reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter E. Procedures After Resignation, Removal, or Death of Guardian › Section 1203.201. Payment to Ward While Office of Guardian Is Vacant

Sec. 1203.201.  PAYMENT TO WARD WHILE OFFICE OF GUARDIAN IS VACANT.  (a)  A debtor, obligor, or payor may pay or tender money or another thing of value falling due to a ward while the office of guardian is vacant to the court clerk for the credit of the ward.
(b)  Payment or tender under Subsection (a) discharges the debtor, obligor, or payor of the obligation for all purposes to the extent and purpose of the payment or tender.
(c)  The court clerk shall issue a receipt for any payment or tender accepted under this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter E. Procedures After Resignation, Removal, or Death of Guardian › Section 1203.202. Rights, Powers, and Duties of Successor Guardian

Sec. 1203.202.  RIGHTS, POWERS, AND DUTIES OF SUCCESSOR GUARDIAN.  (a)  A successor guardian has the rights and powers and is subject to all the duties of the predecessor.
(b)  A guardian who accepts appointment and qualifies after letters of guardianship have been granted on the estate shall:
(1)  succeed in like manner to the predecessor; and
(2)  administer the estate in like manner as if the guardian's administration were a continuation of the former administration.
(c)  A successor guardian may:
(1)  make himself or herself, and be made, a party to a suit prosecuted by or against the successor's predecessor;
(2)  settle with the predecessor and receive and give a receipt for any portion of the estate property that remains in the predecessor's possession; or
(3)  commence a suit on the bond or bonds of the predecessor, in the successor's own name and capacity, for all the estate property that:
(A)  came into the predecessor's possession; and
(B)  has not been accounted for by the predecessor.
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. 22, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor › Subchapter E. Procedures After Resignation, Removal, or Death of Guardian › Section 1203.203. Successor Guardian to Return Inventory, Appraisement, and List of Claims

Sec. 1203.203.  SUCCESSOR GUARDIAN TO RETURN INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS.  (a)  A successor guardian who has qualified to succeed a former guardian shall, in the manner required of an original appointee:
(1)  make and return to the court an inventory, appraisement, and list of claims of the estate not later than the 30th day after the date the successor qualifies; and
(2)  return additional inventories, appraisements, and lists of claims.
(b)  On the application of any person interested in the estate, the court shall, in an order appointing a successor guardian, appoint an appraiser as in an original appointment of a guardian.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1204 - Final Settlement, Accounting, and Discharge › Subchapter A. Time for Settlement of Guardianship › Section 1204.001. Settlement of Guardianship

Sec. 1204.001.  SETTLEMENT OF GUARDIANSHIP.  (a)  A guardianship shall be settled and closed as provided by this section and Section 1202.001.
(b)  A guardianship of the estate of a ward shall be settled when:
(1)  the ward dies;
(2)  a minor ward becomes an adult by:
(A)  becoming 18 years of age;
(B)  removal of disabilities of minority according to the law of this state; or
(C)  marriage;
(3)  an incapacitated ward is decreed as provided by law to have been restored to full legal capacity;
(4)  the spouse of a married ward has qualified as survivor in community and the ward does not own separate property;
(5)  the ward's estate is exhausted;
(6)  the foreseeable income accruing to the ward or to the ward's estate is so negligible that maintaining the guardianship in force would be burdensome;
(7)  all of the assets of the estate have been placed in a management trust under Chapter 1301 or have been transferred to a pooled trust subaccount in accordance with a court order issued as provided by Chapter 1302, and the court determines that a guardianship of the ward's estate is no longer necessary; or
(8)  the court determines for any other reason that a guardianship for the ward is no longer necessary.
(c)  In a case arising under Subsection (b)(6), the court may authorize the income to be paid to a parent, or other person who has acted as guardian of the ward, to assist in the maintenance of the ward and without liability to account to the court for the income.
(d)  If the estate of a minor ward consists only of cash or cash equivalents in an amount of $100,000 or less, the guardianship of the estate may be terminated and the assets paid to the county clerk of the county in which the guardianship proceeding is pending, and the clerk shall manage the funds as provided by Chapter 1355.
(e)  In the settlement of a guardianship of the estate, the court may appoint an attorney ad litem to represent the ward's interests and may allow the attorney ad litem reasonable compensation to be taxed as costs.
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. 6.059, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1204 - Final Settlement, Accounting, and Discharge › Subchapter A. Time for Settlement of Guardianship › Section 1204.002. Appointment of Attorney Ad Litem to Represent Ward in Final Settlement Under Certain Circumstances

