US Laws, Codes, Statutes & Cases

PROBATE CODE

CHAPTER XIII. GUARDIANSHIP

PART A. DEFINITIONS;  PURPOSE;  APPLICABILITY;  PROCEEDINGS IN REM


	§ 601. DEFINITIONS.  In this chapter:                                       
	(1)  "Attorney ad litem" means an attorney who is appointed 
by a court to represent and advocate on behalf of a proposed ward, 
an incapacitated person, or an unborn person in a guardianship 
proceeding.
	(2)  "Authorized corporate surety" means a domestic or 
foreign corporation authorized to do business in this state to 
issue surety, guaranty, or indemnity bonds guaranteeing the 
fidelity of guardians.
	(3)  "Child" includes a biological or adopted child, whether 
adopted by a parent under a statutory procedure or by acts of 
estoppel.
	(4)  "Claims" includes a liability against the estate of a 
minor or an incapacitated person and debts due to the estate of a 
minor or an incapacitated person.
	(5)  "Community administrator" means a spouse who is 
authorized to manage, control, and dispose of the entire community 
estate on the judicial declaration of incapacity of the other 
spouse, including the part of the community estate that the other 
spouse legally has the power to manage in the absence of the 
incapacity.
	(6)  "Corporate fiduciary" means a financial institution as 
defined by Section 201.101, Finance Code, having trust powers, 
existing or doing business under the laws of this state, another 
state, or the United States, that is authorized by law to act under 
the order or appointment of any court of record, without giving 
bond, as a guardian, receiver, trustee, executor, or administrator, 
or, although without general depository powers, as a depository for 
any money paid into court, or to become sole guarantor or surety in 
or on any bond required to be given under the laws of this state.
	(7)  "Court investigator" means a person appointed by a 
statutory probate court under Section 25.0025, Government Code.
	(8)  "Court" or "probate court" means a county court in the 
exercise of its probate jurisdiction, a court created by statute 
and authorized to exercise original probate jurisdiction, or a 
district court exercising original probate jurisdiction in 
contested matters.
	(9)  "Estate" or "guardianship estate" means the real and 
personal property of a ward or deceased ward, both as the property 
originally existed and as has from time to time changed in form by 
sale, reinvestment, or otherwise, and as augmented by any 
accretions and additions to (including any property to be 
distributed to the representative of the deceased ward by the 
trustee of a trust that terminates on the ward's death) or 
substitutions for the property, and as diminished by any decreases 
to or distributions from the property.
	(10)  "Exempt property" refers to that property of a deceased 
ward's estate that is exempt from execution or forced sale by the 
constitution or laws of this state, and to the allowance in lieu of 
the property.
	(11)  "Guardian" means a person who is appointed guardian 
under Section 693 of this code, or a temporary or successor 
guardian.  Except as expressly provided otherwise, "guardian" 
includes the guardian of the estate and the guardian of the person 
of an incapacitated person.
	(12)  "Guardian ad litem" means a person who is appointed by 
a court to represent the best interests of an incapacitated person 
in a guardianship proceeding.
	(12-a)  "Guardianship Certification Board" means the 
Guardianship Certification Board established under Chapter 111, 
Government Code.
	(13)  "Guardianship program" has the meaning assigned by 
Section 111.001, Government Code.
	(14)  "Incapacitated person" means:                                            
	(A)  a minor;                                                                  
	(B)  an adult individual who, because of a physical or mental 
condition, is substantially unable to provide food, clothing, or 
shelter for himself or herself, to care for the individual's own 
physical health, or to manage the individual's own financial 
affairs;  or
	(C)  a person who must have a guardian appointed to receive 
funds due the person from any governmental source.
	(15)  "Interested persons" or "persons interested" means an 
heir, devisee, spouse, creditor, or any other person having a 
property right in, or claim against, the estate being administered 
or a person interested in the welfare of an incapacitated person, 
including a minor.
	(16)  "Minor" means a person who is younger than 18 years of 
age and who has never been married or who has not had the person's 
disabilities of minority removed for general purposes.
	(17)  "Minutes" means the guardianship minutes.                                
	(18)  "Mortgage" or "lien" includes a deed of trust;  
vendor's lien;  chattel mortgage;  mechanic's, materialman's, or 
laborer's lien;  judgment, attachment, or garnishment lien;  pledge 
by hypothecation;  and a federal or state tax lien.
	(19)  "Next of kin" includes an adopted child, the 
descendants of an adopted child, and the adoptive parent of an 
adopted child.
	(20)  "Parent" means the mother of a child, a man presumed to 
be the biological father of a child, a man who has been adjudicated 
to be the biological father of a child by a court of competent 
jurisdiction, or an adoptive mother or father of a child, but does 
not include a parent as to whom the parent-child relationship has 
been terminated.
	(21)  "Person" includes natural persons, corporations, and 
guardianship programs.
	(22)  "Personal property" includes an interest in goods, 
money, choses in action, evidence of debts, and chattels real.
	(23)  "Personal representative" or "representative" 
includes a guardian, and a successor guardian.
	(24)  "Private professional guardian" has the meaning 
assigned by Section 111.001, Government Code.
	(25)  "Proceedings in guardianship," "guardianship matter," 
"guardianship matters," "guardianship proceeding," and 
"proceedings for guardianship" are synonymous and include a matter 
or proceeding relating to a guardianship or any other matter 
addressed by this chapter.
	(26)  "Property" includes both real and personal property.                     
	(27)  "Proposed ward" means a person alleged to be 
incapacitated in a guardianship proceeding.
	(28)  "Real property" includes estates and interests in 
lands, corporeal or incorporeal, legal or equitable, other than 
chattels real.
	(29)  "Statutory probate court" means a statutory court 
designated as a statutory probate court under Chapter 25, 
Government Code.  A county court at law exercising probate 
jurisdiction is not a statutory probate court under this chapter 
unless the court is designated a statutory probate court under 
Chapter 25, Government Code.
	(30)  "Surety" includes a personal and a corporate surety.                     
	(31)  "Ward" is a person for whom a guardian has been 
appointed.             
	(32)  The singular number includes the plural;  the plural 
number includes the singular.
	(33)  The masculine gender includes the feminine and neuter.                   

