Texas Estates Code

§ 1102.001 — COURT-INITIATED INVESTIGATION

ES § 1102.001Title 3. GUARDIANSHIP AND RELATED PROCEDURES · Part D. CREATION OF GUARDIANSHIP · Ch. 1102. COURT-INITIATED PROCEDURE TO APPOINT GUARDIAN

Statute text

View on source

(a)If a court has probable cause to believe that a person domiciled or found in the county in which the court is located is an incapacitated person, and the person does not have a guardian in this state, the court shall appoint a guardian ad litem or court investigator to investigate the person's conditions and circumstances to determine whether:

(1)the person is an incapacitated person; and

(2)a guardianship is necessary.

(b)If a court appoints a guardian ad litem or court investigator under Subsection (a):

(1)the court's order appointing a guardian ad litem or court investigator must include a statement that the person believed to be incapacitated has the right to petition the court to have the appointment set aside;

(2)at the initial meeting between the guardian ad litem or court investigator and the person believed to be incapacitated, the guardian ad litem or court investigator, as appropriate, shall provide a copy of the information letter under Section 1102.003 and the order to, and discuss the contents of the letter and order with, the person believed to be incapacitated; and

…