Sec. 1204.002.  APPOINTMENT OF ATTORNEY AD LITEM TO REPRESENT WARD IN FINAL SETTLEMENT UNDER CERTAIN CIRCUMSTANCES.  (a)  The court may appoint an attorney ad litem to represent the ward's interest in the final settlement with the guardian if:
(1)  the ward is deceased and there is no executor or administrator of the ward's estate;
(2)  the ward is a nonresident; or
(3)  the ward's residence is unknown.
(b)  The court shall allow the attorney ad litem appointed under this section reasonable compensation out of the ward's estate for any services provided by 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 F - Evaluation, Modification, or Termination of Guardianship › Chapter 1204 - Final Settlement, Accounting, and Discharge › Subchapter B. Payment of Certain Expenses and Debts › Section 1204.051. Funeral Arrangements and Other Debts; Account for Final Settlement on Complaint of Personal Representative

Sec. 1204.051.  FUNERAL ARRANGEMENTS AND OTHER DEBTS; ACCOUNT FOR FINAL SETTLEMENT ON COMPLAINT OF PERSONAL REPRESENTATIVE.  Before a guardianship of the person or estate of a ward is closed on the ward's death, the guardian may, subject to the court's approval, make all funeral arrangements and pay the funeral expenses and all other debts out of the deceased ward's estate.  If a personal representative of the estate of a deceased ward is appointed, the court shall on the written complaint of the personal representative have the guardian of the deceased ward cited to appear and present an account for final settlement as provided by Section 1204.101.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1204 - Final Settlement, Accounting, and Discharge › Subchapter B. Payment of Certain Expenses and Debts › Section 1204.052. Taxes and Expenses of Administration; Sale of Estate Property

Sec. 1204.052.  TAXES AND EXPENSES OF ADMINISTRATION; SALE OF ESTATE PROPERTY.  Notwithstanding any other provision of this title, a probate court in which proceedings to declare heirship are maintained may order:
(1)  the guardian to pay any taxes or expenses of administering the estate; and
(2)  the sale of property in the ward's estate, when necessary, to:
(A)  pay the taxes or expenses of administering the estate; or
(B)  distribute the estate among the heirs.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1204 - Final Settlement, Accounting, and Discharge › Subchapter B. Payment of Certain Expenses and Debts › Section 1204.053. Inheritance Taxes; Limitation on Closing Estate

Sec. 1204.053.  INHERITANCE TAXES; LIMITATION ON CLOSING ESTATE.  If the guardian has been ordered to pay inheritance taxes under this code, a deceased ward's estate may not be closed unless the account for final settlement shows and the court finds that all inheritance taxes due and owing to this state with respect to all interests and property passing through the guardian's possession have been 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 F - Evaluation, Modification, or Termination of Guardianship › Chapter 1204 - Final Settlement, Accounting, and Discharge › Subchapter C. Account for Final Settlement › Section 1204.101. Verified Account Required

Sec. 1204.101.  VERIFIED ACCOUNT REQUIRED.  A guardian of the estate shall present to the court the guardian's verified account for final settlement when the guardianship of the estate is required to be settled.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1204 - Final Settlement, Accounting, and Discharge › Subchapter C. Account for Final Settlement › Section 1204.102. Contents of Account

