reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter D. Written Declaration by Certain Parents to Appoint Guardian for Their Children › Section 1104.160. Alternate or Other Court-Appointed Guardian

Sec. 1104.160.  ALTERNATE OR OTHER COURT-APPOINTED GUARDIAN.  (a)  The court shall appoint the next eligible designated alternate guardian named in a declaration if the designated guardian does not qualify, is deceased, refuses to serve, resigns, or dies after being appointed guardian, or is otherwise unavailable to serve as guardian.
(b)  The court shall appoint another person to serve as guardian as otherwise provided by this title if the designated guardian and all designated alternate guardians named in the declaration:
(1)  do not qualify;
(2)  are deceased;
(3)  refuse to serve; or
(4)  later die or resign.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter E. Written Declaration to Designate Guardian Before Need Arises › Section 1104.201. Definitions

Sec. 1104.201.  DEFINITIONS.  In this subchapter:
(1)  "Declaration" means a written declaration of a person that:
(A)  designates another person to serve as a guardian of the person or estate of the declarant; and
(B)  satisfies the requirements of this subdivision and Sections 1104.202, 1104.203, 1104.204, 1104.205, 1104.207, 1104.210, 1104.211, and 1104.212.
(2)  "Self-proving affidavit" means an affidavit the form and content of which substantially comply with the requirements of Section 1104.204.
(3)  "Self-proving declaration" includes a self-proving affidavit that is attached or annexed to a declaration.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter E. Written Declaration to Designate Guardian Before Need Arises › Section 1104.202. Designation of Guardian for Declarant

Sec. 1104.202.  DESIGNATION OF GUARDIAN FOR DECLARANT.  (a)  A person other than an incapacitated person may designate by declaration a person to serve as guardian of the person or estate of the declarant if the declarant becomes incapacitated.  The court shall appoint the person designated in the declaration to serve as guardian in preference to any other person otherwise entitled to serve as guardian under this title, unless the court finds that the person designated to serve as guardian:
(1)  is disqualified; or
(2)  would not serve the ward's best interests.
(b)  A declarant may, in the declaration, disqualify a named person from serving as guardian of the declarant's person or estate.  The court may not under any circumstances appoint as guardian a person named under this subsection.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter E. Written Declaration to Designate Guardian Before Need Arises › Section 1104.203. Requirements for Declaration

Sec. 1104.203.  REQUIREMENTS FOR DECLARATION.  (a)  Except as provided by Subsection (a-1), a declaration under this subchapter must be signed by the declarant and be:
(1)  written wholly in the declarant's handwriting; or
(2)  attested to in the declarant's presence by at least two credible witnesses who are:
(A)  14 years of age or older; and
(B)  not named as guardian or alternate guardian in the declaration.
(a-1)  If the declaration does not expressly disqualify any individual from serving as guardian of the declarant's person or estate, the declaration must be signed by the declarant and may be acknowledged by a notary public instead of being attested to in the declarant's presence by witnesses as required by Subsection (a)(2).
(b)  Notwithstanding Subsection (a) or (a-1), a declaration that is not written wholly in the declarant's handwriting may be signed by another person for the declarant under the direction of and in the presence of the declarant.
(c)  A declaration described by Subsection (a)(2) may have attached a self-proving affidavit signed by the declarant and the witnesses attesting to:
(1)  the competence of the declarant; and
(2)  the execution of the declaration.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 298 (S.B. 511), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter E. Written Declaration to Designate Guardian Before Need Arises › Section 1104.205. Alternative to Self-Proving Affidavit

