Tex. Est. Code § 1104.354 · Subchapter H. GROUNDS FOR DISQUALIFICATION
CONFLICT OF INTEREST.
Text — Current through the 89th 2nd Called Legislative Session, 2025
A person may not be appointed guardian if the person:
(1) is a party or is a person whose parent is a party to a lawsuit concerning or affecting the welfare of the proposed ward, unless the court:
(A) determines that the lawsuit claim of the person who has applied to be appointed guardian is not in conflict with the lawsuit claim of the proposed ward; or
(B) appoints a guardian ad litem to represent the interests of the proposed ward throughout the litigation of the ward's lawsuit claim;
(2) is indebted to the proposed ward, unless the person pays the debt before appointment; or
(3) asserts a claim adverse to the proposed ward or the proposed ward's property.
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1104.htm
- Text hash
- sha256 4c907d67d45ad1ec57f20daf3ddaf7ad8ff1acfdbdc6a8099c7d01ced5d87d7d
- 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
Cited by 3 provisions
Provisions in this library whose text cites Tex. Est. Code § 1104.354. Each shows the citation as that text prints it.
Estates Code
- Tex. Est. Code § 1054.052APPOINTMENT OF GUARDIAN AD LITEM RELATING TO CERTAIN OTHER SUITS.Printed as Section 1104.354(1)
- Tex. Est. Code § 1054.055COMPENSATION AND EXPENSES.Printed as Section 1104.354(1)
- Tex. Est. Code § 1203.107APPOINTMENT ON REMOVAL OF LITIGATION CONFLICT.Printed as Section 1104.354(1)
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.