reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1051 - Notices and Process in Guardianship Proceedings in General › Subchapter B. Methods of Serving Citation or Notice; Persons to Be Served › Section 1051.055. Service on Party's Attorney of Record

Sec. 1051.055.  SERVICE ON PARTY'S ATTORNEY OF RECORD.  (a)  If a party is represented by an attorney of record in a guardianship proceeding, including a proposed ward who has been personally served with notice of the proceeding and is represented by an attorney ad litem, a citation or notice required to be served on the party shall be served instead on that attorney.
(b)  A notice served on an attorney under this section may be served by delivery to the attorney in person or by a qualified delivery method.
(c)  A notice or citation may be served on an attorney under this section by:
(1)  another party to the proceeding;
(2)  the attorney of record for another party to the proceeding;
(3)  an appropriate sheriff or constable; or
(4)  another person competent to testify.
(d)  Each of the following is prima facie evidence of the fact that service has been made under this section:
(1)  the written statement of an attorney of record showing service;
(2)  the return of the officer showing service; and
(3)  the affidavit of a person showing service.
(e)  Except as provided by Section 1051.105, an attorney ad litem may not waive personal service of citation.
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. 5, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1051 - Notices and Process in Guardianship Proceedings in General › Subchapter B. Methods of Serving Citation or Notice; Persons to Be Served › Section 1051.056. Service on Guardian or Receiver

Sec. 1051.056.  SERVICE ON GUARDIAN OR RECEIVER.  Unless this title expressly provides for another method of service, the county clerk who issues a citation or notice required to be served on a guardian or receiver shall serve the citation or notice by sending the original citation or notice by a qualified delivery method to:
(1)  the guardian's or receiver's attorney of record; or
(2)  the guardian or receiver, if the guardian or receiver does not have an attorney of record.
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. 6, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1051 - Notices and Process in Guardianship Proceedings in General › Subchapter C. Notice and Citation Required for Application for Guardianship › Section 1051.101. Notice Required for Application for Guardianship; Citation of Applicant Not Required

Sec. 1051.101.  NOTICE REQUIRED FOR APPLICATION FOR GUARDIANSHIP; CITATION OF APPLICANT NOT REQUIRED. (a) On the filing of an application for guardianship, notice shall be issued and served as provided by this subchapter.
(b)  It is not necessary to serve a citation on a person who files an application for the creation of a guardianship under this title or for that person to waive the issuance and personal service of citation under this subchapter.
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 1051 - Notices and Process in Guardianship Proceedings in General › Subchapter C. Notice and Citation Required for Application for Guardianship › Section 1051.102. Issuance of Citation for Application for Guardianship

Sec. 1051.102.  ISSUANCE OF CITATION FOR APPLICATION FOR GUARDIANSHIP. (a) On the filing of an application for guardianship, the court clerk shall issue a citation stating:
(1)  that the application was filed;
(2)  the name of the proposed ward;
(3)  the name of the applicant; and
(4)  the name of the person to be appointed guardian as provided in the application, if that person is not the applicant.
(b)  The citation must cite all persons interested in the welfare of the proposed ward to appear at the time and place stated in the notice if the persons wish to contest the application.
(c)  The citation shall be posted.
(d)  The citation must contain a clear and conspicuous statement informing those interested persons of the right provided under Section 1051.252 to be notified of any or all motions, applications, or pleadings relating to the application for the guardianship or any subsequent guardianship proceeding involving the ward after the guardianship is created, if any.
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. 6.017, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1051 - Notices and Process in Guardianship Proceedings in General › Subchapter C. Notice and Citation Required for Application for Guardianship › Section 1051.103. Service of Citation for Application for Guardianship