Sec. 1104.205.  ALTERNATIVE TO SELF-PROVING AFFIDAVIT.  (a)  As an alternative to the self-proving affidavit authorized by Section 1104.204, a declaration of guardian in the event of later incapacity or need of guardian may be simultaneously executed, attested, and made self-proved by including the following in substantially the same form and with substantially the same contents:
I, _________________________, as declarant, after being duly sworn, declare to the undersigned witnesses and to the undersigned authority that this instrument is my Declaration of Guardian in the Event of Later Incapacity or Need of Guardian, and that I willingly make and execute it for the purposes expressed in the declaration. I now sign this declaration in the presence of the attesting witnesses and the undersigned authority on this ____ day of ________, 20__.
___________________________
Declarant
The undersigned, _____________________ and ___________________, each being 14 years of age or older, after being duly sworn, declare to the declarant and to the undersigned authority that the declarant declared to us that this instrument is the declarant's Declaration of Guardian in the Event of Later Incapacity or Need of Guardian and that the declarant executed it for the purposes expressed in the declaration. The declarant then signed this declaration and we believe the declarant to be of sound mind. We now sign our names as attesting witnesses on this _____ day of ___________, 20___.
___________________________
Witness
___________________________
Witness
Subscribed and sworn to before me by the above named declarant, and affiants, this ____ day of __________________, 20__.
__________________________
Notary Public in and for the
State of Texas
My Commission expires:
__________________________
(b)  A declaration that is executed as provided by Subsection (a) is considered self-proved to the same extent a declaration executed with a self-proving affidavit under Section 1104.204 is considered self-proved.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter E. Written Declaration to Designate Guardian Before Need Arises › Section 1104.206. Alternate Self-Proving of Declaration

Sec. 1104.206.  ALTERNATE SELF-PROVING OF DECLARATION.  At any time during the declarant's lifetime, a declaration described by Section 1104.203(a)(1) may be made self-proved in the same form and manner that a will written wholly in the testator's handwriting is made self-proved under Section 251.107.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter E. Written Declaration to Designate Guardian Before Need Arises › Section 1104.207. Filing of Declaration and Self-Proving Affidavit

Sec. 1104.207.  FILING OF DECLARATION AND SELF-PROVING AFFIDAVIT.  The declaration and any self-proving affidavit may be filed with the court at any time after the application for appointment of a guardian is filed and before a guardian is appointed.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter E. Written Declaration to Designate Guardian Before Need Arises › Section 1104.208. Proof of Declaration

Sec. 1104.208.  PROOF OF DECLARATION.  (a) The court may admit a declaration that is self-proved into evidence without the testimony of witnesses attesting to the competency of the declarant and the execution of the declaration.  Additional proof of the execution of the declaration with the formalities and solemnities and under the circumstances required to make it a valid declaration is not necessary.
(b)  A declaration described by Section 1104.203(a)(1) that is not self-proved may be proved in the same manner that a will written wholly in the testator's handwriting is proved under Section 256.154.
(c)  A declaration described by Section 1104.203(a)(2) that is not self-proved may be proved in the same manner that an attested written will produced in court is proved under Section 256.153.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter E. Written Declaration to Designate Guardian Before Need Arises › Section 1104.209. Prima Facie Evidence

Sec. 1104.209.  PRIMA FACIE EVIDENCE.  A properly executed and witnessed self-proving declaration, including a declaration and self-proving affidavit described by Section 1104.203(c), is prima facie evidence that:
(1)  the declarant was competent at the time the declarant executed the declaration; and
(2)  the guardian named in the declaration would serve the best interests of the ward or incapacitated person.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter E. Written Declaration to Designate Guardian Before Need Arises › Section 1104.210. Revocation of Declaration

Sec. 1104.210.  REVOCATION OF DECLARATION.  The declarant may revoke a declaration in any manner provided for the revocation of a will under Section 253.002, including the subsequent re-execution of the declaration in the manner required for the original declaration.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter E. Written Declaration to Designate Guardian Before Need Arises › Section 1104.211. Effect of Divorce on Designation of Spouse

Sec. 1104.211.  EFFECT OF DIVORCE ON DESIGNATION OF SPOUSE.  If a declarant designates the declarant's spouse to serve as guardian under this subchapter, and the declarant is subsequently divorced from that spouse before a guardian is appointed, the provision of the declaration designating the spouse has no effect.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter E. Written Declaration to Designate Guardian Before Need Arises › Section 1104.212. Alternate or Other Court-Appointed Guardian

Sec. 1104.212.  ALTERNATE OR OTHER COURT-APPOINTED GUARDIAN.  (a)  The court shall appoint the next eligible designated alternate guardian named in a declaration if the designated guardian does not qualify, is deceased, refuses to serve, resigns, or dies after being appointed guardian, or is otherwise unavailable to serve as guardian.
(b)  The court shall appoint another person to serve as guardian as otherwise provided by this title if the designated guardian and all designated alternate guardians named in the declaration:
(1)  do not qualify;
(2)  are deceased;
(3)  refuse to serve; or
(4)  later die or resign.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter F. Certification Requirements › Section 1104.251. Certification Required for Certain Guardians