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 1039, § 15, eff. Sept. 1, 
1995;  Acts 1997, 75th Leg., ch. 1376, § 1, eff. Sept. 1, 1997;  
Acts 1997, 75th Leg., ch. 52, § 2, eff. Sept. 1, 1997;  Acts 1999, 
76th Leg., ch. 344, § 6.005, eff. Sept. 1, 1999;  Acts 1999, 76th 
Leg., ch. 379, § 2, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 
217, § 2, eff. Sept. 1, 2001.

Subsec. (12-a) added by Acts 2005, 79th Leg., ch. 268, § 3.05, 
eff. Sept. 1, 2005;  Subsec. (13) amended by Acts 2005, 79th Leg., 
ch. 268, § 3.05, eff. Sept. 1, 2005;  Subsec. (24) amended by 
Acts 2005, 79th Leg., ch. 268, § 3.05, eff. Sept. 1, 2005.


	§ 602. POLICY;  PURPOSE OF GUARDIANSHIP.  A court may 
appoint a guardian with full authority over an incapacitated person 
or may grant a guardian limited authority over an incapacitated 
person as indicated by the incapacitated person's actual mental or 
physical limitations and only as necessary to promote and protect 
the well-being of the person.  If the person is not a minor, the 
court may not use age as the sole factor in determining whether to 
appoint a guardian for the person.  In creating a guardianship that 
gives a guardian limited power or authority over an incapacitated 
person, the court shall design the guardianship to encourage the 
development or maintenance of maximum self-reliance and 
independence in the incapacitated person.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 603. LAWS APPLICABLE TO GUARDIANSHIPS.  (a) To the 
extent applicable and not inconsistent with other provisions of 
this code, the laws and rules governing estates of decedents apply 
to and govern guardianships.
	(b)  A reference in other sections of this code or in other 
law to a person who is mentally, physically, or legally 
incompetent, a person who is judicially declared incompetent, an 
incompetent or an incompetent person, a person of unsound mind, or a 
habitual drunkard means an incapacitated person.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 604. PROCEEDING IN REM.  From the filing of the 
application for the appointment of a guardian of the estate or 
person, or both, until the guardianship is settled and closed under 
this chapter, the administration of the estate of a minor or other 
incapacitated person is one proceeding for purposes of jurisdiction 
and is a proceeding in rem.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 605. COUNTY COURT JURISDICTION.  The county court has 
the general jurisdiction of a probate court.  The county court shall 
appoint guardians of minors and other incapacitated persons, grant 
letters of guardianship, settle accounts of guardians, and transact 
all business appertaining to estates subject to guardianship, 
including the settlement, partition, and distribution of the 
estates.  The county court may also enter other orders as may be 
authorized under this chapter.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 606. JURISDICTION WITH RESPECT TO GUARDIANSHIP 
PROCEEDINGS.  (a) Repealed by Acts 2003, 78th Leg., ch. 549, § 
33.
	(b)  In those counties in which there is no statutory probate 
court, county court at law, or other statutory court exercising the 
jurisdiction of a probate court, all applications, petitions, and 
motions regarding guardianships, mental health matters, and other 
matters covered by this chapter shall be filed and heard in the 
county court.  In contested guardianship matters, the judge of the 
county court may on the judge's own motion, or shall on the motion 
of any party to the proceeding, according to the motion:
	(1)  request the assignment of a statutory probate court 
judge to hear the contested portion of the proceeding, as provided 
by Section 25.0022, Government Code;  or
	(2)  transfer the contested portion of the proceeding to the 
district court, which may hear the transferred contested matter as 
if originally filed in the district court.
	(b-1)  If the judge of the county court has not transferred a 
contested guardianship matter to the district court at the time a 
party files a motion for assignment of a statutory probate court 
judge, the county judge shall grant the motion and may not transfer 
the matter to the district court unless the party withdraws the 
motion.
	(b-2)  A statutory probate court judge assigned to a 
contested guardianship matter as provided by Subsection (b) of this 
section has the jurisdiction and authority granted to a statutory 
probate court by Sections 607 and 608 of this code.  On resolution 
of a contested matter, including an appeal of a matter, to which a 
statutory probate court judge has been assigned, the statutory 
probate court judge shall transfer the resolved portion of the case 
to the county court for further proceedings not inconsistent with 
the orders of the statutory probate court judge.
	(b-3)  In contested matters transferred to the district 