Sec. 1051.103.  SERVICE OF CITATION FOR APPLICATION FOR GUARDIANSHIP.  (a)  The sheriff or other officer shall personally serve citation to appear and answer an application for guardianship on:
(1)  a proposed ward who is 12 years of age or older;
(2)  the proposed ward's parents, if the whereabouts of the parents are known or can be reasonably ascertained;
(3)  any court-appointed conservator or person having control of the care and welfare of the proposed ward;
(4)  the proposed ward's spouse, if the whereabouts of the spouse are known or can be reasonably ascertained; and
(5)  the person named in the application to be appointed guardian, if that person is not the applicant.
(b)  A citation served as provided by Subsection (a) must contain the statement regarding the right under Section 1051.252 that is required in the citation issued under Section 1051.102.
(c)  A citation served as provided by Subsection (a) to a relative of the proposed ward described by Subsection (a)(2) or (4) must contain a statement notifying the relative that, if a guardianship is created for the proposed ward, the relative must elect in writing in order to receive notice about the ward under Section 1151.056.
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. 6.018, eff. January 1, 2014.
Acts 2017, 85th Leg., R.S., Ch. 1125 (S.B. 1709), Sec. 1, eff. June 15, 2017.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1051 - Notices and Process in Guardianship Proceedings in General › Subchapter C. Notice and Citation Required for Application for Guardianship › Section 1051.105. Waiver of Notice of Application for Guardianship

Sec. 1051.105.  WAIVER OF NOTICE OF APPLICATION FOR GUARDIANSHIP.  A person other than the proposed ward who is entitled to receive notice or personal service of citation under Sections 1051.103 and 1051.104(a) may, by writing filed with the clerk, waive the receipt of notice or the issuance and personal service of citation either in person or through 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 1051 - Notices and Process in Guardianship Proceedings in General › Subchapter C. Notice and Citation Required for Application for Guardianship › Section 1051.106. Action by Court on Application for Guardianship

Sec. 1051.106.  ACTION BY COURT ON APPLICATION FOR GUARDIANSHIP. The court may not act on an application for the creation of a guardianship until the applicant has complied with Section 1051.104(b) and not earlier than the Monday following the expiration of the 10-day period beginning on the date service of notice and citation has been made as provided by Sections 1051.102, 1051.103, and 1051.104(a)(1).
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 1051 - Notices and Process in Guardianship Proceedings in General › Subchapter D. Return and Proof of Service of Citation or Notice › Section 1051.151. Requirements for Return on Citation or Notice Served by Personal Service

Sec. 1051.151.  REQUIREMENTS FOR RETURN ON CITATION OR NOTICE SERVED BY PERSONAL SERVICE.  The return of the person serving a citation or notice under Section 1051.051 must:
(1)  be endorsed on or attached to the citation or notice;
(2)  state the date and place of service;
(3)  certify that a copy of the citation or notice was delivered to the person directed to be served;
(4)  be subscribed and sworn to before, and under the hand and official seal of, an officer authorized by the laws of this state to take an affidavit; and
(5)  be returned to the county clerk who issued the citation or notice.
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 1051 - Notices and Process in Guardianship Proceedings in General › Subchapter D. Return and Proof of Service of Citation or Notice › Section 1051.152. Validity of Service and Return on Citation or Notice Served by Posting

Sec. 1051.152.  VALIDITY OF SERVICE AND RETURN ON CITATION OR NOTICE SERVED BY POSTING.  (a)  A citation or notice in a guardianship proceeding that is required to be served by posting and is issued in conformity with this title, and the service of and return of the citation or notice, is valid if:
(1)  a sheriff or constable posts a copy of the citation or notice at the location or locations prescribed by this title; and
(2)  the posting occurs on a day preceding the return day of service specified in the citation or notice that provides sufficient time for the period the citation or notice must be posted to expire before the specified return day.
(b)  The fact that the sheriff or constable, as applicable, makes the return of service on the citation or notice described by Subsection (a) and returns the citation or notice on which the return has been made to the court before the expiration of the period the citation or notice must be posted does not affect the validity of the citation or notice or the service or return of service.  This subsection applies even if the sheriff or constable makes the return of service and returns the citation or notice to the court on the same day the citation or notice is issued.
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. 6.020, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1051 - Notices and Process in Guardianship Proceedings in General › Subchapter D. Return and Proof of Service of Citation or Notice › Section 1051.153. Proof of Service