Sec. 1104.251.  CERTIFICATION REQUIRED FOR CERTAIN GUARDIANS.  (a)  An individual must be certified under Subchapter C, Chapter 155, Government Code, if the individual:
(1)  is a private professional guardian;
(2)  will represent the interests of a ward as a guardian on behalf of a private professional guardian;
(3)  is providing guardianship services to a ward of a guardianship program on the program's behalf, except as provided by Section 1104.254; or
(4)  is an employee of the Department of Aging and Disability Services providing guardianship services to a ward of the department.
(b)  An individual employed by or contracting with a guardianship program must be certified as provided by Subsection (a) to provide guardianship services to a ward of the program.
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. 42 (S.B. 966), Sec. 2.08, eff. September 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter F. Certification Requirements › Section 1104.252. Effect of Provisional Certificate

Sec. 1104.252.  EFFECT OF PROVISIONAL CERTIFICATE.  For purposes of this subchapter, a person who holds a provisional certificate issued under Section 155.103, Government Code, is considered to be certified.
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. 42 (S.B. 966), Sec. 2.09, eff. September 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter F. Certification Requirements › Section 1104.253. Exception for Family Members and Friends

Sec. 1104.253.  EXCEPTION FOR FAMILY MEMBERS AND FRIENDS.  A family member or friend of an incapacitated person is not required to be certified under Subchapter C, Chapter 155, Government Code, or any other law to serve as the person's guardian.
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. 42 (S.B. 966), Sec. 2.10, eff. September 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter F. Certification Requirements › Section 1104.254. Exception for Certain Volunteers

Sec. 1104.254.  EXCEPTION FOR CERTAIN VOLUNTEERS.  An individual volunteering with a guardianship program or with the Department of Aging and Disability Services is not required to be certified as provided by Section 1104.251 to provide guardianship services or other services under Section 161.114, Human Resources Code, on the program's or the department's behalf.
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. 6.038, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter F. Certification Requirements › Section 1104.255. Expiration of Certification

Sec. 1104.255.  EXPIRATION OF CERTIFICATION.  A person whose certification under Subchapter C, Chapter 155, Government Code, has expired must obtain a new certification under that subchapter to provide or continue providing guardianship services to a ward or incapacitated person under 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. 42 (S.B. 966), Sec. 2.11, eff. September 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter F. Certification Requirements › Section 1104.256. Failure to Comply; Court's Duty to Notify

Sec. 1104.256.  FAILURE TO COMPLY; COURT'S DUTY TO NOTIFY.  The court shall notify the guardianship certification program of the Judicial Branch Certification Commission if the court becomes aware of a person who is not complying with:
(1)  the terms of a certification issued under Subchapter C, Chapter 155, Government Code; or
(2)  the standards and rules adopted under that subchapter.
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. 42 (S.B. 966), Sec. 2.12, eff. September 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter F. Certification Requirements › Section 1104.257. Information Regarding Services Provided by Guardianship Program

Sec. 1104.257.  INFORMATION REGARDING SERVICES PROVIDED BY GUARDIANSHIP PROGRAM.  Not later than January 31 of each year, each guardianship program operating in a county shall submit to the county clerk a copy of the report submitted to the guardianship certification program of the Judicial Branch Certification Commission under Section 155.105, Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 2.13, eff. September 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter F. Certification Requirements › Section 1104.258. Information Regarding Certain State Employees Providing Guardianship Services

Sec. 1104.258.  INFORMATION REGARDING CERTAIN STATE EMPLOYEES PROVIDING GUARDIANSHIP SERVICES.  Not later than January 31 of each year, the Department of Aging and Disability Services shall submit to the guardianship certification program of the Judicial Branch Certification Commission a statement containing:
(1)  the name, address, and telephone number of each department employee who is or will be providing guardianship services to a ward or proposed ward on the department's behalf; and
(2)  the name of each county in which each employee named in Subdivision (1) is providing or is authorized to provide those services.
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. 42 (S.B. 966), Sec. 2.14, eff. September 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter G. Private Professional Guardians › Section 1104.301. Certification and Registration Required