court, the district court has the general jurisdiction of a probate 
court.  On resolution of a contested matter, including an appeal of 
a matter, the district court shall transfer the resolved portion of 
the case to the county court for further proceedings not 
inconsistent with the orders of the district court.
	(b-4)  The county court shall continue to exercise 
jurisdiction over the management of the guardianship with the 
exception of the contested matter until final disposition of the 
contested matter is made by the assigned judge or the district 
court.
	(b-5)  If a contested portion of the proceeding is 
transferred to a district court under Subsection (b-3) of this 
section, the clerk of the district court may perform in relation to 
the transferred portion of the proceeding any function a county 
clerk may perform in that type of contested proceeding.
	(c)  In those counties in which there is no statutory probate 
court, but in which there is a county court at law or other 
statutory court exercising the jurisdiction of a probate court, all 
applications, petitions, and motions regarding guardianships, 
mental health matters, or other matters addressed by this chapter 
shall be filed and heard in those courts and the constitutional 
county court, unless otherwise provided by law.  The judge of a 
county court may hear any of those matters sitting for the judge of 
any other county court.  Except as provided by Section 608 of this 
code, in contested guardianship matters, the judge of the 
constitutional county court may on the judge's own motion, and 
shall on the motion of a party to the proceeding, transfer the 
proceeding to the county court at law or a statutory court 
exercising the jurisdiction of a probate court other than a 
statutory probate court.  The court to which the proceeding is 
transferred may hear the proceeding as if originally filed in the 
court.
	(d)  In those counties in which there is a statutory probate 
court, all applications, petitions, and motions regarding 
guardianships, mental health matters, or other matters addressed by 
this chapter shall be filed and heard in the statutory probate 
court.
	(e)  A court that exercises original probate jurisdiction 
has the power to hear all matters incident to an estate.  After a 
guardianship of the estate of a ward is required to be settled as 
provided by Section 745 of this chapter, the court exercising 
original probate jurisdiction over the settling of the former 
ward's estate has the jurisdiction to hear:
	(1)  an action brought by or on behalf of the former ward 
against a former guardian of the ward for alleged misconduct 
arising from the performance of the person's duties as guardian;
	(2)  an action against a former guardian of the former ward 
that is brought by a surety that is called on to perform in place of 
the former guardian;
	(3)  a claim for the payment of compensation, expenses, and 
court costs and any other matter authorized under Subpart H, Part 2, 
of this chapter;
	(4)  a matter related to an authorization made or duty 
performed by a guardian under Subpart C, Part 4, of this chapter;  
and
	(5)  any other matter related or appertaining to a 
guardianship estate that a court exercising original probate 
jurisdiction is specifically authorized to hear under this chapter.
	(f)  When a surety is called on to perform in place of a 
guardian or former guardian, a court exercising original probate 
jurisdiction, including jurisdiction exercised under Subsection 
(e)(2) of this section, may award judgment against the guardian or 
former guardian in favor of the surety of the guardian or former 
guardian in the same suit.
	(g)  A final order of a court that exercises original probate 
jurisdiction is appealable to a court of appeals.
	(h)  A statutory probate court has concurrent jurisdiction 
with the district court in all personal injury, survival, or 
wrongful death actions by or against a person in the person's 
capacity as a guardian and in all actions involving a guardian in 
which each other party aligned with the guardian is not an 
interested person in the guardianship.
	(i)  A statutory probate court has jurisdiction over any 
matter appertaining to an estate or incident to an estate and has 
jurisdiction over any cause of action in which a guardian in a 
guardianship proceeding pending in the statutory probate court is a 
party.
	(j)  A statutory probate court may exercise the pendent and 
ancillary jurisdiction necessary to promote judicial efficiency 
and economy.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 1039, § 16, 17, eff. Sept. 
1, 1995;  Acts 1999, 76th Leg., ch. 1389, § 2, eff. Aug. 30, 1999;  
Acts 2001, 77th Leg., ch. 63, § 2, eff. Sept. 1, 2001;  Acts 2001, 
77th Leg., ch. 484, § 1, eff. Sept. 1, 2001;  Acts 2001, 77th 
Leg., ch. 1174, § 1, eff. Sept. 1, 2001.

