Texas Estates Code
§ 1101.001 — APPLICATION FOR APPOINTMENT OF GUARDIAN; CONTENTS
ES § 1101.001Title 3. GUARDIANSHIP AND RELATED PROCEDURES · Part D. CREATION OF GUARDIANSHIP · Ch. 1101. GENERAL PROCEDURE TO APPOINT GUARDIAN · Art. A. INITIATION OF PROCEEDING FOR APPOINTMENT OF GUARDIAN
Statute text
View on source(a)Any person may commence a proceeding for the appointment of a guardian by filing a written application in a court having jurisdiction and venue.
(b)The application must be sworn to by the applicant and state:
(1)the proposed ward's name, sex, date of birth, and address;
(2)the name, former name, if any, relationship, and address of the person the applicant seeks to have appointed as guardian;
(3)whether guardianship of the person or estate, or both, is sought; (3-a) whether alternatives to guardianship and available supports and services to avoid guardianship were considered; (3-b) whether any alternatives to guardianship and supports and services available to the proposed ward considered are feasible and would avoid the need for a guardianship;
(4)the nature and degree of the alleged incapacity, the specific areas of protection and assistance requested, and the limitation or termination of rights requested to be included in the court's order of appointment, including a termination of:
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Legislative history
Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 2.07, eff. September 1, 2014. Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.035, eff. January 1, 2014. Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 7, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 8, eff. September 1, 2015. Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 21, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 19, eff. September 1, 2021. Acts 2025, 89th Leg., R.S., Ch. 1155 (S.B. 2587), Sec. 18, eff. September 1, 2025.