Sec. 1051.153.  PROOF OF SERVICE.  (a)  Proof of service in each case requiring citation or notice must be filed before a hearing.
(b)  Proof of service consists of:
(1)  if the service is made by a sheriff or constable, the return of service;
(2)  if the service is made by a private person, the person's affidavit;
(3)  if the service is made by mail or by a qualified delivery method:
(A)  the certificate of the county clerk making the service, or the affidavit of the guardian or other person making the service that states that the citation or notice was mailed or sent by a qualified delivery method and the date of the mailing, the date of deposit with the private delivery service, or the date of delivery by courier, as applicable; and
(B)  the return receipt or other proof of delivery receipt attached to the certificate or affidavit, as applicable, if the service was made by a qualified delivery method; and
(4)  if the service is made by publication:
(A)  a statement that:
(i)  is made by the Office of Court Administration of the Texas Judicial System or an employee of the office;
(ii)  contains or to which is attached a copy of the published citation or notice; and
(iii)  states the date of publication on the public information Internet website maintained as required by Section 72.034, Government Code; and
(B)  an affidavit that:
(i)  is made by the publisher of the newspaper in which the citation or notice was published or an employee of the publisher;
(ii)  contains or to which is attached a copy of the published citation or notice; and
(iii)  states the date of publication printed on the newspaper in which the citation or notice was published.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 10.08, eff. June 1, 2020.
Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 9.03, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 123 (H.B. 785), Sec. 8, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 8, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1051 - Notices and Process in Guardianship Proceedings in General › Subchapter D. Return and Proof of Service of Citation or Notice › Section 1051.154. Return to Court

Sec. 1051.154.  RETURN TO COURT.  A citation or notice issued by a county clerk must be returned to the court from which the citation or notice was issued on the first Monday after the service is perfected.
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 1051 - Notices and Process in Guardianship Proceedings in General › Subchapter E. Alternative Manner of Issuance, Service, and Return › Section 1051.201. Court-Ordered Issuance, Service, and Return Under Certain Circumstances

Sec. 1051.201.  COURT-ORDERED ISSUANCE, SERVICE, AND RETURN UNDER CERTAIN CIRCUMSTANCES.  (a)  A citation or notice required by this title shall be issued, served, and returned in the manner specified by written order of the court in accordance with this title and the Texas Rules of Civil Procedure if:
(1)  an interested person requests that action;
(2)  a specific method is not provided by this title for giving the citation or notice;
(3)  a specific method is not provided by this title for the service and return of citation or notice; or
(4)  a provision with respect to a matter relating to citation or notice is inadequate.
(b)  Citation or notice issued, served, and returned in the manner specified by a court order as provided by Subsection (a) has the same effect as if the manner of service and return had been specified by this title.
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 1051 - Notices and Process in Guardianship Proceedings in General › Subchapter F. Additional Notice Provisions › Section 1051.251. Waiver of Notice of Hearing

Sec. 1051.251.  WAIVER OF NOTICE OF HEARING.  (a)  A competent person who is interested in a hearing in a guardianship proceeding may waive notice of the hearing in writing either in person or through an attorney.
(b)  A consul or other representative of a foreign government whose appearance has been entered as provided by law on behalf of a person residing in a foreign country may waive notice on the person's behalf.
(c)  A person who submits to the jurisdiction of the court in a hearing is considered to have waived notice of the hearing.
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 1051 - Notices and Process in Guardianship Proceedings in General › Subchapter F. Additional Notice Provisions › Section 1051.252. Request for Notice of Filing of Pleading

Sec. 1051.252.  REQUEST FOR NOTICE OF FILING OF PLEADING.  (a)  At any time after an application is filed to commence a guardianship proceeding, a person interested in the estate or welfare of a ward or incapacitated person may file with the county clerk a written request to be notified of all, or any specified, motions, applications, or pleadings filed with respect to the proceeding by any person or by a person specifically designated in the request.  A person filing a request under this section is responsible for payment of the fees and other costs of providing the requested documents, and the clerk may require a deposit to cover the estimated costs of providing the notice.  The clerk shall send to the requestor by regular mail a copy of any requested document.
(b)  A county clerk's failure to comply with a request under this section does not invalidate a 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 1051 - Notices and Process in Guardianship Proceedings in General › Subchapter F. Additional Notice Provisions › Section 1051.253. Service of Notice of Intention to Take Depositions in Certain Proceedings

