Texas Estates Code

§ 1101.101 — FINDINGS AND PROOF REQUIRED

ES § 1101.101Title 3. GUARDIANSHIP AND RELATED PROCEDURES · Part D. CREATION OF GUARDIANSHIP · Ch. 1101. GENERAL PROCEDURE TO APPOINT GUARDIAN · Art. C. DETERMINATION OF NECESSITY OF GUARDIANSHIP; FINDINGS AND PROOF

Statute text

View on source

(a)Before appointing a guardian for a proposed ward, the court must:

(1)find by clear and convincing evidence that:

(A)the proposed ward is an incapacitated person;

(B)it is in the proposed ward's best interest to have the court appoint a person as the proposed ward's guardian;

(C)the proposed ward's rights or property will be protected by the appointment of a guardian;

(D)alternatives to guardianship that would avoid the need for the appointment of a guardian have been considered and determined not to be feasible; and

…

Legislative history

Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 8, eff. September 1, 2015.