Sec. 1104.301.  CERTIFICATION AND REGISTRATION REQUIRED.  A court may not appoint a private professional guardian to serve as a guardian or permit a private professional guardian to continue to serve as a guardian under this title if the private professional guardian is not:
(1)  certified as provided by Section 1104.251(a), 1104.252, 1104.255, or 1104.256; or
(2)  in compliance with the registration requirements of 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 D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter G. Private Professional Guardians › Section 1104.302. Annual Certificate of Registration

Sec. 1104.302.  ANNUAL CERTIFICATE OF REGISTRATION.  A private professional guardian must annually apply for a certificate of registration.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter G. Private Professional Guardians › Section 1104.303. Requirements of Application

Sec. 1104.303.  REQUIREMENTS OF APPLICATION.  (a)  An application for a certificate of registration must include a sworn statement containing the following information concerning a private professional guardian or each person who represents or plans to represent the interests of a ward as a guardian on behalf of the private professional guardian:
(1)  place of residence;
(2)  business address and business telephone number;
(3)  educational background and professional experience;
(4)  three or more professional references;
(5)  the name of each ward for whom the private professional guardian or person is or will be serving as a guardian;
(6)  the aggregate fair market value of the property of all wards that is or will be managed by the private professional guardian or person;
(7)  whether the private professional guardian or person has ever been removed as a guardian by the court or resigned as a guardian in a particular case, and, if so:
(A)  a description of the circumstances causing the removal or resignation; and
(B)  the style of the suit, the docket number, and the court having jurisdiction over the proceeding; and
(8)  the certification number or provisional certification number issued to the private professional guardian or person by the guardianship certification program of the Judicial Branch Certification Commission.
(b)  The application must be:
(1)  made to the clerk of the county having venue of the proceeding for the appointment of a guardian; and
(2)  accompanied by a nonrefundable fee of $40 to cover the cost of administering this subchapter.
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. 42 (S.B. 966), Sec. 2.15, eff. September 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 13, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter G. Private Professional Guardians › Section 1104.304. Term of Registration; Renewal

Sec. 1104.304.  TERM OF REGISTRATION; RENEWAL.  (a)  The term of an initial registration begins on the date the requirements under Section 1104.303 are met and extends through December 31 of the year in which the application is made.  After the term of the initial registration, the term of registration begins on January 1 and extends through December 31 of each year.
(b)  An application to renew a registration must be completed during December of the year preceding the year for which the renewal is requested.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter G. Private Professional Guardians › Section 1104.305. Use of Registration Information

Sec. 1104.305.  USE OF REGISTRATION INFORMATION.  (a)  The clerk shall bring the information received under Section 1104.303 to the judge's attention for review.
(b)  The judge shall use the information only to determine whether to appoint, remove, or continue the appointment of a private professional guardian.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter G. Private Professional Guardians › Section 1104.306. Use of Names and Business Addresses

Sec. 1104.306.  USE OF NAMES AND BUSINESS ADDRESSES.  Not later than January 31 of each year, the clerk shall submit to the guardianship certification program of the Judicial Branch Certification Commission the name and business address of each private professional guardian who has satisfied the registration requirements of this subchapter during the preceding year.
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. 42 (S.B. 966), Sec. 2.16, eff. September 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter H. Grounds for Disqualification › Section 1104.351. Incapacity or Inexperience

Sec. 1104.351.  INCAPACITY OR INEXPERIENCE.  A person may not be appointed guardian if the person is:
(1)  a minor or other incapacitated person; or
(2)  a person who, because of inexperience, lack of education, or other good reason, is incapable of properly and prudently managing and controlling the person or estate of the ward.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter H. Grounds for Disqualification › Section 1104.352. Unsuitability

Sec. 1104.352.  UNSUITABILITY.  A person may not be appointed guardian if the person is a person, institution, or corporation found by the court to be unsuitable.
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. 6.039, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter H. Grounds for Disqualification › Section 1104.353. Notoriously Bad Conduct; Presumption Concerning Best Interest

