Tex. Est. Code § 1055.001 · Subchapter A. STANDING AND PLEADINGS
STANDING TO COMMENCE OR CONTEST PROCEEDING.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as provided by Subsection (b), any person has the right to:
(1) commence a guardianship proceeding, including a proceeding for complete restoration of a ward's capacity or modification of a ward's guardianship; or
(2) appear and contest a guardianship proceeding or the appointment of a particular person as guardian.
(b) A person who has an interest that is adverse to a proposed ward or incapacitated person may not:
(1) file an application to create a guardianship or for the appointment of a guardian for the proposed ward or incapacitated person;
(2) contest the creation of a guardianship for the proposed ward or incapacitated person;
(3) contest the appointment of a person as a guardian of the proposed ward or incapacitated person;
(4) contest an application for complete restoration of a ward's capacity or modification of a ward's guardianship; or
(5) file a motion or complaint to request the removal of a guardian or contest the request for removal of a guardian.
(c) The court shall determine by motion in limine the standing of a person who has an interest that is adverse to a proposed ward or incapacitated person.
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. 5, 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.1055.htm
- Text hash
- sha256 43dfa385d239f89c894f8c58890560a4c40207629588799c18bc91df40abb53e
- 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
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.