Texas Estates Code

§ 1054.056 — IMMUNITY

ES § 1054.056Title 3. GUARDIANSHIP AND RELATED PROCEDURES · Part C. PROCEDURAL MATTERS · Ch. 1054. COURT OFFICERS, COURT-APPOINTED PERSONS, AND ATTORNEYS · Art. B. GUARDIANS AD LITEM

Statute text

View on source

(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 or proposed ward 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

…

Legislative history

Acts 2025, 89th Leg., R.S., Ch. 283 (S.B. 746), Sec. 4, eff. September 1, 2025.