Section heading amended by Acts 2003, 78th Leg., ch. 549, § 1;  
Subsec. (a) repealed by Acts 2003, 78th Leg., ch. 549, § 33, eff. 
Sept. 1, 2003;  Subsec. (b) amended by Acts 2003, 78th Leg., ch. 
549, § 2, eff. Sept. 1, 2003;  Subsecs. (b-1) to (b-5) added by 
Acts 2003, 78th Leg., ch. 549, § 2, eff. Sept. 1, 2003;  Subsecs. 
(c), (d) amended by Acts 2003, 78th Leg., ch. 549, § 2;  Subsec. 
(e) amended by Acts 2003, 78th Leg., ch. 549, § 3;  Subsec. (f) 
amended by Acts 2003, 78th Leg., ch. 549, § 4;  Subsecs. (h) to 
(j) added by Acts 2003, 78th Leg., ch. 549, § 5, eff. Sept. 1, 
2003.


	§ 607. MATTERS APPERTAINING AND INCIDENT TO AN 
ESTATE.  (a) In a proceeding in a constitutional county court or a 
statutory county court at law, the phrases "appertaining to 
estates" and "incident to an estate" in this chapter include the 
appointment of guardians, the issuance of letters of guardianship, 
a claim by or against a guardianship estate, all actions for trial 
of title to land incident to a guardianship estate and for the 
enforcement of liens incident to a guardianship estate, all actions 
for trial of the right of property incident to a guardianship 
estate, and generally all matters relating to the settlement, 
partition, and distribution of a guardianship estate.
	(b)  In a proceeding in a statutory probate court, the 
phrases "appertaining to estates" and "incident to an estate" in 
this chapter include the appointment of guardians, the issuance of 
letters of guardianship, all claims by or against a guardianship 
estate, all actions for trial of title to land and for the 
enforcement of liens on the land, all actions for trial of the right 
of property, and generally all matters relating to the collection, 
settlement, partition, and distribution of a guardianship estate.  
A statutory probate court, in the exercise of its jurisdiction and 
notwithstanding any other provision of this chapter, may hear all 
suits, actions, and applications filed against or on behalf of any 
guardianship;  all such suits, actions, and applications are 
appertaining to and incident to an estate.  Except for situations in 
which the jurisdiction of a statutory probate court is concurrent 
with that of a district court or any other court, any cause of 
action appertaining to or incident to a guardianship estate shall 
be brought in a statutory probate court.
	(c), (d) Repealed by Acts 2003, 78th Leg., ch. 549, § 33.                   
	(e)  Notwithstanding any other provision of this chapter, 
the proper venue for an action by or against a personal 
representative for personal injury, death, or property damages is 
determined under Section 15.007, Civil Practice and Remedies Code.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1999, 76th Leg., ch. 10, § 1, 2, eff. Sept. 1, 
1999.