Sec. 1051.253.  SERVICE OF NOTICE OF INTENTION TO TAKE DEPOSITIONS IN CERTAIN PROCEEDINGS.  (a)  In a guardianship proceeding in which there is no opposing party or attorney of record on whom to serve notice and copies of interrogatories, service may be made by posting notice of the intention to take depositions for a period of 10 days as provided by Section 1051.053 governing a posting of notice.
(b)  When notice by posting under Subsection (a) is filed with the clerk, a copy of the interrogatories must also be filed.
(c)  At the expiration of the 10-day period prescribed by Subsection (a):
(1)  the depositions for which the notice was posted may be taken; and
(2)  the judge may file cross-interrogatories if no person appears.
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. 6.021, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 3, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1052 - Filing and Recordkeeping › Subchapter A. Recordkeeping Requirements › Section 1052.001. Guardianship Docket

Sec. 1052.001.  GUARDIANSHIP DOCKET.  (a)  The county clerk shall maintain a record book titled "Judge's Guardianship Docket" and shall record in the book:
(1)  the name of each person with respect to whom, or with respect to whose estate, a proceeding is commenced or sought to be commenced;
(2)  the name of the guardian of the estate or person or of the applicant for letters of guardianship;
(3)  the date each original application for a guardianship proceeding is filed;
(4)  a notation of each order, judgment, decree, and proceeding that occurs in each guardianship, including the date it occurs; and
(5)  the docket number of each guardianship as assigned under Subsection (b).
(b)  The county clerk shall assign a docket number to each guardianship in the order a proceeding is commenced.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1052 - Filing and Recordkeeping › Subchapter A. Recordkeeping Requirements › Section 1052.002. Claim Docket

Sec. 1052.002.  CLAIM DOCKET.  (a)  The county clerk shall maintain a record book titled "Claim Docket" and shall record in the book each claim that is presented against a guardianship for the court's approval.
(b)  The county clerk shall assign one or more pages of the record book to each guardianship.
(c)  The claim docket must be ruled in 16 columns at proper intervals from top to bottom, with a short note of the contents at the top of each column.  The county clerk shall record for each claim, in the order the claims are filed, the following information in the respective columns, beginning with the first or marginal column:
(1)  the name of the claimant;
(2)  the amount of the claim;
(3)  the date of the claim;
(4)  the date the claim is filed;
(5)  the date the claim is due;
(6)  the date the claim begins bearing interest;
(7)  the interest rate;
(8)  the date the claim is allowed by the guardian, if applicable;
(9)  the amount allowed by the guardian, if applicable;
(10)  the date the claim is rejected, if applicable;
(11)  the date the claim is approved, if applicable;
(12)  the amount approved for the claim, if applicable;
(13)  the date the claim is disapproved, if applicable;
(14)  the class to which the claim belongs;
(15)  the date the claim is established by a judgment of a court, if applicable; and
(16)  the amount of the judgment established under Subdivision (15), if applicable.
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 1052 - Filing and Recordkeeping › Subchapter A. Recordkeeping Requirements › Section 1052.003. Guardianship Fee Book

Sec. 1052.003.  GUARDIANSHIP FEE BOOK.  (a)  The county clerk shall maintain a record book titled "Guardianship Fee Book" and shall record in the book each item of cost that accrues to the officers of the court and any witness fees.
(b)  Each record entry must include:
(1)  the party to whom the cost or fee is due;
(2)  the date the cost or fee accrued;
(3)  the guardianship or party liable for the cost or fee; and
(4)  the date the cost or fee is paid.
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 1052 - Filing and Recordkeeping › Subchapter A. Recordkeeping Requirements › Section 1052.004. Alternate Recordkeeping

Sec. 1052.004.  ALTERNATE RECORDKEEPING.  Instead of maintaining the record books described by Sections 1052.001, 1052.002, and 1052.003, the county clerk may maintain the information described by those sections relating to a person's guardianship proceeding:
(1)  on a computer file;
(2)  on microfilm;
(3)  in the form of a digitized optical image; or
(4)  in another similar form of data compilation.
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 1052 - Filing and Recordkeeping › Subchapter B. Files; Index › Section 1052.051. Filing Procedures

