Texas Probate Code - Section 761. Removal
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§ 761. REMOVAL. (a) The court, on its own motion or on
motion of any interested person, including the ward, and without
notice, may remove any guardian, appointed under this chapter, who:
(1) neglects to qualify in the manner and time required by
law;
(2) fails to return within 30 days after qualification,
unless the time is extended by order of the court, an inventory of
the property of the guardianship estate and list of claims that have
come to the guardian's knowledge;
(3) having been required to give a new bond, fails to do so
within the time prescribed;
(4) absents himself from the state for a period of three
months at one time without permission of the court, or removes from
the state;
(5) cannot be served with notices or other processes because
of the fact that:
(A) the guardian's whereabouts are unknown;
(B) the guardian is eluding service; or
(C) the guardian is a nonresident of this state who does not
have a resident agent to accept service of process in any
guardianship proceeding or other matter relating to the
guardianship;
(6) has misapplied, embezzled, or removed from the state, or
is about to misapply, embezzle, or remove from the state, all or any
part of the property committed to the guardian's care;
(7) has neglected or cruelly treated a ward; or
(8) has neglected to educate or maintain the ward as
liberally as the means of the ward and the condition of the ward's
estate permit.
(b) The court may remove a personal representative under
Subsection (a)(6) or (7) of this section only on the presentation of
clear and convincing evidence given under oath.
(c) The court may remove a guardian on its own motion, or on
the complaint of an interested person, after the guardian has been
cited by personal service to answer at a time and place set in the
notice, when:
(1) sufficient grounds appear to support belief that the
guardian has misapplied, embezzled, or removed from the state, or
that the guardian is about to misapply, embezzle, or remove from the
state, all or any part of the property committed to the care of the
guardian;
(2) the guardian fails to return any account or report that
is required by law to be made;
(3) the guardian fails to obey any proper order of the court
having jurisdiction with respect to the performance of the
guardian's duties;
(4) the guardian is proved to have been guilty of gross
misconduct or mismanagement in the performance of the duties of the
guardian;
(5) the guardian becomes incapacitated, or is sentenced to
the penitentiary, or from any other cause becomes incapable of
properly performing the duties of the guardian's trust;
(6) the guardian neglects or cruelly treats the ward;
(6-a) the guardian neglects to educate or maintain the ward
as liberally as the means of the ward's estate and the ward's
ability or condition permit;
(7) the guardian interferes with the ward's progress or
participation in programs in the community;
(8) the guardian fails to comply with the requirements of
Section 697 of this code; or
(9) the court determines that, because of the dissolution of
the joint guardians' marriage, the termination of the guardians'
joint appointment and the continuation of only one of the joint
guardians as the sole guardian is in the best interest of the ward.
(d) The order of removal shall state the cause of the
removal. It must require that any letters issued to the person who
is removed shall, if the removed person has been personally served
with citation, be surrendered and that all those letters be
cancelled of record, whether or not delivered. It must further
require, as to all the estate remaining in the hands of a removed
person, delivery of the estate to the person or persons entitled to
the estate, or to one who has been appointed and has qualified as
successor guardian, and as to the person of a ward, that control be
relinquished as required in the order.
(e) If a joint guardian is removed under Subsection (c)(9)
of this section, the other joint guardian is entitled to continue to
serve as the sole guardian unless removed for a reason other than
the dissolution of the joint guardians' marriage.
(f) If the necessity exists, the court may immediately
appoint a successor but may not discharge the person removed as
guardian of the estate or release the person or the sureties on the
person's bond until final order or judgment is rendered on the final
account of the guardian.
(g) The court at any time may order a person removed as
guardian under this section who has all or part of the estate of a
ward to deliver all or part of the ward's estate to a person who has
been appointed and has qualified as successor guardian.
Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 1039, § 50, eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 217, § 15, eff. Sept. 1, 2001.
Subsec. (a) amended by Acts 2005, 79th Leg., ch. 5, § 1, eff.
April 27, 2005; Subsecs. (a) and (c) amended by Acts 2005, 79th
Leg., ch. 127, § 1, eff. Sept. 1, 2005; Subsec. (a) amended by
Acts 2005, 79th Leg., ch. 200, § 5, eff. Sept. 1, 2005.
Section: 756 757 758 759 760 760A 760B 761 762 763 764 765 767 768 769
Last modified: August 11, 2007
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