Sec. 1204.102.  CONTENTS OF ACCOUNT.  (a)  Except as provided by Subsection (b), it is sufficient for an account for final settlement to:
(1)  refer to the inventory without describing each item of property in detail; and
(2)  refer to and adopt any guardianship proceeding concerning sales, renting, leasing for mineral development, or any other transaction on behalf of the guardianship estate, including an exhibit, account, or voucher previously filed and approved, without restating the particular items.
(b)  An account for final settlement shall be accompanied by proper vouchers supporting each item included in the account for which the guardian has not already accounted and, either by reference to any proceeding described by Subsection (a) or by a statement of the facts, must show:
(1)  the property, rents, revenues, and profits received by the guardian, and belonging to the ward, during the term of the guardianship;
(2)  the disposition made of the property, rents, revenues, and profits;
(3)  any expenses and debts against the estate that remain unpaid;
(4)  any estate property that remains in the guardian's possession;
(5)  that the guardian has paid all required bond premiums;
(6)  the tax returns the guardian has filed during the guardianship;
(7)  the amount of taxes the ward owed during the guardianship that the guardian has paid;
(8)  a complete account of the taxes the guardian has paid during the guardianship, including:
(A)  the amount of the taxes;
(B)  the date the guardian paid the taxes; and
(C)  the name of the governmental entity to which the guardian paid the taxes;
(9)  a description of all current delinquencies in the filing of tax returns and the payment of taxes, including a reason for each delinquency; and
(10)  other facts as appear necessary to a full and definite understanding of the exact condition of 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 F - Evaluation, Modification, or Termination of Guardianship › Chapter 1204 - Final Settlement, Accounting, and Discharge › Subchapter C. Account for Final Settlement › Section 1204.103. Certain Debts Excluded From Settlement Computation

Sec. 1204.103.  CERTAIN DEBTS EXCLUDED FROM SETTLEMENT COMPUTATION.  In the settlement of any of the accounts of the guardian of the estate, all debts due the estate that the court is satisfied could not have been collected by due diligence and that have not been collected shall be excluded from the computation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1204 - Final Settlement, Accounting, and Discharge › Subchapter C. Account for Final Settlement › Section 1204.104. Guardian to Account for Ward's Labor or Services

Sec. 1204.104.  GUARDIAN TO ACCOUNT FOR WARD'S LABOR OR SERVICES.  (a)  Subject to Subsection (b), the guardian of a ward shall account for:
(1)  the reasonable value of labor or services provided by the ward; or
(2)  the proceeds of labor or services provided by the ward.
(b)  The guardian is entitled to reasonable credits for the board, clothing, and maintenance 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 F - Evaluation, Modification, or Termination of Guardianship › Chapter 1204 - Final Settlement, Accounting, and Discharge › Subchapter C. Account for Final Settlement › Section 1204.105. Citation and Notice on Presentation of Account

Sec. 1204.105.  CITATION AND NOTICE ON PRESENTATION OF ACCOUNT.  (a)  On presentation of an account for final settlement by a guardian of the estate of a ward, the county clerk shall issue citation to the persons and in the manner provided by this section.
(b)  Citation issued under Subsection (a) must contain:
(1)  a statement that an account for final settlement has been presented;
(2)  the time and place the court will consider the account; and
(3)  a statement requiring the person cited to appear and contest the account, if the person determines contesting the account is proper.
(c)  Except as provided by Subsection (d) or (e), the county clerk shall:
(1)  issue a citation to be personally served on a ward if:
(A)  the ward is 14 years of age or older;
(B)  the ward is a living resident of this state; and
(C)  the ward's residence is known;
(2)  issue a citation to be personally served on the executor or administrator of a deceased ward's estate, if one has been appointed; and
(3)  issue a citation to a ward or the ward's estate by publication, or by posting if directed by written court order, if:
(A)  the ward's residence is unknown;
(B)  the ward is not a resident of this state; or
(C)  the ward is deceased and no representative of the ward's estate has been appointed and has qualified in this state.
(d)  The ward, in person or by attorney, may waive by writing filed with the county clerk the issuance and personal service of citation required by Subsection (c)(1).
(e)  Service of citation is not required under Subsection (c)(2) if the executor or administrator is the same person as the guardian.
(f)  The court may allow the waiver of notice of an account for final settlement in a guardianship proceeding.
(g)  The court by written order shall require additional notice if the court considers the additional notice necessary.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1204 - Final Settlement, Accounting, and Discharge › Subchapter C. Account for Final Settlement › Section 1204.106. Examination of and Hearing on Account

Sec. 1204.106.  EXAMINATION OF AND HEARING ON ACCOUNT.  (a)  On the court's satisfaction that citation has been properly served on all persons interested in the guardianship estate, the court shall examine the account for final settlement and the accompanying vouchers.
(b)  After hearing all exceptions or objections to the account and evidence in support of or against the account, the court shall audit and settle the account and, if necessary, restate the account.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1204 - Final Settlement, Accounting, and Discharge › Subchapter C. Account for Final Settlement › Section 1204.107. Assets Becoming Due Pending Final Settlement; Receipt and Discharge