Sec. 1052.051.  FILING PROCEDURES.  (a)  An application for a guardianship proceeding or a complaint, petition, or other paper permitted or required by law to be filed with a court in a guardianship proceeding must be filed with the county clerk of the appropriate county.
(b)  Each paper filed in a guardianship proceeding must be given the docket number assigned to the estate.
(c)  On receipt of a paper described by Subsection (a), the county clerk shall:
(1)  file the paper; and
(2)  endorse on the paper:
(A)  the date the paper is filed;
(B)  the docket number; and
(C)  the clerk's official signature.
(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1031 , Sec. 37(1), eff. September 1, 2015.
(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1031 , Sec. 37(1), eff. September 1, 2015.
(f)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1031 , Sec. 37(1), eff. September 1, 2015.
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. 6.022, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 4, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 37(1), eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1052 - Filing and Recordkeeping › Subchapter B. Files; Index › Section 1052.052. Case Files

Sec. 1052.052.  CASE FILES.  (a)  The county clerk shall maintain a case file for each person's filed guardianship proceedings.
(b)  Each case file must contain each order, judgment, and proceeding of the court and any other guardianship filing with the court, including each:
(1)  application for the granting of guardianship;
(2)  citation and notice, whether published or posted, including the return on the citation or notice;
(3)  bond and official oath or declaration;
(4)  inventory, appraisement, and list of claims;
(5)  exhibit and account;
(6)  report of renting;
(7)  application for sale or partition of real estate;
(8)  report of sale;
(9)  application for authority to execute a lease for mineral development, or for pooling or unitization of lands, royalty, or other interest in minerals, or to lend or invest money;
(10)  report of lending or investing money; and
(11)  report of guardians of the persons.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 17, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1052 - Filing and Recordkeeping › Subchapter B. Files; Index › Section 1052.053. Index

Sec. 1052.053.  INDEX.  (a)  The county clerk shall properly index the records required under this chapter.
(b)  The county clerk shall keep the index open for public inspection but may not release the index from the clerk's custody.
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 1053 - Other Court Duties and Procedures › Subchapter A. Enforcement of Orders › Section 1053.001. Enforcement of Orders

Sec. 1053.001.  ENFORCEMENT OF ORDERS.  A judge may enforce an order entered against a guardian by attachment and confinement.  Unless this title expressly provides otherwise, the term of confinement for any one offense under this section may not exceed three days.
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 1053 - Other Court Duties and Procedures › Subchapter B. Costs and Security › Section 1053.051. Applicability of Certain Laws

Sec. 1053.051.  APPLICABILITY OF CERTAIN LAWS.  A law regulating costs in ordinary civil cases applies to a guardianship proceeding unless otherwise expressly provided 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 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.023, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1053 - Other Court Duties and Procedures › Subchapter B. Costs and Security › Section 1053.052. Security for Certain Costs

Sec. 1053.052.  SECURITY FOR CERTAIN COSTS.  (a)  The clerk may require or may obtain from the court an order requiring a person who files an application, complaint, or opposition relating to a guardianship proceeding, other than a guardian, attorney ad litem, or guardian ad litem, to provide security for the probable costs of the proceeding before filing the application, complaint, or opposition.
(b)  At any time before the trial of an application, complaint, or opposition described by Subsection (a), an officer of the court or a person interested in the guardianship or in the welfare of the ward may, by written motion, obtain from the court an order requiring the person who filed the application, complaint, or opposition to provide security for the probable costs of the proceeding.  The rules governing civil suits in the county court with respect to providing security for the probable costs of a proceeding control in cases described by Subsection (a) and this subsection.
(c)  A guardian, attorney ad litem, or guardian ad litem appointed under this title by a court of this state may not be required to provide security for costs in an action brought by the guardian, attorney ad litem, or guardian ad litem in the guardian's, attorney ad litem's, or guardian ad litem's fiduciary capacity.
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. 6.024, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 5, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1053 - Other Court Duties and Procedures › Subchapter B. Costs and Security › Section 1053.053. Exemption From Guardianship Proceeding Fees for Certain Military Servicemembers