Subsec. (b) amended by Acts 2003, 78th Leg., ch. 549, § 6, eff. 
Sept. 1, 2003.  Subsecs. (c), (d), (e) repealed by Acts 2003, 78th 
Leg., ch. 549, § 33, eff. Sept. 1, 2003.  Subsec. (e) added by 
Acts 2003, 78th Leg., ch. 204, § 3.07, eff. Sept. 1, 2003.


	§ 608. TRANSFER OF GUARDIANSHIP PROCEEDING.  A judge of a 
statutory probate court, on the motion of a party to the action or 
of a person interested in a guardianship, may transfer to the 
judge's court from a district, county, or statutory court a cause of 
action appertaining to or incident to a guardianship estate that is 
pending in the statutory probate court or a cause of action relating 
to a guardianship in which a guardian, ward, or proposed ward in a 
guardianship pending in the statutory probate court is a party and 
may consolidate the transferred cause of action with the other 
proceedings in the statutory probate court relating to the 
guardianship estate.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1999, 76th Leg., ch. 1431, § 2, eff. Sept. 1, 
1999.

Amended by Acts 2003, 78th Leg., ch. 549, § 7, eff. Sept. 1, 
2003.       


	§ 609. CONTESTED GUARDIANSHIP OF THE PERSON OF A 
MINOR.  (a) If an interested person contests an application for the 
appointment of a guardian of the person of a minor or an interested 
person seeks the removal of a guardian of the person of a minor, the 
judge, on the judge's own motion, may transfer all matters relating 
to the guardianship of the person of the minor to a court of 
competent jurisdiction in which a suit affecting the parent-child 
relationship under the Family Code is pending.
	(b)  The probate court that transfers a proceeding under this 
section to a court with proper jurisdiction over suits affecting 
the parent-child relationship shall send to the court to which the 
transfer is made the complete files in all matters affecting the 
guardianship of the person of the minor and certified copies of all 
entries in the minutes.  The transferring court shall keep a copy of 
the transferred files.  If the transferring court retains 
jurisdiction of the guardianship of the estate of the minor or of 
another minor who was the subject of the suit, the court shall send 
a copy of the complete files to the court to which the transfer is 
made and shall keep the original files.
	(c)  The court to which a transfer is made under this section 
shall apply the procedural and substantive provisions of the Family 
Code, including Sections 155.005 and 155.205, in regard to 
enforcing an order rendered by the court from which the proceeding 
was transferred.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1997, 75th Leg., ch. 77, § 1, eff. Sept. 1, 1997;  
Acts 1997, 75th Leg., ch. 165, § 7.55, eff. Sept. 1, 1997.

PART B. VENUE


	§ 610. VENUE FOR APPOINTMENT OF GUARDIAN.  (a) Except as 
otherwise authorized by this section, a proceeding for the 
appointment of a guardian for the person or estate, or both, of an 
incapacitated person shall be brought in the county in which the 
proposed ward resides or is located on the date the application is 
filed or in the county in which the principal estate of the proposed 
ward is located.
	(b)  A proceeding for the appointment of a guardian for the 
person or estate, or both, of a minor may be brought:
	(1)  in the county in which both the minor's parents reside;                   
	(2)  if the parents do not reside in the same county, in the 
county in which the parent who is the sole managing conservator of 
the minor resides, or in the county in which the parent who is the 
joint managing conservator with the greater period of physical 
possession of and access to the minor resides;
	(3)  if only one parent is living and the parent has custody 
of the minor, in the county in which that parent resides;
	(4)  if both parents are dead but the minor was in the custody 
of a deceased parent, in the county in which the last surviving 
parent having custody resided;  or
	(5)  if both parents of a minor child have died in a common 
disaster and there is no evidence that the parents died other than 
simultaneously, in the county in which both deceased parents 
resided at the time of their simultaneous deaths if they resided in 
the same county.
	(c)  A proceeding for the appointment of a guardian who was 
appointed by will may be brought in the county in which the will was 
admitted to probate or in the county of the appointee's residence if 
the appointee resides in this state.
	(d)  Repealed by Acts 1999, 76th Leg., ch. 379, § 10, eff. 
Sept. 1, 1999. 

