Estates Code › Title 3 › Chapter 1101 › Subchapter D

Texas Estates Code § 1101.153

General Contents of Order Appointing Guardian

General Procedure to Appoint Guardian · Court Action

(a) A court order appointing a guardian must:

(1) specify:

(A) the name of the person appointed;

(B) the name of the ward;

(C) whether the guardian is of the person or estate of the ward, or both;

(D) the amount of any bond required;

(E) if it is a guardianship of the estate of the ward and the court considers an appraisal to be necessary, one, two, or three disinterested persons to appraise the estate and to return the appraisement to the court; and

(F) that the clerk will issue letters of guardianship to the person appointed when the person has qualified according to law; and

(2) if the court waives the guardian's training requirement, contain a finding that the waiver is in accordance with rules adopted by the supreme court under Section 155.203, Government Code.

(a-1) If the letter or certificate under Section 1101.103(b)(3-a) stated that improvement in the ward's physical condition or mental functioning is possible and specified a period of less than a year after which the ward should be reevaluated to determine continued necessity for the guardianship, an order appointing a guardian must include the date by which the guardian must submit to the court an updated letter or certificate containing the requirements of Section 1101.103(b).

(b) An order appointing a guardian may not duplicate or conflict with the powers and duties of any other guardian.

(c) An order appointing a guardian or a successor guardian may specify as authorized by Section 1202.001(c) a period during which a petition for adjudication that the ward no longer requires the guardianship may not be filed without special leave.

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.

Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 12, eff. September 1, 2015.

Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 22, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 20, eff. September 1, 2021.

This section refers to

§ 1101.103§ 1202.001

Other codes referenced

Gov't § 155.203

Sections that refer to this one

§ 1101.151§ 1101.152§ 1202.001