Tex. Est. Code § 1054.056 · Subchapter B. GUARDIANS AD LITEM
IMMUNITY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Subject to Subsection (b), a guardian ad litem appointed under this subchapter or Section 1102.001 or 1202.054 to represent the interests of an incapacitated person or proposed ward in a guardianship proceeding involving the creation, modification, or termination of a guardianship is not liable for civil damages arising from a recommendation made or an opinion given in the capacity of guardian ad litem.
(b) This section does not apply to a recommendation or opinion that is:
(1) wilfully wrongful;
(2) given:
(A) with conscious indifference to or reckless disregard for the safety of another;
(B) with malice; or
(C) in bad faith; or
(3) grossly negligent.
Notes and commentary — not statutory text
History
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 283 (S.B. 746), Sec. 4, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1054.V2.htm
- Text hash
- sha256 bfaaac2390091ba7219b5762cae22262bfeca92e8ccfc0cac5cc912f38144522
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
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Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.