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1999, 76th Leg., ch. 379, § 10, eff. Sept. 1, 
1999.


	§ 611. CONCURRENT VENUE AND TRANSFER FOR WANT OF 
VENUE.  (a) If two or more courts have concurrent venue of a 
guardianship matter, the court in which an application for a 
guardianship proceeding is initially filed has and retains 
jurisdiction of the guardianship matter.  A proceeding is 
considered commenced by the filing of an application alleging facts 
sufficient to confer venue, and the proceeding initially legally 
commenced extends to all of the property of the guardianship 
estate.
	(b)  If a guardianship proceeding is commenced in more than 
one county, it shall be stayed except in the county in which it was 
initially commenced until final determination of proper venue is 
made by the court in the county in which it was initially commenced.
	(c)  If it appears to the court at any time before the 
guardianship is closed that the proceeding was commenced in a court 
that did not have venue over the proceeding, the court shall, on the 
application of any interested person, transfer the proceeding to 
the proper county.
	(d)  When a proceeding is transferred to another county under 
a provision of this chapter, all orders entered in connection with 
the proceeding shall be valid and shall be recognized in the court 
to which the guardianship was ordered transferred, if the orders 
were made and entered in conformance with the procedures prescribed 
by this code.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 612. APPLICATION FOR TRANSFER OF GUARDIANSHIP TO 
ANOTHER COUNTY.  When a guardian or any other person desires to 
remove the transaction of the business of the guardianship from one 
county to another, the person shall file a written application in 
the court in which the guardianship is pending stating the reason 
for moving the transaction of business.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 613. NOTICE.  (a) On filing an application to remove a 
guardianship to another county, the sureties on the bond of the 
guardian shall be cited by personal service to appear and show cause 
why the application should not be granted.
	(b)  If an application is filed by a person other than the 
guardian, the guardian shall be cited by personal service to appear 
and show cause why the application should not be granted.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 614. COURT ACTION.  On hearing an application under 
Section 612 of this code, if good cause is not shown to deny the 
application and it appears that removal of the guardianship is in 
the best interests of the ward, the court shall enter an order 
authorizing the removal on payment on behalf of the estate of all 
accrued costs.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 615. TRANSFER OF RECORD.  When an order of removal is 
made under Section 614 of this code, the clerk shall record any 
unrecorded papers of the guardianship required to be recorded.  On 
payment of the clerk's fee, the clerk shall transmit to the county 
clerk of the county to which the guardianship was ordered removed:
	(1)  the case file of the guardianship proceedings;  and                       
	(2)  a certified copy of the index of the guardianship 
records.              

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           

Amended by Acts 2005, 79th Leg., ch. 200, § 1, eff. Sept. 1, 
2005.       


	§ 616. REMOVAL EFFECTIVE.  The order removing a 
guardianship does not take effect until:
	(1)  the case file and a certified copy of the index required 
by Section 615 of this code are filed in the office of the county 
clerk of the county to which the guardianship was ordered removed;  
and
	(2)  a certificate under the clerk's official seal and 
reporting the filing of the case file and a certified copy of the 
index is filed in the court ordering the removal by the county clerk 
of the county to which the guardianship was ordered removed.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           

Amended by Acts 2005, 79th Leg., ch. 200, § 2, eff. Sept. 1, 
2005.       


