Sec. 1054.056. IMMUNITY. (a) Subject to Subsection (b), a guardian ad litem appointed under this subchapter or Section 1102.001 or 1202.054 to represent the interests of an incapacitated person in a guardianship proceeding involving the creation, modification, or termination of a guardianship is not liable for civil damages arising from a recommendation made or an opinion given in the capacity of guardian ad litem.
(b) This section does not apply to a recommendation or opinion that is:
(1) wilfully wrongful;
(2) given:
(A) with conscious indifference to or reckless disregard for the safety of another;
(B) with malice; or
(C) in bad faith; or
(3) grossly negligent.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Last modified: September 28, 2016