Texas Estates Code Title 3, Chapter 1101 - General Procedure To Appoint Guardian

SUBCHAPTER A INITIATION OF PROCEEDING FOR APPOINTMENT OF GUARDIAN

• Texas Section 1101.001 - Application For Appointment Of Guardian; Contents
  (a) Any person may commence a proceeding for the appointment of a guardian by filing a written application in a court having jurisdiction and venue....

SUBCHAPTER B HEARING; JURY TRIAL

• Texas Section 1101.002 - Contents Of Application; Confidentiality Of Certain Addresses
  An application filed under Section 1101.001 may omit the address of a person named in the application if: (1) the application states that the person...
• Texas Section 1101.051 - Hearing
  (a) At a hearing for the appointment of a guardian, the court shall: (1) inquire into the ability of any allegedly incapacitated adult to: (A)...
• Texas Section 1101.052 - Jury Trial
  A proposed ward is entitled to a jury trial on request. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff....

SUBCHAPTER C DETERMINATION OF NECESSITY OF GUARDIANSHIP; FINDINGS AND PROOF

• Texas Section 1101.053 - Provision Of Records Required; Use Of Records
  (a) Before a hearing may be held for the appointment of a guardian, current and relevant medical, psychological, and intellectual testing records of the proposed...
• Texas Section 1101.101 - Findings And Proof Required
  (a) Before appointing a guardian for a proposed ward, the court must: (1) find by clear and convincing evidence that: (A) the proposed ward is...
• Texas Section 1101.102 - Determination Of Incapacity Of Certain Adults: Recurring Acts Or Occurrences
  A determination of incapacity of an adult proposed ward, other than a person who must have a guardian appointed to receive funds due the person...
• Texas Section 1101.103 - Determination Of Incapacity Of Certain Adults: Physician Examination
  (a) Except as provided by Section 1101.104, the court may not grant an application to create a guardianship for an incapacitated person, other than a...
• Texas Section 1101.104 - Examinations And Documentation Regarding Intellectual Disability
  If an intellectual disability is the basis of the proposed ward's alleged incapacity, the court may not grant an application to create a guardianship for...
• Texas Section 1101.105 - Prohibition Against Consideration Of Age As Sole Factor In Appointment Of Guardian For Adults
  In determining whether to appoint a guardian for an incapacitated person who is not a minor, the court may not use age as the sole...

SUBCHAPTER D COURT ACTION

• Texas Section 1101.106 - Evidence Of Necessity Of Guardianship To Receive Governmental Funds
  A certificate of the executive head or a representative of a bureau, department, or agency of the government, to the effect that the appointment of...
• Texas Section 1101.151 - Order Appointing Guardian With Full Authority
  (a) If it is found that the proposed ward is totally without capacity to care for himself or herself, manage his or her property, operate...
• Texas Section 1101.152 - Order Appointing Guardian With Limited Authority
  (a) If it is found that the proposed ward lacks the capacity to do some, but not all, of the tasks necessary to care for...
• Texas Section 1101.153 - General Contents Of Order Appointing Guardian
  (a) A court order appointing a guardian must specify: (1) the name of the person appointed; (2) the name of the ward; (3) whether the...
• Texas Section 1101.154 - Appointment Of Guardian Of Estate For Certain Minors Prohibited
  A court may not appoint a guardian of the estate of a minor when a payment of claims is made under Chapter 1355. Added by...
• Texas Section 1101.155 - Dismissal Of Application
  If it is found that a proposed ward who is an adult possesses the capacity to care for himself or herself and manage his or...
• Texas Section 1101.156 - Deposit Of Estate Assets
  (a) At the time or after an order appointing a guardian is signed by the court but before letters of guardianship are issued, a court...

Last modified: September 28, 2016