction of Order or Judgment in Guardianship Proceeding

Sec. 1056.101.  REVISION AND CORRECTION OF ORDER OR JUDGMENT IN GUARDIANSHIP PROCEEDING.  (a)  An interested person, including a ward, may, by a bill of review filed in the court in which the guardianship proceeding was held, have an order or judgment rendered by the court revised and corrected on a showing of error in the order or judgment.
(b)  Except as provided by Subsection (c), a bill of review to revise and correct an order or judgment may not be filed more than two years after the date of the order or judgment.
(c)  A bill of review to revise and correct an order or judgment filed by a person whose disability has been removed must be filed not later than the second anniversary of the date the person's disability was removed.
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 C - Procedural Matters › Chapter 1056 - Execution, Attachment, and Bill of Review › Subchapter C. Bill of Review › Section 1056.102. Injunction

Sec. 1056.102.  INJUNCTION.  A process or action under a court order or judgment subject to a bill of review filed under Section 1056.101 may be stayed only by writ of injunction.
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 C - Procedural Matters › Chapter 1057 - Change and Resignation of Resident Agent of Guardian for Service of Process › Section 1057.001. Change of Resident Agent

Sec. 1057.001.  CHANGE OF RESIDENT AGENT.  (a)  A guardian may change the guardian's resident agent to accept service of process in a guardianship proceeding or other matter relating to the  guardianship by filing with the court in which the guardianship proceeding is pending a statement titled "Designation of Successor Resident Agent" that states the names and addresses of:
(1)  the guardian;
(2)  the resident agent; and
(3)  the successor resident agent.
(b)  The designation of a successor resident agent takes effect on the date the statement is filed with the court.
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 C - Procedural Matters › Chapter 1057 - Change and Resignation of Resident Agent of Guardian for Service of Process › Section 1057.002. Resignation of Resident Agent

Sec. 1057.002.  RESIGNATION OF RESIDENT AGENT.  (a)  A resident agent of a guardian may resign as resident agent by giving notice to the guardian and filing with the court in which the guardianship proceeding is pending a statement titled "Resignation of Resident Agent" that states:
(1)  the name of the guardian;
(2)  the guardian's address most recently known by the resident agent;
(3)  that notice of the resignation has been given to the guardian and the date that notice was given; and
(4)  that the guardian does not have a resident agent.
(b)  The resident agent shall send, by a qualified delivery method, a copy of a resignation statement filed under Subsection (a) to:
(1)  the guardian at the address most recently known by the resident agent; and
(2)  each party in the case or the party's attorney or other designated representative of record.
(c)  The resignation of the resident agent takes effect on the date the court enters an order accepting the resignation.  A court may not enter an order accepting the resignation unless the resident agent complies with 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. 123 (H.B. 785), Sec. 9, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 9, 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 A. Initiation of Proceeding for Appointment of Guardian › Section 1101.002. Contents of Application; Confidentiality of Certain Addresses

Sec. 1101.002.  CONTENTS OF APPLICATION; CONFIDENTIALITY OF CERTAIN ADDRESSES.  An application filed under Section 1101.001 may omit the address of a person named in the application if:
(1)  the application states that the person is or was protected by a protective order issued under Chapter 85, Family Code;
(2)  a copy of the protective order is attached to the application as an exhibit;
(3)  the application states the county in which the person resides;
(4)  the application indicates the place where notice to or the issuance and service of citation on the person may be made or sent; and
(5)  the application is accompanied by a request for an order under Section 1051.201 specifying the manner of issuance, service, and return of citation or notice on the person.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Added by Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 8, eff. January 1, 2014.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 8, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1101 - General Procedure to Appoint Guardian › Subchapter A. Initiation of Proceeding for Appointment of Guardian › Section 1101.003. Affidavit Containing Contact Information of Certain Persons

Sec. 1101.003.  AFFIDAVIT CONTAINING CONTACT INFORMATION OF CERTAIN PERSONS.  (a)  Within the time prescribed by the court, a person who files an application under Section 1101.001 shall file an affidavit with the court that states the name, address, telephone number, e-mail address, and other contact information if known by the applicant for each person entitled to notice under Section 1051.104(a).
(b)  An affidavit filed under this section is privileged and confidential.  The affidavit may not be released or otherwise disclosed to the public.
(c)  On qualification of a guardian, the court shall provide a copy of the affidavit filed under this section to the guardian if the guardian is not the person who filed the affidavit.
Added by Acts 2023, 88th Leg., R.S., Ch. 116 (H.B. 266), Sec. 1, 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 B. Hearing; Jury Trial › Section 1101.051. Hearing

Sec. 1101.051.  HEARING.  (a)  At a hearing for the appointment of a guardian, the court shall:
(1)  inquire into the ability of any allegedly incapacitated adult to:
(A)  feed, clothe, and shelter himself or herself;
(B)  care for his or her own physical health; and
(C)  manage his or her property or financial affairs;
(2)  ascertain the age of any proposed ward who is a minor;
(3)  inquire into the governmental reports for any person who must have a guardian appointed to receive funds due the person from any governmental source; and
(4)  inquire into the qualifications, abilities, and capabilities of the person seeking to be appointed guardian.
(b)  A proposed ward must be present at the hearing unless the court, on the record or in the order, determines that a personal appearance is not necessary.
(c)  The court may close the hearing at the request of the proposed ward or the proposed ward's counsel.
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 B. Hearing; Jury Trial › Section 1101.052. Jury Trial