Sec. 1104.353.  NOTORIOUSLY BAD CONDUCT; PRESUMPTION CONCERNING BEST INTEREST.  (a)  A person may not be appointed guardian if the person's conduct is notoriously bad.
(b)  It is presumed to be not in the best interests of a ward or incapacitated person to appoint as guardian of the ward or incapacitated person a person who has been finally convicted of:
(1)  any sexual offense, including sexual assault, aggravated sexual assault, and prohibited sexual conduct;
(2)  aggravated assault;
(3)  injury to a child, elderly individual, or disabled individual;
(4)  abandoning or endangering a child, elderly individual, or disabled individual;
(5)  terroristic threat; or
(6)  continuous violence against the family of the ward or incapacitated person.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 14, eff. January 1, 2014.
Acts 2023, 88th Leg., R.S., Ch. 830 (H.B. 2187), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter H. Grounds for Disqualification › Section 1104.354. Conflict of Interest

Sec. 1104.354.  CONFLICT OF INTEREST.  A person may not be appointed guardian if the person:
(1)  is a party or is a person whose parent is a party to a lawsuit concerning or affecting the welfare of the proposed ward, unless the court:
(A)  determines that the lawsuit claim of the person who has applied to be appointed guardian is not in conflict with the lawsuit claim of the proposed ward; or
(B)  appoints a guardian ad litem to represent the interests of the proposed ward throughout the litigation of the ward's lawsuit claim;
(2)  is indebted to the proposed ward, unless the person pays the debt before appointment; or
(3)  asserts a claim adverse to the proposed ward or the proposed ward's property.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter H. Grounds for Disqualification › Section 1104.355. Disqualified in Declaration

Sec. 1104.355.  DISQUALIFIED IN DECLARATION.  A person may not be appointed guardian if the person is disqualified in a declaration under Section 1104.202(b).
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter H. Grounds for Disqualification › Section 1104.356. Lack of Certain Required Certification

Sec. 1104.356.  LACK OF CERTAIN REQUIRED CERTIFICATION.  A person may not be appointed guardian if the person does not have the certification to serve as guardian that is required by Subchapter F.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter H. Grounds for Disqualification › Section 1104.357. Nonresident Without Resident Agent

Sec. 1104.357.  NONRESIDENT WITHOUT RESIDENT AGENT.  A person may not be appointed guardian if the person is a nonresident who has failed to file with the court the name of a resident agent to accept service of process in all actions or proceedings relating to the guardianship.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter H. Grounds for Disqualification › Section 1104.358. Subject to Protective Order for Family Violence

Sec. 1104.358.  SUBJECT TO PROTECTIVE ORDER FOR FAMILY VIOLENCE.  A person found to have committed family violence who is subject to a protective order issued under Chapter 85, Family Code, may not be appointed guardian of a proposed ward or ward who is protected by the protective order.
Added by Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 15, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter H. Grounds for Disqualification › Section 1104.359. Effect of Lack of Required Registration

Sec. 1104.359.  EFFECT OF LACK OF REQUIRED REGISTRATION.  (a)  A guardianship program may not be appointed guardian:
(1)  if the program is not registered as required under Subchapter F, Chapter 155, Government Code;
(2)  if a registration certificate issued to the program under Subchapter F, Chapter 155, Government Code, is expired or refused renewal, or has been revoked and not been reissued; or
(3)  during the time a registration certificate issued to the program under Subchapter F, Chapter 155, Government Code, is suspended.
(b)  This section does not prevent the appointment, on the individual's own behalf, of an individual who is employed by or contracts with a guardianship program to provide guardianship and related services independently of the program.
Added by Acts 2017, 85th Leg., R.S., Ch. 715 (S.B. 36), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.002(5), eff. September 1, 2019.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter I. Access to Criminal History Records › Section 1104.401. Definition

Sec. 1104.401.  DEFINITION.  In this subchapter, "department" means the Department of Aging and Disability Services.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter I. Access to Criminal History Records › Section 1104.402. Court Clerk's Duty to Obtain Criminal History Record Information; Authority to Charge Fee

Sec. 1104.402.  COURT CLERK'S DUTY TO OBTAIN CRIMINAL HISTORY RECORD INFORMATION; AUTHORITY TO CHARGE FEE.
(a)  Except as provided by Section 1104.404 or 1104.406(a), the clerk of the county having venue of the proceeding for the appointment of a guardian shall obtain criminal history record information that is maintained by the Department of Public Safety or the Federal Bureau of Investigation identification division relating to  any person proposed to serve as a guardian under this title, including a proposed temporary guardian, a proposed successor guardian, or any person who will have contact with the proposed ward or the proposed ward's estate on behalf of the proposed guardian, other than an attorney or a person who is a certified guardian.
(b)  The clerk may charge a $10 fee to recover the costs of obtaining criminal history record information under Subsection (a).
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. 16, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 4, eff. June 13, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter I. Access to Criminal History Records › Section 1104.404. Exception for Information Concerning Certain Persons