	§ 617. CONTINUATION OF GUARDIANSHIP.  When a guardianship 
is removed from one county to another in accordance with this 
subpart, the guardianship proceeds in the court to which it was 
removed as if it had been originally commenced in that court.  It is 
not necessary to record in the receiving court any of the papers in 
the case that were recorded in the court from which the case was 
removed.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 618. NEW GUARDIAN APPOINTED ON REMOVAL.  If it appears 
to the court that removal of the guardianship is in the best 
interests of the ward, but that because of the removal it will be 
unduly expensive or unduly inconvenient to the estate for the 
guardian of the estate to continue to serve in that capacity, the 
court may in its order of removal revoke the letters of guardianship 
and appoint a new guardian, and the former guardian shall account 
for and deliver the estate as provided by this chapter in a case in 
which a guardian resigns.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           

PART C. DUTIES AND RECORDS OF CLERK


	§ 621. APPLICATION AND OTHER PAPERS TO BE FILED WITH 
CLERK.  (a) An application for a guardianship proceeding, a 
complaint, petition, or other paper permitted or required by law to 
be filed in the court in guardianship matters shall be filed with 
the county clerk of the proper county.
	(b)  The county clerk shall file the paper received under 
this section and endorse on each paper the date filed, the docket 
number, and the clerk's official signature.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 622. COSTS AND SECURITY.  (a) The laws regulating costs 
in ordinary civil cases apply to a guardianship matter unless 
otherwise expressly provided by this chapter.
	(b)  When a person other than the guardian, attorney ad 
litem, or guardian ad litem files an application, complaint, or 
opposition in relation to a guardianship matter, the clerk may 
require the person to give security for the probable costs of the 
guardianship proceeding before filing.  A person interested in the 
guardianship or in the welfare of the ward, or an officer of the 
court, at any time before the trial of an application, complaint, or 
opposition in relation to a guardianship matter, may obtain from 
the court, on written motion, an order requiring the person who 
filed the application, complaint, or opposition to give security 
for the probable costs of the proceeding.  The rules governing civil 
suits in the county court relating to this subject control in these 
cases.
	(c)  No security for costs shall be required of a guardian, 
attorney ad litem, or guardian ad litem appointed under this 
chapter by a court of this state in any suit brought by the 
guardian, attorney ad litem, or guardian ad litem in their 
respective fiduciary capacities.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 623. JUDGE'S GUARDIANSHIP DOCKET.  (a) The county clerk 
shall keep a record book to be styled "Judge's Guardianship Docket" 
and shall enter in the record book:
	(1)  the name of each person on whose person or estate a 
proceeding is had or is sought to be had;
	(2)  the name of the guardian of the estate or person or of 
the applicant for letters;
	(3)  the date the original application for a guardianship 
proceeding was filed;
	(4)  a minute, including the date, of each order, judgment, 
decree, and proceeding in each estate;  and
	(5)  a number of each guardianship on the docket in the order 
in which a proceeding is commenced.
	(b)  Each paper filed in a guardianship proceeding shall be 
given the corresponding docket number of the estate.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 624. CLAIM DOCKET.  The county clerk shall keep a record 
book to be styled "Claim Docket" and shall enter in the claim docket 
all claims presented against a guardianship for court approval.  
The claim docket shall be ruled in 16 columns at proper intervals 
from top to bottom, with a short note of the contents at the top of 
each column.  One or more pages shall be assigned to each 
guardianship.  The following information shall be entered in the 
respective columns beginning with the first or marginal column:  
The names of claimants in the order in which their claims are filed;  
the amount of the claim;  its date;  the date of filing;  when due;  
the date from which it bears interest;  the rate of interest;  when 
allowed by the guardian;  the amount allowed;  the date of 
rejection;  when approved;  the amount approved;  when disapproved;  
the class to which the claim belongs;  when established by judgment 
of a court;  the amount of the judgment.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 625. CASE FILES.  The county clerk shall maintain a case 
file for each person's filed guardianship proceedings.  The case 
file must contain all orders, judgments, and proceedings of the 
court and any other guardianship filing with the court, including 
all:
	(1)  applications for the granting of guardianship;                            
	(2)  citations and notices, whether published or posted, 
with the returns on the citations and notices;
	(3)  bonds and official oaths;                                                 
	(4)  inventories, appraisements, and lists of claims;                          
	(5)  exhibits and accounts;                                                    
	(6)  reports of hiring, renting, or sale;                                      
	(7)  applications for sale or partition of real estate and 
reports of sale and of commissioners of partition;
	(8)  applications for authority to execute leases for 
mineral development, or for pooling or unitization of lands, 
royalty, or other interest in minerals, or to lend or invest money;
	(9)  reports of lending or investing money;  and                               
	(10)  reports of guardians of the persons.                                     