Sec. 1053.053.  EXEMPTION FROM GUARDIANSHIP PROCEEDING FEES FOR CERTAIN MILITARY SERVICEMEMBERS.  (a)  In this section, "combat zone" means an area that the president of the United States by executive order designates for purposes of 26 U.S.C. Section 112 as an area in which armed forces of the United States are or have engaged in combat.
(b)  Notwithstanding any other law, the clerk of a county court may not charge, or collect from, the estate of a proposed ward or ward any of the following fees if the court finds that the proposed ward or ward became incapacitated as a result of a personal injury sustained while in active service as a member of the armed forces of the United States in a combat zone:
(1)  a fee for the filing of a guardianship proceeding; and
(2)  a fee for any service rendered by the court regarding the administration of the guardianship.
Added by Acts 2017, 85th Leg., R.S., Ch. 436 (S.B. 1559), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1053 - Other Court Duties and Procedures › Subchapter B. Costs and Security › Section 1053.054. Exemption From Guardianship Fees for Certain Law Enforcement Officers, Firefighters, and Others

Sec. 1053.054.  EXEMPTION FROM GUARDIANSHIP FEES FOR CERTAIN LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND OTHERS.  (a)  In this section:
(1)  "Eligible proposed ward" or "eligible ward" means an individual listed in Section 615.003, Government Code.
(2)  "Line of duty" and "personal injury" have the meanings assigned by Section 615.021(e), Government Code.
(b)  Notwithstanding any other law, the clerk of a court may not charge, or collect from, the estate of an eligible proposed ward or eligible ward any of the following fees if the court finds the proposed ward or ward became incapacitated as a result of a personal injury sustained in the line of duty in the individual's position as described by Section 615.003, Government Code:
(1)  a fee for the filing of a guardianship proceeding; and
(2)  a fee for any service rendered by the court regarding the administration of the guardianship.
Added by Acts 2017, 85th Leg., R.S., Ch. 436 (S.B. 1559), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1053 - Other Court Duties and Procedures › Subchapter C. Procedures for Guardianship Proceedings › Section 1053.101. Calling of Dockets

Sec. 1053.101.  CALLING OF DOCKETS.  The judge in whose court a guardianship proceeding is pending, as determined by the judge, shall:
(1)  call guardianship proceedings in the proceedings' regular order on both the guardianship and claim dockets; and
(2)  issue necessary orders.
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. 6.026, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1053 - Other Court Duties and Procedures › Subchapter C. Procedures for Guardianship Proceedings › Section 1053.102. Setting of Certain Hearings by Clerk

Sec. 1053.102.  SETTING OF CERTAIN HEARINGS BY CLERK.  (a)  If a judge is unable to designate the time and place for hearing a guardianship proceeding pending in the judge's court because the judge is absent from the county seat or is on vacation, disqualified, ill, or deceased, the county clerk of the county in which the proceeding is pending may:
(1)  designate the time and place for hearing;
(2)  enter the setting on the judge's docket; and
(3)  certify on the docket the reason that the judge is not acting to set the hearing.
(b)  If, after the perfection of the service of notices and citations required by law concerning the time and place of hearing, a qualified judge is not present for a hearing set under Subsection (a), the hearing is automatically continued from day to day until a qualified judge is present to hear and make a determination in the proceeding.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.027, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1053 - Other Court Duties and Procedures › Subchapter C. Procedures for Guardianship Proceedings › Section 1053.103. Rendering of Decisions, Orders, Decrees, and Judgments

Sec. 1053.103.  RENDERING OF DECISIONS, ORDERS, DECREES, AND JUDGMENTS.  The court shall render a decision, order, decree, or judgment in a guardianship proceeding in open court, except as otherwise expressly provided.
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. 6.028, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1053 - Other Court Duties and Procedures › Subchapter C. Procedures for Guardianship Proceedings › Section 1053.104. Confidentiality of Certain Information