Sec. 1101.052.  JURY TRIAL.  A proposed ward is entitled to a jury trial on request.
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 B. Hearing; Jury Trial › Section 1101.053. Provision of Records Required; Use of Records

Sec. 1101.053.  PROVISION OF RECORDS REQUIRED; USE OF RECORDS.  (a) Before a hearing may be held for the appointment of a guardian, current and relevant medical, psychological, and intellectual testing records of the proposed ward must be provided to the attorney ad litem appointed to represent the proposed ward unless:
(1)  the proposed ward is a minor or a person who must have a guardian appointed to receive funds due the person from any governmental source; or
(2)  the court makes a finding on the record that:
(A)  current or relevant records do not exist; and
(B)  examining the proposed ward for the purpose of creating the records is impractical.
(b)  Current medical, psychological, and intellectual testing records are a sufficient basis for a determination of guardianship.
(c)  The findings and recommendations contained in the medical, psychological, and intellectual testing records are not binding on the court.
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 1101.100. Definitions

Sec. 1101.100.  DEFINITIONS.  In this subchapter:
(1)  "Advanced practice registered nurse" has the meaning assigned by Section 301.152, Occupations Code.
(2)  "Physician" means an individual licensed by the Texas Medical Board to practice medicine in this state.
Added by Acts 2023, 88th Leg., R.S., Ch. 1012 (H.B. 3009), Sec. 1, 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 1101.101. Findings and Proof Required

Sec. 1101.101.  FINDINGS AND PROOF REQUIRED.  (a)  Before appointing a guardian for a proposed ward, the court must:
(1)  find by clear and convincing evidence that:
(A)  the proposed ward is an incapacitated person;
(B)  it is in the proposed ward's best interest to have the court appoint a person as the proposed ward's guardian;
(C)  the proposed ward's rights or property will be protected by the appointment of a guardian;
(D)  alternatives to guardianship that would avoid the need for the appointment of a guardian have been considered and determined not to be feasible; and
(E)  supports and services available to the proposed ward that would avoid the need for the appointment of a guardian have been considered and determined not to be feasible; and
(2)  find by a preponderance of the evidence that:
(A)  the court has venue of the case;
(B)  the person to be appointed guardian is eligible to act as guardian and is entitled to appointment, or, if no eligible person entitled to appointment applies, the person appointed is a proper person to act as guardian;
(C)  if a guardian is appointed for a minor, the guardianship is not created for the primary purpose of enabling the minor to establish residency for enrollment in a school or school district for which the minor is not otherwise eligible for enrollment; and
(D)  the proposed ward:
(i)  is totally without capacity as provided by this title to care for himself or herself and to manage his or her property; or
(ii)  lacks the capacity to do some, but not all, of the tasks necessary to care for himself or herself or to manage his or her property.
(b)  The court may not grant an application to create a guardianship unless the applicant proves each element required by this title.
(c)  A finding under Subsection (a)(2)(D)(ii) must specifically state whether the proposed ward lacks the capacity, or lacks sufficient capacity with supports and services, to make personal decisions regarding residence, voting, operating a motor vehicle, and marriage.
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. 8, 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 C. Determination of Necessity of Guardianship; Findings and Proof › Section 1101.1011. Limitation on Acts by Advanced Practice Registered Nurse

Sec. 1101.1011.  LIMITATION ON ACTS BY ADVANCED PRACTICE REGISTERED NURSE.  An advanced practice registered nurse may act under this subchapter only if the advanced practice registered nurse is acting under a physician's delegation authority and supervision in accordance with Chapter 157, Occupations Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 1012 (H.B. 3009), Sec. 1, 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 1101.102. Determination of Incapacity of Certain Adults: Recurring Acts or Occurrences

Sec. 1101.102.  DETERMINATION OF INCAPACITY OF CERTAIN ADULTS: RECURRING ACTS OR OCCURRENCES.  A determination of incapacity of an adult proposed ward, other than a person who must have a guardian appointed to receive funds due the person from any governmental source, must be evidenced by recurring acts or occurrences in the preceding six months and not by isolated instances of negligence or bad judgment.
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 1101.104. Examinations and Documentation Regarding Intellectual Disability

Text of section as amended by Acts 2023, 88th Leg., R.S., Ch. 938 (S.B. 1606), Sec. 1
For text of section as amended by Acts 2023, 88th Leg., R.S., Ch. 1012 (H.B. 3009), Sec. 3, 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 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 physician's or psychologist's written findings and recommendations include a determination of an intellectual disability; or
(B)  a physician or 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 psychologist licensed in this state or certified by the commission.
(b)  A physician or psychologist described by Subsection (a)(2)(A) 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 proposed ward.
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. 938 (S.B. 1606), Sec. 1, eff. September 1, 2023.