Sec. 1204.107.  ASSETS BECOMING DUE PENDING FINAL SETTLEMENT; RECEIPT AND DISCHARGE.  (a)  This section does not apply to money or another thing of value held under Section 1105.153.
(b)  Until the order of final discharge of the guardian is entered in the judge's guardianship docket, money or another thing of value falling due to the ward or the ward's estate while the account for final settlement is pending may be paid or tendered to the emancipated ward, the guardian, or the personal representative of the deceased ward's estate.  The ward, guardian, or personal representative to whom the money or other thing of value is paid or tendered shall issue a receipt for the money or other thing of value, and the obligor or payor is discharged of the obligation for all purposes.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1204 - Final Settlement, Accounting, and Discharge › Subchapter C. Account for Final Settlement › Section 1204.108. Delivery of Ward's Property in Possession of Guardian of the Person on Settlement of Guardianship of the Estate

Sec. 1204.108.  DELIVERY OF WARD'S PROPERTY IN POSSESSION OF GUARDIAN OF THE PERSON ON SETTLEMENT OF GUARDIANSHIP OF THE ESTATE.  (a)  If the guardianship of a ward is required to be settled as provided by Section 1204.001, the guardian of the person shall deliver all of the ward's property in the guardian's possession or control to the emancipated ward or other person entitled to the property.  If the ward is deceased, the guardian shall deliver the property to the personal representative of the deceased ward's estate or other person entitled to the property.
(b)  If none of the ward's property is in the guardian of the person's possession or control, the guardian shall, not later than the 60th day after the date the guardianship is required to be settled, file with the court a sworn affidavit that states:
(1)  the reason the guardianship was terminated; and
(2)  to whom the ward's property in the guardian's possession was delivered.
(c)  The judge may issue orders as necessary for the best interests of the ward or the deceased ward's estate.
(d)  This section does not discharge a guardian of the person from liability for breach of the guardian's fiduciary duties.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1204 - Final Settlement, Accounting, and Discharge › Subchapter C. Account for Final Settlement › Section 1204.109. Delivery of Remaining Estate Property

Sec. 1204.109.  DELIVERY OF REMAINING ESTATE PROPERTY.  On final settlement of a guardianship estate, the court shall order that any part of the estate that remains in the guardian's possession be delivered to:
(1)  the ward;
(2)  the personal representative of the ward's estate, if the ward is deceased and a personal representative has been appointed; or
(3)  any other person legally entitled to the estate.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1204 - Final Settlement, Accounting, and Discharge › Subchapter D. Closing of Guardianship and Discharge of Guardian › Section 1204.151. Discharge of Guardian When No Estate Property Remains

Sec. 1204.151.  DISCHARGE OF GUARDIAN WHEN NO ESTATE PROPERTY REMAINS.  The court shall enter an order discharging a guardian from the guardian's trust and closing the guardianship estate if, on final settlement of the estate, none of the estate remains in the guardian's possession.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1204 - Final Settlement, Accounting, and Discharge › Subchapter D. Closing of Guardianship and Discharge of Guardian › Section 1204.152. Discharge of Guardian When Estate Fully Administered

Sec. 1204.152.  DISCHARGE OF GUARDIAN WHEN ESTATE FULLY ADMINISTERED.  The court shall enter an order discharging a guardian of the estate from the guardian's trust and declaring the estate closed when:
(1)  the guardian has fully administered the estate in accordance with this title and the court's orders;
(2)  the guardian's account for final settlement has been approved; and
(3)  the guardian has delivered all of the estate remaining in the guardian's possession to any person entitled to receive the estate.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1204 - Final Settlement, Accounting, and Discharge › Subchapter E. Failure of Guardian to Act › Section 1204.201. Failure to Present Final Account or Report

Sec. 1204.201.  FAILURE TO PRESENT FINAL ACCOUNT OR REPORT.  (a)  The court may, on the court's own motion, and shall, on the written complaint of the emancipated ward or anyone interested in the ward or the ward's estate, have the guardian who is charged with the duty of presenting a final account or report cited to appear and present the account or report within the time specified in the citation if the guardian failed or neglected to present the account or report at the proper time.
(b)  If a written complaint has not been filed by anyone interested in the guardianship of the person or estate of a minor or deceased ward, on or after the third anniversary of the date the minor ward reaches the age of majority or the date the ward dies, as applicable, the court may remove the estate from the court's active docket without a final accounting and without appointing a successor personal representative.
(c)  If a complaint has not been filed by anyone interested in the estate of a ward whose whereabouts are unknown to the court, on or after the fourth anniversary of the date the ward's whereabouts became unknown to the court, the court may remove the estate from the court's active docket without a final accounting and without appointing a successor personal representative.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1204 - Final Settlement, Accounting, and Discharge › Subchapter E. Failure of Guardian to Act › Section 1204.202. Liability for Failure to Deliver Estate Property