Sec. 1053.104.  CONFIDENTIALITY OF CERTAIN INFORMATION.  (a) On request by a person protected by a protective order issued under Chapter 85, Family Code, or a guardian, attorney ad litem, or member of the family or household of a person protected by an order, the court may exclude from any document filed in a guardianship proceeding:
(1)  the address and phone number of the person protected by the protective order;
(2)  the place of employment or business of the person protected by the protective order;
(3)  the school attended by the person protected by the protective order or the day-care center or other child-care facility the person attends or in which the person resides; and
(4)  the place at which service of process on the person protected by the protective order was effectuated.
(b)  On granting a request for confidentiality under this section, the court shall order the clerk to:
(1)  strike the information described by Subsection (a) from the public records of the court; and
(2)  maintain a confidential record of the information for use only by the court.
Added by Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 5, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1053 - Other Court Duties and Procedures › Subchapter C. Procedures for Guardianship Proceedings › Section 1053.105. Inapplicability of Certain Rules of Civil Procedure

Sec. 1053.105.  INAPPLICABILITY OF CERTAIN RULES OF CIVIL PROCEDURE.  The following do not apply to guardianship proceedings:
(1)  Rules 47(c) and 169, Texas Rules of Civil Procedure; and
(2)  the portions of Rule 190.2, Texas Rules of Civil Procedure, concerning expedited actions under Rule 169, Texas Rules of Civil Procedure.
Added by Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 5, 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 A. Attorneys Ad Litem and Interpreters › Section 1054.001. Appointment of Attorney Ad Litem in Proceeding for Appointment of Guardian

Sec. 1054.001.  APPOINTMENT OF ATTORNEY AD LITEM IN PROCEEDING FOR APPOINTMENT OF GUARDIAN.  In a proceeding under this title for the appointment of a guardian, the court shall appoint an attorney ad litem to represent the proposed ward's interests, including the proposed ward's expressed wishes.
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. 1, 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 A. Attorneys Ad Litem and Interpreters › Section 1054.002. Term of Appointment

Sec. 1054.002.  TERM OF APPOINTMENT.  (a)  Unless the court determines that the continued appointment of an attorney ad litem appointed under Section 1054.001 is in the ward's best interests, the attorney's term of appointment expires, without a court order, on the date the court:
(1)  appoints a guardian in accordance with Subchapter D, Chapter 1101;
(2)  appoints a successor guardian; or
(3)  denies the application for appointment of a guardian.
(b)  The term of appointment of an attorney ad litem appointed under Section 1054.001 continues after the court appoints a temporary guardian under Chapter 1251 unless a court order provides for the termination or expiration of the attorney ad litem's appointment.
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. 6.029, 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 A. Attorneys Ad Litem and Interpreters › Section 1054.003. Access to Records

Sec. 1054.003.  ACCESS TO RECORDS.  An attorney ad litem appointed under Section 1054.001 or an attorney retained by a ward or proposed ward under Section 1054.006 or 1202.103 shall be provided copies of all of the current records in the guardianship case.  The attorney ad litem or retained attorney may have access to all of the proposed ward's relevant medical, psychological, and intellectual testing records.
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. 2, 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 A. Attorneys Ad Litem and Interpreters › Section 1054.004. Duties

Sec. 1054.004.  DUTIES.  (a)  An attorney ad litem appointed under Section 1054.001 shall interview the proposed ward within a reasonable time before the hearing in the proceeding for the appointment of a guardian.  To the greatest extent possible, the attorney shall discuss with the proposed ward:
(1)  the law and facts of the case;
(2)  the proposed ward's legal options regarding disposition of the case;
(3)  the grounds on which guardianship is sought; and
(4)  whether alternatives to guardianship would meet the needs of the proposed ward and avoid the need for the appointment of a guardian.
(b)  Before the hearing, the attorney ad litem shall review:
(1)  the application for guardianship;
(2)  certificates of current physical, medical, and intellectual examinations; and
(3)  all of the proposed ward's relevant medical, psychological, and intellectual testing records.
(c)  Before the hearing, the attorney ad litem shall discuss with the proposed ward the attorney ad litem's opinion regarding:
(1)  whether a guardianship is necessary for the proposed ward; and
(2)  if a guardianship is necessary, the specific powers or duties of the guardian that should be limited if the proposed ward receives 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. 4, 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 A. Attorneys Ad Litem and Interpreters › Section 1054.005. Appointment of Interpreter

