Tex. Est. Code § 1102.001 · Chapter 1102. COURT-INITIATED PROCEDURE TO APPOINT GUARDIAN
COURT-INITIATED INVESTIGATION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If a court has probable cause to believe that a person domiciled or found in the county in which the court is located is an incapacitated person, and the person does not have a guardian in this state, the court shall appoint a guardian ad litem or court investigator to investigate the person's conditions and circumstances to determine whether:
(1) the person is an incapacitated person; and
(2) a guardianship is necessary.
(b) If a court appoints a guardian ad litem or court investigator under Subsection (a):
(1) the court's order appointing a guardian ad litem or court investigator must include a statement that the person believed to be incapacitated has the right to petition the court to have the appointment set aside;
(2) at the initial meeting between the guardian ad litem or court investigator and the person believed to be incapacitated, the guardian ad litem or court investigator, as appropriate, shall provide a copy of the information letter under Section 1102.003 and the order to, and discuss the contents of the letter and order with, the person believed to be incapacitated; and
(3) during the period beginning after the date of the initial meeting described by Subdivision (2) and ending on the date an application for the appointment of a guardian is filed, the person believed to be incapacitated may petition the court to have the appointment of the guardian ad litem or court investigator, as appropriate, set aside.
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 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 10, 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.1102.htm
- Text hash
- sha256 1c07e795f0063229867d57b28398e4e310b1e99f28e7b7dd3be274227c77335d
- 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
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.
Cited by 7 provisions
Provisions in this library whose text cites Tex. Est. Code § 1102.001. Each shows the citation as that text prints it.
Estates Code
- Tex. Est. Code § 1054.056IMMUNITY.Printed as Section 1102.001 or 1202.054
- Tex. Est. Code § 1102.002ESTABLISHMENT OF PROBABLE CAUSE FOR INVESTIGATION.Printed as Section 1102.001
- Tex. Est. Code § 1102.004APPLICATION FOR GUARDIANSHIP FOLLOWING INVESTIGATION.Printed as Section 1102.001
- Tex. Est. Code § 1102.005COMPENSATION OF GUARDIAN AD LITEM.Printed as Section 1102.001
- Tex. Est. Code § 1102.006NOTICE REGARDING REQUEST TO FINANCIAL INSTITUTION FOR CUSTOMER RECORDS.Printed as Section 1102.001
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.