SUBCHAPTER A GENERAL PROVISIONS RELATING TO APPOINTMENT OF GUARDIAN
- Texas Section 1104.001 - Guardian Of The Person Or Estate
(a) Only one person may be appointed as guardian of the person or estate, but one person may be appointed guardian of the person and...
SUBCHAPTER B SELECTION OF GUARDIAN FOR MINOR
- Texas Section 1104.002 - Preference Of Incapacitated Person
Before appointing a guardian, the court shall make a reasonable effort to consider the incapacitated person's preference of the person to be appointed guardian and,...
- Texas Section 1104.051 - Guardian Of Minor Children
(a) If the parents live together, both parents are the natural guardians of the person of the minor children by the marriage, and one of...
- Texas Section 1104.052 - Guardian For Minor Orphan
In appointing a guardian for a minor orphan: (1) if the last surviving parent did not appoint a guardian, the nearest ascendant in the direct...
- Texas Section 1104.053 - Guardian Designated By Will Or Written Declaration
(a) Notwithstanding Section 1104.001 or 1104.051, the surviving parent of a minor may by will or written declaration appoint any eligible person to be guardian...
SUBCHAPTER C SELECTION OF GUARDIAN FOR INCAPACITATED PERSON OTHER THAN MINOR
- Texas Section 1104.054 - Selection Of Guardian By Minor
(a) Notwithstanding any other provision of this subchapter, if an application is filed for the guardianship of the person or estate, or both, of a...
- Texas Section 1104.101 - Appointment According To Circumstances And Best Interests
The court shall appoint a guardian for an incapacitated person other than a minor according to the circumstances and considering the incapacitated person's best interests....
- Texas Section 1104.102 - Appointment Preferences
If the court finds that two or more eligible persons are equally entitled to be appointed guardian of an incapacitated person: (1) the incapacitated person's...
SUBCHAPTER D WRITTEN DECLARATION BY CERTAIN PARENTS TO APPOINT GUARDIAN FOR THEIR CHILDREN
- Texas Section 1104.103 - Designation Of Guardian By Will Or Written Declaration
(a) The surviving parent of an adult individual who is an incapacitated person may, if the parent is the guardian of the person of the...
- Texas Section 1104.151 - Definitions
In this subchapter: (1) "Declaration" means a written declaration of a person that: (A) appoints a guardian for the person's child under Section 1104.053(a) or...
- Texas Section 1104.152 - Requirements For Declaration
(a) A declaration appointing an eligible person to be guardian of the person of a parent's child under Section 1104.053(a) or 1104.103(a) must be signed...
- Texas Section 1104.153 - Form And Content Of Declaration And Self-proving Affidavit
(a) A declaration and affidavit may be in any form adequate to clearly indicate the declarant's intention to designate a guardian for the declarant's child....
- Texas Section 1104.154 - Alternative To Self-proving Affidavit
(a) As an alternative to the self-proving affidavit authorized by Section 1104.153, a declaration of appointment of a guardian for the declarant's children in the...
- Texas Section 1104.155 - Alternate Self-proving Of Declaration
At any time during the declarant's lifetime, a declaration described by Section 1104.152(a)(1) may be made self-proved in the same form and manner that a...
- Texas Section 1104.156 - 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...
- Texas Section 1104.157 - 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...
- Texas Section 1104.158 - Prima Facie Evidence
A properly executed and witnessed self-proving declaration, including a declaration and self-proving affidavit described by Section 1104.152(c), is prima facie evidence that: (1) the declarant...
- Texas Section 1104.159 - 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...
SUBCHAPTER E WRITTEN DECLARATION TO DESIGNATE GUARDIAN BEFORE NEED ARISES
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 1104.203 - Requirements For Declaration
(a) 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...
- Texas Section 1104.204 - Form And Content Of Declaration And Self-proving Affidavit
(a) A declaration and affidavit may be in any form adequate to clearly indicate the declarant's intention to designate a guardian. (b) The following form...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER F CERTIFICATION REQUIREMENTS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER G PRIVATE PROFESSIONAL GUARDIANS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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,...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER H GROUNDS FOR DISQUALIFICATION
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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.,...
- Texas Section 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....
- Texas Section 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...
SUBCHAPTER I ACCESS TO CRIMINAL HISTORY RECORDS
- Texas Section 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...
- Texas Section 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,...
- Texas Section 1104.402 - Court Clerk's Duty To Obtain Criminal History Record Information; Authority To Charge Fee
(a) Except as provided by Section 1104.403, 1104.404, or 1104.406(a), the clerk of the county having venue of the proceeding for the appointment of a...
- Texas Section 1104.403 - Submission Of Criminal History Record Information By Proposed Guardian
Not later than the 10th day before the date of the hearing to appoint a guardian, a person may submit to the clerk a copy...
- Texas Section 1104.404 - Exception For Information Concerning Certain Persons Holding A Certificate
(a) The clerk described by Section 1104.402 is not required to obtain criminal history record information for a person who holds a certificate issued under...
- Texas Section 1104.405 - Information For Exclusive Use Of Court
(a) Criminal history record information obtained or provided under Section 1104.402, 1104.403, or 1104.404 is privileged and confidential and is for the exclusive use of...
- Texas Section 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...
- Texas Section 1104.407 - Duty To Provide Information On Request
The department shall provide the information obtained under Section 1104.406(a) to: (1) the clerk of the county having venue of the guardianship proceeding at the...
- Texas Section 1104.408 - Information For Exclusive Use Of Court Or Guardianship Certification Program Of Judicial Branch Certification Commission
(a) Criminal history record information obtained under Section 1104.407 is privileged and confidential and is for the exclusive use of the court or guardianship certification...
- Texas Section 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...
- Texas Section 1104.410 - Use Of Information By Guardianship Certification Program Of Judicial Branch Certification Commission
Criminal history record information obtained by the guardianship certification program of the Judicial Branch Certification Commission under Section 1104.407(2) may be used for any purpose...
- Texas Section 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...
- Texas Section 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...