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Texas Estates Code

§ 1104.353 — NOTORIOUSLY BAD CONDUCT; PRESUMPTION CONCERNING BEST INTEREST

ES § 1104.353Title 3. GUARDIANSHIP AND RELATED PROCEDURES · Part D. CREATION OF GUARDIANSHIP · Ch. 1104. SELECTION OF AND ELIGIBILITY TO SERVE AS GUARDIAN · Art. H. GROUNDS FOR DISQUALIFICATION

Statute text

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(a)A person may not be appointed guardian if the person's conduct is notoriously bad.
(b)It is presumed to be not in the best interests of a ward or incapacitated person to appoint as guardian of the ward or incapacitated person a person who has been finally convicted of:
(1)any sexual offense, including sexual assault, aggravated sexual assault, and prohibited sexual conduct;
(2)aggravated assault;
(3)injury to a child, elderly individual, or disabled individual;
(4)abandoning or endangering a child, elderly individual, or disabled individual;

Legislative history

Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 14, eff. January 1, 2014. Acts 2023, 88th Leg., R.S., Ch. 830 (H.B. 2187), Sec. 4, eff. September 1, 2023.