Tex. Est. Code § 1101.152 · Subchapter D. COURT ACTION
ORDER APPOINTING GUARDIAN WITH LIMITED AUTHORITY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If it is found that the proposed ward lacks the capacity to do some, but not all, of the tasks necessary to care for himself or herself or to manage his or her property with or without supports and services, the court may appoint a guardian with limited powers and permit the proposed ward to care for himself or herself, including making personal decisions regarding residence, or to manage his or her property commensurate with the proposed ward's ability.
(b) An order appointing a guardian under this section must contain findings of fact and specify:
(1) the information required by Section 1101.153(a);
(2) the specific powers, limitations, or duties of the guardian with respect to the person's care or the management of the person's property by the guardian;
(2-a) the specific rights and powers retained by the person:
(A) with the necessity for supports and services; and
(B) without the necessity for supports and services;
(3) if necessary, the amount of funds from the corpus of the person's estate the court will allow the guardian to spend for the education and maintenance of the person under Subchapter A, Chapter 1156; and
(4) whether the person is incapacitated because of a mental condition and, if so, whether the person:
(A) retains the right to make personal decisions regarding residence or vote in a public election; or
(B) maintains eligibility to hold or obtain a license to operate a motor vehicle under Chapter 521, Transportation Code.
(c) An order appointing a guardian under this section that includes the right of the guardian to have physical possession of the ward or to establish the ward's legal domicile as specified in Section 1151.051(c)(1) must also contain the following prominently displayed statement in boldfaced type, in capital letters, or underlined:
"NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY USE REASONABLE EFFORTS TO ENFORCE THE RIGHT OF A GUARDIAN OF THE PERSON OF A WARD TO HAVE PHYSICAL POSSESSION OF THE WARD OR TO ESTABLISH THE WARD'S LEGAL DOMICILE AS SPECIFIED IN THIS ORDER. A PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND THE OFFICER'S AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST ANY CIVIL OR OTHER CLAIM REGARDING THE OFFICER'S GOOD FAITH ACTS PERFORMED IN THE SCOPE OF THE OFFICER'S DUTIES IN ENFORCING THE TERMS OF THIS ORDER THAT RELATE TO THE ABOVE-MENTIONED RIGHTS OF THE COURT-APPOINTED GUARDIAN OF THE PERSON OF THE WARD. ANY PERSON WHO KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER THAT IS INVALID OR NO LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS $10,000."
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 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 10, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 11, eff. September 1, 2015.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1101.htm
- Text hash
- sha256 27edb25be030152c94b9d8eb213891c3b0c7dd91391a38290cd579dfe9f84acd
- 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
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Estates Code
- Tex. Est. Code § 1101.153GENERAL CONTENTS OF ORDER APPOINTING GUARDIAN.Printed as Section 1101.153(a)
- Tex. Est. Code § 1151.051GENERAL POWERS AND DUTIES OF GUARDIANS OF THE PERSON.Printed as Section 1151.051(c)(1)
- Tex. Est. Code ch. 1156, subch. AALLOWANCES FOR WARDPrinted as Subchapter A, Chapter 1156
Cited by 1 provision
Provisions in this library whose text cites Tex. Est. Code § 1101.152. Each shows the citation as that text prints it.
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