Sec. 1054.005.  APPOINTMENT OF INTERPRETER.  At the time the court appoints the attorney ad litem under Section 1054.001, the court shall appoint a language interpreter or sign interpreter if necessary to ensure effective communication between the proposed ward and the attorney.
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 A. Attorneys Ad Litem and Interpreters › Section 1054.006. Representation of Ward or Proposed Ward by Attorney

Sec. 1054.006.  REPRESENTATION OF WARD OR PROPOSED WARD BY ATTORNEY.  (a)  A ward or proposed ward may at any time retain an attorney who holds a certificate required by Subchapter E to represent the ward's or proposed ward's interests, including the ward's or proposed ward's expressed wishes, in a guardianship proceeding, including a proceeding involving the complete restoration of the ward's capacity or modification of the ward's guardianship, instead of having those interests represented by an attorney ad litem appointed under Section 1054.001, Section 1202.101, or another provision of this title.
(b)  Subject to Subsection (c), if a ward or proposed ward has retained an attorney under Subsection (a), the court shall remove an attorney ad litem appointed under Section 1054.001, Section 1202.101, or any other provision of this title that requires the court to appoint an attorney ad litem to represent the interests of a ward or proposed ward and appoint a ward or a proposed ward's retained counsel.
(c)  On the motion of a party to a guardianship proceeding or on the court's own motion, the court may hold a hearing on the ward's or proposed ward's capacity to retain an attorney under Subsection (a).  The burden of proof is on the party motioning the court.  If the court finds by a preponderance of evidence that the ward or proposed ward does not understand the guardianship proceeding or the purpose for which the attorney was retained, the court may appoint an attorney ad litem under Section 1054.001, Section 1202.101, or another provision of this title.
(d)  An attorney retained by a ward or proposed ward under this section must represent the ward's or proposed ward's interests, including the ward's or proposed ward's expressed wishes.
Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.030, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 939 (S.B. 1624), Sec. 3, 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 A. Attorneys Ad Litem and Interpreters › Section 1054.007. Attorneys Ad Litem

Sec. 1054.007.  ATTORNEYS AD LITEM.  (a) Except in a situation in which this title requires the appointment to represent the interests of the person, a court may appoint an attorney ad litem in any guardianship proceeding to represent the interests of:
(1)  an incapacitated person or another person who has a legal disability;
(2)  a proposed ward;
(3)  a nonresident;
(4)  an unborn or unascertained person; or
(5)  an unknown or missing potential heir.
(b)  An attorney ad litem appointed under this section is entitled to reasonable compensation for services provided in the amount set by the court, to be taxed as costs in the proceeding.
(c)  An attorney ad litem appointed for a ward or proposed ward under this title shall represent the ward's or proposed ward's interests, including the ward's or proposed ward's expressed wishes.
Added by Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 6, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 939 (S.B. 1624), Sec. 4, 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 B. Guardians Ad Litem › Section 1054.051. Appointment of Guardian Ad Litem in Guardianship Proceeding

Sec. 1054.051.  APPOINTMENT OF GUARDIAN AD LITEM IN GUARDIANSHIP PROCEEDING.  (a)  Subject to Subsection (b), the judge may appoint a guardian ad litem to represent the interests of an incapacitated person in a guardianship proceeding.
(b)  A person appointed as a guardian ad litem may not be:
(1)  an interested person, as defined by Section 1002.018(1); or
(2)  an attorney ad litem appointed for the guardianship proceeding except as provided by Section 1054.052, 1202.101, or 1203.051.
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. 5, 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 B. Guardians Ad Litem › Section 1054.052. Appointment of Guardian Ad Litem Relating to Certain Other Suits

Sec. 1054.052.  APPOINTMENT OF GUARDIAN AD LITEM RELATING TO CERTAIN OTHER SUITS.  In the interest of judicial economy, the court may appoint as guardian ad litem under Section 1104.354(1) the person who has been appointed attorney ad litem under Section 1054.001 or the person who is serving as an ad litem for the ward's benefit in any other proceeding.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.