Texas Estates Code Title 3, Chapter 1203 - Resignation, Removal, Or Death Of Guardian; Appointment Of Successor

SUBCHAPTER A RESIGNATION OF GUARDIAN

• Texas Section 1203.001 - Resignation Application
  A guardian of the estate or guardian of the person who wishes to resign the guardian's trust shall file a written application with the court...
• Texas Section 1203.002 - Immediate Acceptance Of Resignation; Discharge And Release
  (a) If the necessity exists, the court may immediately accept the resignation of a guardian and appoint a successor guardian as provided by Section 1203.102(b)....
• Texas Section 1203.003 - Delivery Of Estate Property To Successor Guardian Following Resignation
  The court at any time may order a resigning guardian who has any part of a ward's estate to deliver any part of the estate...
• Texas Section 1203.004 - Hearing Date; Citation
  (a) When an application to resign as guardian is filed under Section 1203.001, supported by the exhibit and final account or report required under that...
• Texas Section 1203.005 - Hearing
  (a) At the time set for the hearing under Section 1203.004, unless the court continues the hearing, and if the court finds that the citation...

SUBCHAPTER B REMOVAL AND REINSTATEMENT OF GUARDIAN

• Texas Section 1203.006 - Requirements For Discharge
  (a) A guardian applying to resign may not be discharged until: (1) the resignation application has been heard; (2) the exhibit and final account or...
• Texas Section 1203.051 - Removal Without Notice; Appointment Of Guardian Ad Litem And Attorney Ad Litem
  (a) The court, on the court's own motion or on the motion of an interested person, including the ward, and without notice, may remove a...
• Texas Section 1203.052 - Removal With Notice
  (a) The court may remove a guardian on the court's own motion, or on the complaint of an interested person, after the guardian has been...
• Texas Section 1203.053 - Removal Order
  An order removing a guardian shall: (1) state the cause of the removal; (2) require that, if the removed guardian has been personally served with...
• Texas Section 1203.0531 - Notice Of Removal Order
  The court clerk shall issue notice of an order rendered by the court removing a guardian under Section 1203.051(a)(1), (2), (3), (4), (6), or (7)....
• Texas Section 1203.054 - Discharge And Release Following Removal
  With respect to a person who is removed as guardian of the estate and whose successor is appointed without citation or notice as provided by...
• Texas Section 1203.055 - Delivery Of Estate Property To Successor Guardian Following Removal
  The court at any time may order a person removed as guardian under this subchapter who has any part of a ward's estate to deliver...
• Texas Section 1203.056 - Removal And Reinstatement Of Guardian Under Certain Circumstances
  (a) The court may remove a guardian under Section 1203.051(a)(6)(A) or (B) only on the presentation of clear and convincing evidence given under oath. (b)...

SUBCHAPTER C APPOINTMENT OF SUCCESSOR GUARDIAN; REVOCATION OF LETTERS

• Texas Section 1203.057 - Removal Of Joint Guardian
  If a joint guardian is removed under Section 1203.052(a)(10), the other joint guardian is entitled to continue to serve as the sole guardian unless removed...
• Texas Section 1203.101 - Requirements For Revocation Of Letters
  Except as otherwise expressly provided by this title, letters of guardianship may be revoked only: (1) on application; and (2) after personal service of citation...
• Texas Section 1203.102 - Appointment Because Of Resignation, Removal, Or Death; Hearing To Set Aside Immediate Appointment
  (a) If a guardian resigns, is removed, or dies, the court may appoint a successor guardian on application and on service of notice as directed...
• Texas Section 1203.103 - Appointment Because Of Existence Of Prior Right
  If letters of guardianship have been granted to a person and another person applies for letters, the previously issued letters shall be revoked, and letters...
• Texas Section 1203.104 - Appointment When Guardian Named In Will Becomes An Adult
  (a) A person named as guardian in a will who was not an adult when the will was probated is entitled to have letters of...
• Texas Section 1203.105 - Appointment Of Formerly Ill Or Absent Guardian Named In Will
  (a) This section applies only to a person named as guardian in a will who was ill or absent from the state when the testator...
• Texas Section 1203.106 - Appointment When Will Discovered After Grant Of Letters
  If, after letters of guardianship have been issued, it is discovered that the decedent left a lawful will, the letters shall be revoked and proper...
• Texas Section 1203.107 - Appointment On Removal Of Litigation Conflict
  The court may appoint as successor guardian a spouse, parent, or child of a proposed ward who was disqualified from serving as guardian because of...

SUBCHAPTER D SUCCESSOR GUARDIANS FOR WARDS OF GUARDIANSHIP PROGRAMS OR GOVERNMENTAL ENTITIES

• Texas Section 1203.108 - Appointment Of Department Of Aging And Disability Services As Successor Guardian
  (a) In this section, "department" means the Department of Aging and Disability Services. (b) The court may appoint the department as a successor guardian of...
• Texas Section 1203.151 - Notice Of Availability Of Successor Guardian
  (a) If a guardianship program or governmental entity serving as a guardian for a ward under this title becomes aware of a family member or...
• Texas Section 1203.152 - Determination Of Proposed Successor Guardian's Qualification To Serve
  When the court is notified of the existence of a proposed successor guardian under Section 1203.151(a), or the court otherwise becomes aware of a family...

SUBCHAPTER E PROCEDURES AFTER RESIGNATION, REMOVAL, OR DEATH OF GUARDIAN

• Texas Section 1203.153 - Application To Appoint Successor Guardian
  (a) If the court finds under Section 1203.152 that the proposed successor guardian for a ward is not disqualified from being appointed as the ward's...
• Texas Section 1203.201 - Payment To Ward While Office Of Guardian Is Vacant
  (a) A debtor, obligor, or payor may pay or tender money or another thing of value falling due to a ward while the office of...
• Texas Section 1203.202 - Rights, Powers, And Duties Of Successor Guardian
  (a) A successor guardian has the rights and powers and is subject to all the duties of the predecessor. (b) A guardian who accepts appointment...
• Texas Section 1203.203 - Successor Guardian To Return Inventory, Appraisement, And List Of Claims
  (a) A successor guardian who has qualified to succeed a former guardian shall, in the manner required of an original appointee: (1) make and return...

Last modified: September 28, 2016