Sec. 1204.202.  LIABILITY FOR FAILURE TO DELIVER ESTATE PROPERTY.  (a)  On final settlement or termination of the guardianship of the estate, if the guardian neglects when legally demanded to deliver a portion of the estate or any funds or money in the guardian's possession ordered to be delivered to a person entitled to that property, the person may file with the court clerk a written complaint alleging:
(1)  the fact of the neglect;
(2)  the date of the person's demand; and
(3)  other relevant facts.
(b)  After the filing of a complaint under Subsection (a), the court clerk shall issue a citation to be served personally on the guardian.  The citation must:
(1)  apprise the guardian of the complaint; and
(2)  cite the guardian to appear before the court and answer, if the guardian desires, at a time designated in the citation.
(c)  If at the hearing the court finds that the citation was properly served and returned, and that the guardian is guilty of the neglect charged, the court shall enter an order to that effect.
(d)  If the court enters an order under Subsection (c), the guardian is liable to the person who filed the complaint under Subsection (a) for damages at the rate of 10 percent of the amount or appraised value of the money or estate withheld, per month, for each month or fraction of a month that the estate or money of a guardianship of the estate, or on termination of guardianship of the person, or funds is or has been withheld by the guardian after the date of demand. Damages under this subsection may be recovered in any court of competent jurisdiction.
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 G - Special Types of Guardianships › Chapter 1251 - Temporary Guardianships › Subchapter A. Appointment of Temporary Guardian Generally › Section 1251.001. Appointment of Temporary Guardian

Sec. 1251.001.  APPOINTMENT OF TEMPORARY GUARDIAN.  (a) A court shall appoint a temporary guardian, with limited powers as the circumstances of the case require, if the court:
(1)  is presented with substantial evidence that a person may be an incapacitated person; and
(2)  has probable cause to believe that the person, the person's estate, or both require the immediate appointment of a guardian.
(b)  The person for whom a temporary guardian is appointed under this chapter retains all rights and powers that are not specifically granted to the person's temporary guardian by court order.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle G - Special Types of Guardianships › Chapter 1251 - Temporary Guardianships › Subchapter A. Appointment of Temporary Guardian Generally › Section 1251.002. No Presumption of Incapacity

Sec. 1251.002.  NO PRESUMPTION OF INCAPACITY.  A person for whom a temporary guardian is appointed under this chapter may not be presumed to be incapacitated.
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 G - Special Types of Guardianships › Chapter 1251 - Temporary Guardianships › Subchapter A. Appointment of Temporary Guardian Generally › Section 1251.003. Application

Sec. 1251.003.  APPLICATION.  (a)  A sworn, written application for the appointment of a temporary guardian shall be filed before the court appoints a temporary guardian.
(b)  The application must state:
(1)  the name and address of the person who is the subject of the guardianship proceeding;
(2)  the danger to the person or property alleged to be imminent;
(3)  the type of appointment and the particular protection and assistance being requested;
(4)  the facts and reasons supporting the allegations and requests;
(5)  the proposed temporary guardian's name, address, and qualification;
(6)  the applicant's name, address, and interest; and
(7)  if applicable, that the proposed temporary guardian is a private professional guardian who is certified under Subchapter C, Chapter 155, Government Code, and has complied with the requirements of Subchapter G, Chapter 1104.
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. 2.22, eff. September 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle G - Special Types of Guardianships › Chapter 1251 - Temporary Guardianships › Subchapter A. Appointment of Temporary Guardian Generally › Section 1251.004. Appointment of Attorney

Sec. 1251.004.  APPOINTMENT OF ATTORNEY.  On the filing of an application for temporary guardianship, the court shall appoint an attorney to represent the proposed ward in all guardianship proceedings in which independent counsel has not been retained by or on behalf of the proposed 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 G - Special Types of Guardianships › Chapter 1251 - Temporary Guardianships › Subchapter A. Appointment of Temporary Guardian Generally › Section 1251.005. Citation and Notice of Application

