Texas Estates Code

§ 1104.354 — CONFLICT OF INTEREST

ES § 1104.354Title 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 person may not be appointed guardian if the person:

(1)is a party or is a person whose parent is a party to a lawsuit concerning or affecting the welfare of the proposed ward, unless the court:

(A)determines that the lawsuit claim of the person who has applied to be appointed guardian is not in conflict with the lawsuit claim of the proposed ward; or

(B)appoints a guardian ad litem to represent the interests of the proposed ward throughout the litigation of the ward's lawsuit claim;

(2)is indebted to the proposed ward, unless the person pays the debt before appointment; or

(3)asserts a claim adverse to the proposed ward or the proposed ward's property.

Legislative history

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.