Texas Estates Code Title 3, Chapter 1202 - Modification Or Termination Of Guardianship

SUBCHAPTER A TERMINATION AND SETTLEMENT OF GUARDIANSHIP

• Texas Section 1202.001 - Term Of Guardian Or Guardianship
  (a) Unless otherwise discharged as provided by law, a guardian remains in office until the estate is closed. (b) A guardianship shall be settled and...

SUBCHAPTER B APPLICATION FOR COMPLETE RESTORATION OF WARD'S CAPACITY OR MODIFICATION OF GUARDIANSHIP

• Texas Section 1202.002 - Termination Of Guardianship If Parent Is No Longer Incapacitated
  (a) The powers of a person appointed to serve as the designated guardian of the person or estate, or both, of a minor child solely...
• Texas Section 1202.051 - Application Authorized
  A ward or any person interested in the ward's welfare may file a written application with the court for an order: (1) finding that the...
• Texas Section 1202.052 - Contents Of Application
  An application filed under Section 1202.051 must be sworn to by the applicant and must state: (1) the ward's name, sex, date of birth, and...
• Texas Section 1202.053 - Citation Required
  When an application is filed under Section 1202.051, citation shall be served on: (1) the ward's guardian; and (2) the ward if the ward is...
• Texas Section 1202.054 - Informal Request For Order By Ward; Investigation And Report
  (a) A ward may request an order under Section 1202.051 by informal letter to the court. A person who knowingly interferes with the transmission of...

SUBCHAPTER C REPRESENTATION OF WARD IN PROCEEDING FOR COMPLETE RESTORATION OF WARD'S CAPACITY OR MODIFICATION OF GUARDIANSHIP

• Texas Section 1202.055 - Restriction On Subsequent Application Regarding Capacity Or Modification
  A person may not reapply for complete restoration of a ward's capacity or modification of a ward's guardianship before the first anniversary of the date...
• Texas Section 1202.101 - Appointment Of Attorney Ad Litem
  The court shall appoint an attorney ad litem to represent a ward in a proceeding for the complete restoration of the ward's capacity or for...
• Texas Section 1202.102 - Compensation For Attorney Ad Litem And Guardian Ad Litem
  (a) An attorney ad litem appointed under Section 1202.101 is entitled to reasonable compensation for services in the amount set by the court to be...

SUBCHAPTER D HEARING, EVIDENCE, AND ORDERS IN PROCEEDING FOR COMPLETE RESTORATION OF WARD'S CAPACITY OR MODIFICATION OF GUARDIANSHIP

• Texas Section 1202.103 - Retention And Compensation Of Attorney For Ward
  (a) A ward may retain an attorney for a proceeding involving the complete restoration of the ward's capacity or modification of the ward's guardianship. (b)...
• Texas Section 1202.151 - Evidence And Burden Of Proof At Hearing
  (a) Except as provided by Section 1202.201, at a hearing on an application filed under Section 1202.051, the court shall consider only evidence regarding the...
• Texas Section 1202.152 - Physician's Letter Or Certificate Required
  (a) The court may not grant an order completely restoring a ward's capacity or modifying a ward's guardianship under an application filed under Section 1202.051...
• Texas Section 1202.153 - Findings Required
  (a) Before ordering the settlement and closing of a guardianship under an application filed under Section 1202.051, the court must find by a preponderance of...
• Texas Section 1202.154 - General Requirements For Order
  (a) A court order entered with respect to an application filed under Section 1202.051 to completely restore a ward's capacity or modify a ward's guardianship...
• Texas Section 1202.155 - Additional Requirements For Order Restoring Ward's Capacity
  If the court finds that a ward is no longer an incapacitated person, the order completely restoring the ward's capacity must contain findings of fact...
• Texas Section 1202.156 - Additional Requirements For Order Modifying Guardianship
  If the court finds that a guardian's powers or duties should be expanded or limited, the order modifying the guardianship must contain findings of fact...

SUBCHAPTER E RESTORATION OF RIGHTS ON TERMINATION OF GUARDIANSHIP

• Texas Section 1202.157 - Additional Requirements For Order Dismissing Application
  If the court finds that a modification of the ward's guardianship is not necessary or that the ward's capacity has not been restored, the court...
• Texas Section 1202.201 - Removal Of Firearm Disability On Complete Restoration Of Ward's Capacity
  (a) A person whose guardianship was terminated because the person's capacity was completely restored may file an application with the court that created the guardianship...

Last modified: September 28, 2016