Sec. 1251.005.  CITATION AND NOTICE OF APPLICATION.  (a)  On the filing of an application for temporary guardianship, the court clerk shall issue:
(1)  citation to be served on:
(A)  the proposed ward; and
(B)  the proposed temporary guardian named in the application, if that person is not the applicant; and
(2)  notice to be served on the proposed ward's appointed attorney.
(b)  The citation or notice issued as provided by Subsection (a) must describe:
(1)  the rights of the parties; and
(2)  the date, time, place, purpose, and possible consequences of a hearing on the application.
(b-1)  The citation issued as provided by Subsection (a) must contain a statement regarding the authority of a person under Section 1051.252 who is interested in the estate or welfare of a proposed ward or, if a guardianship is created, the ward to 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 temporary guardianship proceeding by any person or by a person specifically designated in the request.
(c)  A copy of the application must be attached to the citation or notice.
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. 55, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 22, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle G - Special Types of Guardianships › Chapter 1251 - Temporary Guardianships › Subchapter A. Appointment of Temporary Guardian Generally › Section 1251.006. Scheduling of Hearing

Sec. 1251.006.  SCHEDULING OF HEARING.  (a)  Immediately after an application for a temporary guardianship is filed, the court shall issue an order setting a certain date for the hearing on the application.
(b)  Unless postponed as provided by Subsection (c), a hearing shall be held not later than the 10th day after the date the application for temporary guardianship is filed.
(c)  The proposed ward or the proposed ward's attorney may consent to postpone the hearing on the application for temporary guardianship for a period not to exceed 30 days after the date the application is filed.
(d)  An application for temporary guardianship takes precedence over all matters except older matters of the same character.
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 G - Special Types of Guardianships › Chapter 1251 - Temporary Guardianships › Subchapter A. Appointment of Temporary Guardian Generally › Section 1251.007. Motion for Dismissal of Application

Sec. 1251.007.  MOTION FOR DISMISSAL OF APPLICATION.  (a) Subject to Subsection (b), the proposed ward or the proposed ward's attorney may appear and move for the dismissal of the application for temporary guardianship.
(b)  At least one day before making a motion under Subsection (a), the proposed ward or the proposed ward's attorney shall provide notice to the party who filed the application for temporary guardianship.
(c)  If a motion is made for dismissal of the application for temporary guardianship, the court shall hear and determine the motion as expeditiously as justice requires.
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 G - Special Types of Guardianships › Chapter 1251 - Temporary Guardianships › Subchapter A. Appointment of Temporary Guardian Generally › Section 1251.008. Rights of Proposed Ward at Hearing

Sec. 1251.008.  RIGHTS OF PROPOSED WARD AT HEARING.At a hearing under this subchapter, the proposed ward has the right to:
(1)  receive prior notice;
(2)  be represented by counsel;
(3)  be present;
(4)  present evidence;
(5)  confront and cross-examine witnesses; and
(6)  a closed hearing if requested by the proposed ward or the proposed ward's 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 G - Special Types of Guardianships › Chapter 1251 - Temporary Guardianships › Subchapter A. Appointment of Temporary Guardian Generally › Section 1251.009. Appearance by Proposed Temporary Guardian in Certain Circumstances

Sec. 1251.009.  APPEARANCE BY PROPOSED TEMPORARY GUARDIAN IN CERTAIN CIRCUMSTANCES.  If the applicant for a temporary guardianship is not the proposed temporary guardian, a temporary guardianship may not be granted before a hearing on the application required by Section 1251.006(b) unless the proposed temporary guardian appears in court.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle G - Special Types of Guardianships › Chapter 1251 - Temporary Guardianships › Subchapter A. Appointment of Temporary Guardian Generally › Section 1251.010. Order Appointing Temporary Guardian

