Texas Estates Code Title 3, Chapter 1251 - Temporary Guardianships

SUBCHAPTER A APPOINTMENT OF TEMPORARY GUARDIAN GENERALLY

• Texas Section 1251.001 - Appointment Of Temporary Guardian
  (a) A court shall appoint a temporary guardian, with limited powers as the circumstances of the case require, if the court: (1) is presented with...
• Texas Section 1251.002 - No Presumption Of Incapacity
  A person for whom a temporary guardian is appointed under this chapter may not be presumed to be incapacitated. Added by Acts 2011, 82nd Leg.,...
• Texas Section 1251.003 - Application
  (a) A sworn, written application for the appointment of a temporary guardian shall be filed before the court appoints a temporary guardian. (b) The application...
• Texas Section 1251.004 - Appointment Of Attorney
  On the filing of an application for temporary guardianship, the court shall appoint an attorney to represent the proposed ward in all guardianship proceedings in...
• Texas Section 1251.005 - Notice Of Application
  (a) On the filing of an application for temporary guardianship, the clerk shall issue notice to be served on: (1) the proposed ward; (2) the...
• Texas Section 1251.006 - Scheduling Of Hearing
  (a) Immediately after an application for a temporary guardianship is filed, the court shall issue an order setting a certain date for the hearing on...
• Texas Section 1251.007 - Motion For Dismissal Of Application
  (a) Subject to Subsection (b), the proposed ward or the proposed ward's attorney may appear and move for the dismissal of the application for temporary...
• Texas Section 1251.008 - Rights Of Proposed Ward At Hearing
  Sec. 1251.008. RIGHTS OF PROPOSED WARD AT HEARING.At a hearing under this subchapter, the proposed ward has the right to: (1) receive prior notice; (2)...
• Texas Section 1251.009 - Appearance By Proposed Temporary Guardian In Certain Circumstances
  If the applicant for a temporary guardianship is not the proposed temporary guardian, a temporary guardianship may not be granted before a hearing on the...
• Texas Section 1251.010 - Order Appointing Temporary Guardian
  (a) The court shall appoint a temporary guardian by written order if, at the conclusion of the hearing required by Section 1251.006(b), the court determines...
• Texas Section 1251.011 - Certain Agency As Temporary Guardian
  A court may not ordinarily appoint the Department of Aging and Disability Services as a temporary guardian under this chapter. The appointment of the department...
• Texas Section 1251.012 - Temporary Guardian's Bond
  The court shall set bond for a temporary guardian according to Chapter 1105. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec....

SUBCHAPTER B TEMPORARY GUARDIANSHIP PENDING CHALLENGE OR CONTEST OF CERTAIN GUARDIANSHIP APPLICATIONS

• Texas Section 1251.013 - Court Costs
  If the court appoints a temporary guardian after the hearing required by Section 1251.006(b), all court costs, including attorney's fees, may be assessed as provided...
• Texas Section 1251.051 - Authority To Appoint Temporary Guardian Or Grant Restraining Order
  The court, on the court's own motion or on the motion of any interested party, may appoint a temporary guardian or grant a temporary restraining...

SUBCHAPTER C POWERS AND DUTIES OF TEMPORARY GUARDIANS

• Texas Section 1251.052 - Qualification And Duration Of Certain Temporary Guardianships
  (a) A temporary guardian appointed under Section 1251.051 must qualify in the same form and manner required of a guardian under this title. (b) The...
• Texas Section 1251.101 - Authority Of Temporary Guardian
  (a) When the temporary guardian files the oath and bond required under this title, the court order appointing the temporary guardian takes effect without the...

SUBCHAPTER D EXPIRATION AND CLOSING OF TEMPORARY GUARDIANSHIP

• Texas Section 1251.102 - Applicability Of Guardianship Provisions
  The provisions of this title relating to the guardianship of the persons and estates of incapacitated persons apply to the temporary guardianship of the persons...
• Texas Section 1251.151 - Duration Of Temporary Guardianship
  Except as provided by Section 1251.052, a temporary guardianship may not remain in effect for more than 60 days. Added by Acts 2011, 82nd Leg.,...
• Texas Section 1251.152 - Accounting
  (a) At the expiration of a temporary guardianship, the temporary guardian shall file with the court clerk: (1) a sworn list of all estate property...
• Texas Section 1251.153 - Delivery Of Estate; Discharge Of Temporary Guardian
  (a) When temporary letters expire or cease to be effective for any reason, the court immediately shall enter an order requiring the temporary guardian to...

Last modified: September 28, 2016