Estates Code › Title 3 › Chapter 1054 › Subchapter B

Texas Estates Code § 1054.056

Immunity

Court Officers, Court-Appointed Persons, and Attorneys · Guardians Ad Litem

The Legislature has enacted more than one Estates Code section numbered 1054.056. This is version 1, in Subchapter B.

(a) Subject to Subsection (b), a guardian ad litem appointed under this subchapter or Section 1102.001 or 1202.054 to represent the interests of an incapacitated person in a guardianship proceeding involving the creation, modification, or termination of a guardianship is not liable for civil damages arising from a recommendation made or an opinion given in the capacity of guardian ad litem.

(b) This section does not apply to a recommendation or opinion that is:

(1) wilfully wrongful;

(2) given:

(A) with conscious indifference to or reckless disregard for the safety of another;

(B) with malice; or

(C) in bad faith; or

(3) grossly negligent.

Official text of the Texas Estates Code as published by the Texas Legislative Council.

Official source
Legislative history

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.

This section refers to

§ 1102.001§ 1202.054