Sec. 1251.010.  ORDER APPOINTING TEMPORARY GUARDIAN.  (a) The court shall appoint a temporary guardian by written order if, at the conclusion of the hearing required by Section 1251.006(b), the court determines that the applicant has established that there is substantial evidence that the proposed ward is an incapacitated person, that there is imminent danger that the proposed ward's physical health or safety will be seriously impaired, or that the proposed ward's estate will be seriously damaged or dissipated unless immediate action is taken.
(b)  The court shall assign to the temporary guardian only those powers and duties that are necessary to protect the proposed ward against the imminent danger shown.
(c)  The order appointing the temporary guardian must describe:
(1)  the reasons for the temporary guardianship; and
(2)  the powers and duties of the temporary 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 G - Special Types of Guardianships › Chapter 1251 - Temporary Guardianships › Subchapter A. Appointment of Temporary Guardian Generally › Section 1251.011. Certain Agency as Temporary Guardian

Sec. 1251.011.  CERTAIN AGENCY AS TEMPORARY GUARDIAN.  A court may not ordinarily appoint the Department of Aging and Disability Services as a temporary guardian under this chapter.  The appointment of the department as a temporary guardian under this chapter should be made only as a last resort.
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 G - Special Types of Guardianships › Chapter 1251 - Temporary Guardianships › Subchapter A. Appointment of Temporary Guardian Generally › Section 1251.012. Temporary Guardian's Bond

Sec. 1251.012.  TEMPORARY GUARDIAN'S BOND.  The court shall set bond for a temporary guardian according to Chapter 1105.
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 G - Special Types of Guardianships › Chapter 1251 - Temporary Guardianships › Subchapter A. Appointment of Temporary Guardian Generally › Section 1251.013. Court Costs

Sec. 1251.013.  COURT COSTS.  If the court appoints a temporary guardian after the hearing required by Section 1251.006(b), all court costs, including attorney's fees, may be assessed as provided by Sections 1155.054 and 1155.151.
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. 24, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle G - Special Types of Guardianships › Chapter 1251 - Temporary Guardianships › Subchapter B. Temporary Guardianship Pending Challenge or Contest of Certain Guardianship Applications › Section 1251.051. Authority to Appoint Temporary Guardian or Grant Restraining Order

Sec. 1251.051.  AUTHORITY TO APPOINT TEMPORARY GUARDIAN OR GRANT RESTRAINING ORDER.  The court, on the court's own motion or on the motion of any interested party, may appoint a temporary guardian or grant a temporary restraining order under Rule 680, Texas Rules of Civil Procedure, or both, without issuing additional citation if:
(1)  an application for a temporary guardianship, for the conversion of a temporary guardianship to a permanent guardianship, or for a permanent guardianship is challenged or contested; and
(2)  the court finds that the appointment or the issuance of the order is necessary to protect the proposed ward or the proposed ward's estate.
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 G - Special Types of Guardianships › Chapter 1251 - Temporary Guardianships › Subchapter B. Temporary Guardianship Pending Challenge or Contest of Certain Guardianship Applications › Section 1251.052. Qualification and Duration of Certain Temporary Guardianships

Sec. 1251.052.  QUALIFICATION AND DURATION OF CERTAIN TEMPORARY GUARDIANSHIPS.  (a)  A temporary guardian appointed under Section 1251.051 must qualify in the same form and manner required of a guardian under this title.
(b)  The term of a temporary guardian appointed under Section 1251.051 expires on the earliest of the following:
(1)  the conclusion of the hearing challenging or contesting the application;
(2)  the date a permanent guardian appointed by the court for the proposed ward qualifies to serve as the ward's guardian; or
(3)  the nine-month anniversary of the date the temporary guardian qualifies, unless the term is extended by court order issued after a motion to extend the term is filed and a hearing on the motion is held.
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. 23, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle G - Special Types of Guardianships › Chapter 1251 - Temporary Guardianships › Subchapter C. Powers and Duties of Temporary Guardians › Section 1251.101. Authority of Temporary Guardian

Sec. 1251.101.  AUTHORITY OF TEMPORARY GUARDIAN.  (a)  When the temporary guardian files the oath or declaration prescribed by Section 1105.051 and the bond required under this title, the court order appointing the temporary guardian takes effect without the necessity for issuance of letters of guardianship.
(b)  The clerk shall note compliance with the oath or declaration and bond requirements by the appointed temporary guardian on a certificate attached to the order.
(c)  The order appointing the temporary guardian is evidence of the temporary guardian's authority to act within the scope of the powers and duties stated in the order.
(d)  The clerk may not issue certified copies of the order until the oath or declaration and bond requirements are satisfied.
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. 56, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle G - Special Types of Guardianships › Chapter 1251 - Temporary Guardianships › Subchapter C. Powers and Duties of Temporary Guardians › Section 1251.102. Applicability of Guardianship Provisions