Sec. 1104.404.  EXCEPTION FOR INFORMATION CONCERNING CERTAIN PERSONS.  (a)  The clerk described by Section 1104.402 is not required to obtain criminal history record information from the Department of Public Safety for a person if the Judicial Branch Certification Commission conducted a criminal history check on the person under Sections 155.203 and 155.207, Government Code.  However, the clerk shall obtain criminal history record information from the Federal Bureau of Investigation identification division relating to each person described by Section 1104.402.
(b)  The commission shall provide to the clerk the criminal history record information that was obtained from the Department of Public Safety.  The commission is prohibited from disseminating criminal history record information that was obtained from the Federal Bureau of Investigation under Section 411.1408, Government Code, for purposes of determining whether an applicant is ineligible for certification as a guardian.
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. 42 (S.B. 966), Sec. 2.17, eff. September 1, 2014.
Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 5, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 5, eff. June 13, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter I. Access to Criminal History Records › Section 1104.405. Information for Exclusive Use of Court

Sec. 1104.405.  INFORMATION FOR EXCLUSIVE USE OF COURT.  (a)  Criminal history record information obtained or provided under Section 1104.402 or 1104.404 is privileged and confidential and is for the exclusive use of the court.  The criminal history record information may not be released or otherwise disclosed to any person or agency except on court order.  The court may use the criminal history record information only to determine whether to:
(1)  appoint, remove, or continue the appointment of a private professional guardian, a guardianship program, or the Health and Human Services Commission; or
(2)  appoint any person proposed to serve as a guardian under this title, including a proposed temporary guardian, a proposed successor guardian, or any person who will have contact with the proposed ward or the proposed ward's estate on behalf of the proposed guardian, other than an attorney or a certified guardian.
(b)  The county clerk may destroy the criminal history record information after the information is used for the purposes authorized by this subchapter.
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. 871 (H.B. 4123), Sec. 6, eff. June 13, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter I. Access to Criminal History Records › Section 1104.406. Department's Duty to Obtain Criminal History Record Information

Sec. 1104.406.  DEPARTMENT'S DUTY TO OBTAIN CRIMINAL HISTORY RECORD INFORMATION.  (a)  The department shall obtain criminal history record information that is maintained by the Department of Public Safety or the Federal Bureau of Investigation identification division relating to each individual who is or will be providing guardianship services to a ward of or referred by the department, including:
(1)  an employee of or an applicant selected for an employment position with the department;
(2)  a volunteer or an applicant selected to volunteer with the department;
(3)  an employee of or an applicant selected for an employment position with a business entity or other person who contracts with the department to provide guardianship services to a ward referred by the department;
(4)  a volunteer or an applicant selected to volunteer with a business entity or other person described by Subdivision (3); and
(5)  a contractor or an employee of a contractor who provides services to a ward of the Department of Aging and Disability Services under a contract with the estate of the ward.
(b)  The department must obtain the information in Subsection (a) before:
(1)  making an offer of employment to an applicant for an employment position; or
(2)  a volunteer contacts a ward of or referred by the department.
(c)  The department must annually obtain the information in Subsection (a) regarding employees, contractors, or volunteers providing guardianship 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. 1 (S.B. 219), Sec. 6.025, eff. April 2, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter I. Access to Criminal History Records › Section 1104.409. Use of Information by Court

Sec. 1104.409.  USE OF INFORMATION BY COURT.  The court shall use the information obtained under this subchapter only in determining whether to:
(1)  appoint, remove, or continue the appointment of a private professional guardian, a guardianship program, or the department; or
(2)  appoint any other person proposed to serve as a guardian under this title, including a proposed temporary guardian and a proposed successor guardian, other than an attorney.
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. 17, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter I. Access to Criminal History Records › Section 1104.411. Criminal Offense for Unauthorized Release or Disclosure

