Tex. Est. Code § 1203.051 · Subchapter B. REMOVAL AND REINSTATEMENT OF GUARDIAN
REMOVAL WITHOUT NOTICE; APPOINTMENT OF GUARDIAN AD LITEM AND ATTORNEY AD LITEM.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The court, on the court's own motion or on the motion of an interested person, including the ward, and without notice, may remove a guardian appointed under this title who:
(1) neglects to qualify in the manner and time required by law;
(2) fails to return, not later than the 30th day after the date the guardian qualifies, an inventory of the guardianship estate property and a list of claims that have come to the guardian's knowledge, unless that deadline is extended by court order;
(3) if required, fails to give a new bond within the period prescribed;
(4) is absent from the state for a consecutive period of three or more months without the court's permission, or removes from the state;
(5) cannot be served with notices or other processes because:
(A) the guardian's whereabouts are unknown;
(B) the guardian is eluding service; or
(C) the guardian is a nonresident of this state who does not have a resident agent to accept service of process in any guardianship proceeding or other matter relating to the guardianship;
(6) subject to Section 1203.056(a):
(A) has misapplied, embezzled, or removed from the state, or is about to misapply, embezzle, or remove from the state, any of the property entrusted to the guardian's care; or
(B) has engaged in conduct with respect to the ward that would be considered to be abuse, neglect, or exploitation, as those terms are defined by Section 48.002, Human Resources Code, if engaged in with respect to an elderly or disabled person, as defined by that section; or
(7) has neglected to educate or maintain the ward as liberally as the means of the ward and the condition of the ward's estate permit.
(b) In a proceeding to remove a guardian under Subsection (a)(6) or (7), the court shall appoint a guardian ad litem as provided by Subchapter B, Chapter 1054, and an attorney ad litem. The attorney ad litem has the duties prescribed by Section 1054.004. In the interest of judicial economy, the court may appoint the same person as guardian ad litem and attorney ad litem unless a conflict exists between the interests to be represented by the guardian ad litem and attorney ad litem.
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. 161 (S.B. 1093), Sec. 6.053, 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.1203.htm
- Text hash
- sha256 bb49430181b02ec515f33e7e65c284dfff5f6e5d21acfca5508775de9db0a233
- 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.
Estates Code
Cited by 3 provisions
Provisions in this library whose text cites Tex. Est. Code § 1203.051. Each shows the citation as that text prints it.
Estates Code
- Tex. Est. Code § 1054.051APPOINTMENT OF GUARDIAN AD LITEM IN GUARDIANSHIP PROCEEDING.Printed as Section 1054.052, 1202.101, or 1203.051
- Tex. Est. Code § 1203.0531NOTICE OF REMOVAL ORDER.Printed as Section 1203.051(a)(1) | Section 1203.051(a)(6)(A)
- Tex. Est. Code § 1203.056REMOVAL AND REINSTATEMENT OF GUARDIAN UNDER CERTAIN CIRCUMSTANCES.Printed as Section 1203.051(a)(6)(A)
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.