Sec. 1251.102.  APPLICABILITY OF GUARDIANSHIP PROVISIONS.  The provisions of this title relating to the guardianship of the persons and estates of incapacitated persons apply to the temporary guardianship of the persons and estates of incapacitated persons, to the extent the provisions may be made 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 G - Special Types of Guardianships › Chapter 1251 - Temporary Guardianships › Subchapter D. Expiration and Closing of Temporary Guardianship › Section 1251.151. Duration of Temporary Guardianship

Sec. 1251.151.  DURATION OF TEMPORARY GUARDIANSHIP.  Except as provided by Section 1251.052, a temporary guardianship may not remain in effect for more than 60 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 G - Special Types of Guardianships › Chapter 1251 - Temporary Guardianships › Subchapter D. Expiration and Closing of Temporary Guardianship › Section 1251.152. Accounting

Sec. 1251.152.  ACCOUNTING.  (a)  At the expiration of a temporary guardianship, the temporary guardian shall file with the court clerk:
(1)  a sworn list of all estate property that has come into the temporary guardian's possession;
(2)  a return of all sales made by the temporary guardian; and
(3)  a full exhibit and account of all the temporary guardian's acts as temporary guardian.
(b)  The court shall act on the list, return, exhibit, and account filed under Subsection (a).
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 G - Special Types of Guardianships › Chapter 1251 - Temporary Guardianships › Subchapter D. Expiration and Closing of Temporary Guardianship › Section 1251.153. Delivery of Estate, Filing of Final Report, and Discharge of Temporary Guardian

Sec. 1251.153.  DELIVERY OF ESTATE, FILING OF FINAL REPORT, AND DISCHARGE OF TEMPORARY GUARDIAN.  (a)  When temporary letters expire or cease to be effective for any reason, the court immediately shall enter an order requiring the temporary guardian to deliver the estate remaining in the temporary guardian's possession to the person legally entitled to possession of the estate.
(a-1)  At the expiration of a temporary guardianship of the person, the temporary guardian shall file with the court clerk a final report that:
(1)  if the ward is living, describes each reason the temporary guardianship of the person expired, including a statement of facts regarding whether the temporary guardianship expired because:
(A)  the ward was found by the court to have full capacity, or sufficient capacity with supports and services, to care for himself or herself;
(B)  alternatives to guardianship have been established to meet the needs of the ward; or
(C)  a permanent guardian appointed by the court has qualified to serve as the ward's guardian; or
(2)  if the ward is deceased, includes the date and place of death, if known, in the form and manner of the report required to be filed by a guardian of the person under Section 1163.103.
(b)  On proof of delivery under Subsection (a) and approval by the court of a final report filed with the court clerk under Subsection (a-1), as applicable:
(1)  the temporary guardian shall be discharged; and
(2)  the sureties on the temporary guardian's bond shall be released as to future liability.
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. 57, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 58, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 23, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 24, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle G - Special Types of Guardianships › Chapter 1252 - Guardianships for Nonresident Wards › Subchapter A. Resident Guardian of Nonresident Ward's Estate › Section 1252.001. Granting of Guardianship of Estate for Nonresident

Sec. 1252.001.  GRANTING OF GUARDIANSHIP OF ESTATE FOR NONRESIDENT.  (a)  A guardianship of the estate of a nonresident incapacitated person who owns property in this state may be granted, if necessary, in the same manner as for the property of a resident of this state.
(b)  A court in the county in which the principal estate of the nonresident incapacitated person is located has jurisdiction to appoint the 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 G - Special Types of Guardianships › Chapter 1252 - Guardianships for Nonresident Wards › Subchapter A. Resident Guardian of Nonresident Ward's Estate › Section 1252.002. Court Actions and Orders Concerning Estate

Sec. 1252.002.  COURT ACTIONS AND ORDERS CONCERNING ESTATE.  The court shall take all actions and make all necessary orders with respect to the estate described by Section 1252.001 of a nonresident ward for the maintenance, support, care, or education of the ward out of the proceeds of the estate, in the same manner as if the ward were a resident of this state sent abroad by the court for education or treatment.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.