Sec. 1104.411.  CRIMINAL OFFENSE FOR UNAUTHORIZED RELEASE OR DISCLOSURE.  (a) A person commits an offense if the person releases or discloses any information received under this subchapter without the authorization prescribed by Section 1104.405 or 1104.408.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1104 - Selection of and Eligibility to Serve as Guardian › Subchapter I. Access to Criminal History Records › Section 1104.412. Effect of Subchapter on Department's Authority to Obtain or Use Information

Sec. 1104.412.  EFFECT OF SUBCHAPTER ON DEPARTMENT'S AUTHORITY TO OBTAIN OR USE INFORMATION.  This subchapter does not prohibit the department from obtaining and using criminal history record information as provided by other law.
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 1105 - Qualification of Guardians › Subchapter A. General Provisions › Section 1105.001. Definitions

Sec. 1105.001.  DEFINITIONS.  In this chapter:
(1)  "Bond" means a bond required by this chapter to be given by a person appointed to serve as a guardian.
(1-a)  "Declaration" means a declaration taken by a person appointed to serve as a guardian to qualify to serve.
(2)  "Oath" means an oath taken by a person appointed to serve as a guardian to qualify to serve.
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. 24, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1105 - Qualification of Guardians › Subchapter A. General Provisions › Section 1105.002. Manner of Qualification of Guardian

Sec. 1105.002.  MANNER OF QUALIFICATION OF GUARDIAN.  (a)  Except as provided by Subsection (b), a guardian is considered to have qualified when the guardian has:
(1)  taken and filed the oath, or made and filed the declaration, required under Section 1105.051;
(2)  given the required bond;
(3)  obtained the judge's approval of the bond; and
(4)  filed the bond with the clerk.
(b)  A guardian who is not required to give a bond is considered to have qualified when the guardian has taken and filed the oath, or made and filed the declaration, as required under Section 1105.051.
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. 25, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 11, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1105 - Qualification of Guardians › Subchapter A. General Provisions › Section 1105.003. Period for Taking Oath or Making Declaration and Giving Bond

Sec. 1105.003.  PERIOD FOR TAKING OATH OR MAKING DECLARATION AND GIVING BOND.  (a)  Except as provided by Section 1103.003, an oath may be taken and subscribed or a declaration may be made, and a bond may be given and approved, at any time before:
(1)  the 21st day after the date of the order granting letters of guardianship; or
(2)  the letters of guardianship are revoked for a failure to qualify within the period allowed.
(b)  A guardian of an estate must give a bond before being issued letters of guardianship unless a bond is not required under this title.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 26, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1105 - Qualification of Guardians › Subchapter B. Oaths and Declarations › Section 1105.051. Oath or Declaration of Guardian

Sec. 1105.051.  OATH OR DECLARATION OF GUARDIAN.  (a)  A guardian shall:
(1)  take an oath to discharge faithfully the duties of guardian for the person or estate, or both, of a ward; or
(2)  make a declaration as prescribed by Subsection (d).
(b)  If the Health and Human Services Commission is appointed guardian, a commission representative shall take the oath or make the declaration required by Subsection (a).
(c)  An oath taken by a person named as guardian or temporary guardian, as applicable, must be substantially as follows:
I, __________ (insert person's name), do solemnly swear that I will discharge faithfully the duties of guardian of __________ (insert "the person," "the estate," or "the person and estate") of __________ (insert ward's name), an incapacitated person, according to law.
(d)  A declaration made by a person named as guardian or temporary guardian, as applicable, must be substantially as follows:
My name is _______ (insert person's name), my date of birth is __________ (insert person's date of birth), and my address is __________ (insert person's address, including country).  I declare under penalty of perjury that the information in this declaration is true and correct.  I solemnly declare that I will discharge faithfully the duties of __________ (insert "guardian" or "temporary guardian," as applicable) of __________ (insert "the person," "the estate," or "the person and estate") of __________ (insert ward's name), an incapacitated person, according to law.  Signed on __________ (insert date of signing).
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. 28, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle D - Creation of Guardianship › Chapter 1105 - Qualification of Guardians › Subchapter B. Oaths and Declarations › Section 1105.052. Administration of Oath or Making of Declaration

Sec. 1105.052.  ADMINISTRATION OF OATH OR MAKING OF DECLARATION.  The oath prescribed by Section 1105.051 may be taken before any person authorized to administer oaths under the laws of this state.  The declaration prescribed by Section 1105.051 must be signed by the declarant.
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. 29, eff. September 1, 2021.