Texas Estates Code Title 3, Chapter 1151 - Rights, Powers, And Duties Under Guardianship

SUBCHAPTER A RIGHTS, POWERS, AND DUTIES IN GENERAL

• Texas Section 1151.001 - Rights And Powers Retained By Ward
  An incapacitated person for whom a guardian is appointed retains all legal and civil rights and powers except those designated by court order as legal...
• Texas Section 1151.002 - Rights Of Good Faith Purchasers
  (a) This section applies only to a guardian who has qualified acting as guardian and in conformity with the law and the guardian's authority. (b)...
• Texas Section 1151.003 - Guardian May Not Dispute Ward's Right To Property; Exception
  A guardian, or an heir, executor, administrator, or assignee of a guardian, may not dispute the right of the ward to any property that came...

SUBCHAPTER B POWERS AND DUTIES OF GUARDIANS RELATING TO CARE OF WARD

• Texas Section 1151.004 - Powers And Duties Of Person Serving As Guardian Of Both Person And Estate
  The guardian of both the person and the estate of a ward has all the rights and powers and shall perform all the duties of...
• Texas Section 1151.051 - General Powers And Duties Of Guardians Of The Person
  (a) The guardian of the person of a ward is entitled to take charge of the person of the ward. (b) The duties of the...
• Texas Section 1151.052 - Care Of Adult Ward
  (a) The guardian of an adult ward may spend funds of the guardianship as provided by court order to care for and maintain the ward....
• Texas Section 1151.053 - Commitment Of Ward
  (a) Except as provided by Subsection (b) or (c), a guardian may not voluntarily admit a ward to a public or private inpatient psychiatric facility...
• Texas Section 1151.054 - Administration Of Medication
  (a) In this section, "psychoactive medication" has the meaning assigned by Section 574.101, Health and Safety Code. (b) The guardian of the person of a...
• Texas Section 1151.055 - Application By Certain Relatives For Access To Ward; Hearing And Court Order
  (a) This section applies to a relative described under Sections 1101.001(b)(13)(A)-(D). (b) A relative of a ward may file an application with the court requesting...

SUBCHAPTER C GENERAL POWERS AND DUTIES OF GUARDIANS OF THE ESTATE

• Texas Section 1151.056 - Guardian's Duty To Inform Certain Relatives About Ward's Health And Residence
  (a) This section applies with respect to relatives described under Sections 1101.001(b)(13)(A)-(D). (b) Except as provided by Subsection (e), the guardian of an adult ward...
• Texas Section 1151.101 - General Powers And Duties
  (a) Subject to Subsection (b), the guardian of the estate of a ward is entitled to: (1) possess and manage all property belonging to the...
• Texas Section 1151.102 - Exercise Of Authority Under Court Order
  (a) The guardian of the estate may renew or extend any obligation owed by or to the ward on application and if authorized by order....
• Texas Section 1151.103 - Exercise Of Authority Without Court Order
  (a) The guardian of the estate of a ward may, without application to or order of the court: (1) release a lien on payment at...
• Texas Section 1151.104 - Authority To Commence Suits
  (a) The guardian of the estate of a ward appointed in this state may commence a suit for: (1) the recovery of personal property, debts,...

SUBCHAPTER D POSSESSION AND CARE OF WARD'S PROPERTY BY GUARDIAN OF THE ESTATE

• Texas Section 1151.105 - Ordinary Diligence Required
  (a) If there is a reasonable prospect of collecting the claims or recovering the property, the guardian of the estate shall use ordinary diligence to:...
• Texas Section 1151.151 - Duty Of Care
  (a) The guardian of the estate shall take care of and manage the estate as a prudent person would manage the person's own property, except...
• Texas Section 1151.152 - Possession Of Personal Property And Records
  (a) Immediately after receiving letters of guardianship, the guardian of the estate shall collect and take possession of the ward's personal property, record books, title...
• Texas Section 1151.153 - Possession Of Property Held In Common Ownership
  The guardian of the estate is entitled to possession of a ward's property held or owned in common with a part owner in the same...
• Texas Section 1151.154 - Administration Of Partnership Interest
  (a) This section applies only to a general partnership governed by a partnership agreement or articles of partnership that provide that, on the incapacity of...

SUBCHAPTER E AUTHORITY OF GUARDIAN TO ENGAGE IN CERTAIN BORROWING

• Texas Section 1151.155 - Operation Or Rental Of Farm, Ranch, Factory, Or Other Business
  (a) If the ward owns a farm, ranch, factory, or other business that is not required to be immediately sold for the payment of a...
• Texas Section 1151.201 - Mortgage Or Pledge Of Estate Property Authorized In Certain Circumstances
  (a) Under court order, the guardian may mortgage or pledge any property of a guardianship estate by deed of trust or otherwise as security for...
• Texas Section 1151.202 - Application; Order
  (a) The guardian of the estate must file a sworn application with the court for authority to: (1) borrow money for a purpose authorized by...

SUBCHAPTER F GUARDIANS APPOINTED FOR WARD TO RECEIVE GOVERNMENT FUNDS

• Texas Section 1151.203 - Term Of Loan Or Renewal
  The term of a loan or renewal authorized under Section 1151.202 must be for the length of time that the court determines to be in...
• Texas Section 1151.251 - Powers And Duties Of Guardian Appointed As Necessary For Ward To Receive Government Funds
  (a) A guardian of the person for whom it is necessary to have a guardian appointed to receive funds from a governmental source may: (1)...

SUBCHAPTER G NOTICE BY GUARDIAN TO DEPARTMENT OF VETERANS AFFAIRS

• Texas Section 1151.252 - Validation Of Certain Prior Acts Of Guardian
  An act performed before September 1, 1993, by a guardian of the estate of a person for whom it is necessary to have a guardian...

SUBCHAPTER H RIGHTS OF WARDS

• Texas Section 1151.301 - Notice Of Filing Required; Hearing Date
  (a) This section applies only to: (1) a filing by a guardian whose ward is a beneficiary of the Department of Veterans Affairs of: (A)...
• Texas Section 1151.351 - Bill Of Rights For Wards
  (a) A ward has all the rights, benefits, responsibilities, and privileges granted by the constitution and laws of this state and the United States, except...

Last modified: September 28, 2016