Tex. Est. Code § 1202.051 · Subchapter B. APPLICATION FOR COMPLETE RESTORATION OF WARD'S CAPACITY OR MODIFICATION OF GUARDIANSHIP
APPLICATION AUTHORIZED.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Notwithstanding Section 1055.003, a ward or any person interested in the ward's welfare may file a written application with the court for an order:
(1) finding that the ward is no longer an incapacitated person and ordering the settlement and closing of the guardianship;
(2) finding that the ward lacks the capacity, or lacks sufficient capacity with supports and services, to do some or all of the tasks necessary to provide food, clothing, or shelter for himself or herself, to care for the ward's own physical health, or to manage the ward's own financial affairs and granting additional powers or duties to the guardian; or
(3) finding that the ward has the capacity, or sufficient capacity with supports and services, to do some, but not all, of the tasks necessary to provide food, clothing, or shelter for himself or herself, to care for the ward's own physical health, or to manage the ward's own financial affairs and:
(A) limiting the guardian's powers or duties; and
(B) permitting the ward to care for himself or herself, make personal decisions regarding residence, or manage the ward's own financial affairs commensurate with the ward's ability, with or without supports and services.
(b) If the guardian of a ward who is the subject of an application filed under Subsection (a) has resigned, was removed, or has died, the court may not require the appointment of a successor guardian before considering the application.
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. 214 (H.B. 39), Sec. 16, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 935 (S.B. 1710), Sec. 1, eff. September 1, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1202.htm
- Text hash
- sha256 c6376840a77c78f6a772a0fb5d2cfd73e2b1cca075863e264d763d241519852b
- 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 § 1202.051. Each shows the citation as that text prints it.
Estates Code
- Tex. Est. Code § 1202.052CONTENTS OF APPLICATION.Printed as Section 1202.051
- Tex. Est. Code § 1202.053CITATION REQUIRED.Printed as Section 1202.051
- Tex. Est. Code § 1202.054INFORMAL REQUEST FOR ORDER BY WARD; INVESTIGATION AND REPORT.Printed as Section 1202.051
- Tex. Est. Code § 1202.151EVIDENCE AND BURDEN OF PROOF AT HEARING.Printed as Section 1202.051
- Tex. Est. Code § 1202.152LETTER OR CERTIFICATE REQUIRED.Printed as Section 1202.051
- Tex. Est. Code § 1202.153FINDINGS REQUIRED.Printed as Section 1202.051
- Tex. Est. Code § 1202.154GENERAL REQUIREMENTS FOR ORDER.Printed as Section 1202.051
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.