Texas Estates Code

§ 1203.108 — APPOINTMENT OF DEPARTMENT OF AGING AND DISABILITY SERVICES AS SUCCESSOR GUARDIAN

ES § 1203.108Title 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. C. APPOINTMENT OF SUCCESSOR GUARDIAN; REVOCATION OF LETTERS

Statute text

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(a)In this section, "department" means the Department of Aging and Disability Services.

(b)The court may appoint the department as a successor guardian of the person or estate, or both, of a ward who has been adjudicated as totally incapacitated if:

(1)there is no less-restrictive alternative to continuation of the guardianship;

(2)there is no family member or other suitable person, including a guardianship program, willing and able to serve as the ward's successor guardian;

(3)the ward is located more than 100 miles from the court that created the guardianship;

(4)the ward has private assets or access to government benefits to pay for the ward's needs;

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Legislative history

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