Texas Estates Code

§ 1203.056 — REMOVAL AND REINSTATEMENT OF GUARDIAN UNDER CERTAIN CIRCUMSTANCES

ES § 1203.056Title 3. GUARDIANSHIP AND RELATED PROCEDURES · Part F. EVALUATION, MODIFICATION, OR TERMINATION OF GUARDIANSHIP · Ch. 1203. RESIGNATION, REMOVAL, OR DEATH OF GUARDIAN; APPOINTMENT OF SUCCESSOR · Art. B. REMOVAL AND REINSTATEMENT OF GUARDIAN

Statute text

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(a)The court may remove a guardian under Section 1203.051(a)(6)(A) or (B) only on the presentation of clear and convincing evidence given under oath.

(b)Not later than the 30th day after the date the court signs the order of removal, a guardian who is removed under Section 1203.051(a)(6)(A) or (B) may file an application with the court for a hearing to determine whether the guardian should be reinstated.

(c)On the filing of an application under Subsection (b), the court clerk shall issue to the applicant, the ward, a person interested in the ward's welfare or estate, and, if applicable, a person who has control of the care and custody of the ward a notice stating:

(1)that an application for reinstatement has been filed;

(2)the name of the ward; and

(3)the name of the applicant for reinstatement.

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Legislative history

Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.056, eff. January 1, 2014.