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1999, 76th Leg., ch. 67, § 2, eff. Sept. 1, 1999.


	§ 626. GUARDIANSHIP FEE BOOK.  The county clerk shall 
keep a record book styled "Guardianship Fee Book" and shall enter in 
the guardianship fee book each item of costs that accrue to the 
officers of the court, with witness fees, if any, showing the:
	(1)  party to whom the costs or fees are due;                                  
	(2)  date of the accrual of the costs or fees;                                 
	(3)  guardianship or party liable for the costs or fees;  and                  
	(4)  date on which the costs or fees are paid.                                 

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 627. MAINTAINING RECORDS IN LIEU OF RECORD BOOKS.  In 
lieu of keeping the record books described by Sections 623, 624, and 
626 of this code, the county clerk may maintain the information 
relating to a person's guardianship proceeding maintained in those 
record books on a computer file, on microfilm, in the form of a 
digitized optical image, or in another similar form of data 
compilation.

Added by Acts 1999, 76th Leg., ch. 67, § 2, eff. Sept. 1, 1999.            


	§ 627A. INDEX.  The county clerk shall properly index the 
records and keep the index open for public inspection but may not 
release the index from the clerk's custody.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Renumbered from V.A.T.S. Probate Code, § 627 and amended by Acts 
1999, 76th Leg., ch. 67, § 2, eff. Sept. 1, 1999.


	§ 628. USE OF RECORDS AS EVIDENCE.  The record books or 
individual case files, including records on a computer file, on 
microfilm, in the form of a digitized optical image, or in another 
similar form of data compilation described in other sections of 
this chapter, or certified copies or reproductions of the records, 
shall be evidence in any court of this state.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1999, 76th Leg., ch. 67, § 2, eff. Sept. 1, 1999.


	§ 629. CALL OF THE DOCKETS.  The judge of the court in 
which a guardianship proceeding is pending, as the judge 
determines, shall call guardianship matters in their regular order 
on both the guardianship and claim dockets and shall make necessary 
orders.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 630. CLERK MAY SET HEARINGS.  If the county judge is 
absent from the county seat or is on vacation, disqualified, ill, or 
deceased and is unable to designate the time and place for hearing a 
guardianship matter pending in the judge's court, the county clerk 
of the county in which the matter is pending may designate the time 
and place for hearing, entering the setting on the judge's docket 
and certifying on the docket the reason that the judge is not acting 
to set the hearing.  If a qualified judge is not present for the 
hearing, after service of the notices and citations required by law 
with reference to the time and place of hearing has been perfected, 
the hearing is automatically continued from day to day until a 
qualified judge is present to hear and determine the matter.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 631. CLERK'S DUTIES.  (a) If the proper venue is finally 
determined to be in another county, the clerk, after making and 
retaining a true copy of the entire file in the case, shall transmit 
the original file to the proper county, and a proceeding shall be 
held in the proper county in the same manner as if the proceeding 
had originally been instituted in the proper county.
	(b)  By transmitting to the proper court in the proper county 
for venue purposes the original file in the case, with certified 
copies of all entries in the minutes made in the file, an 
administration of the guardianship in the proper county for venue 
purposes shall be completed in the same manner as if the proceeding 
had originally been instituted in that county.
	(c)  The clerk of the court from which the proceeding is 
transferred shall transmit to the court to which the proceeding is 
transferred the original file in the proceeding and a certified 
copy of the entries in the minutes that relate to the proceeding.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           

PART D. SERVICE AND NOTICE


	§ 632. ISSUANCE, CONTENTS, SERVICE, AND RETURN OF 
CITATION, NOTICES, AND WRITS IN GUARDIANSHIP MATTERS.  (a) A person 
does not need to be cited or otherwise given notice in a 
guardianship matter except in situations in which this chapter 
expressly provides for citation or the giving of notice.  If this 
chapter does not expressly provide for citation or the issuance or 
return of notice in a guardianship matter, the court may require 
that notice be given.  If the court requires that notice be given, 
the court shall prescribe the form and manner of service and return 
of service.
	(b)  Unless a court order is required by a provision of this 
chapter, the county clerk shall issue without a court order 
necessary citations, writs, and process in guardianship matters and 
all notices not required to be issued by guardians.
	(c)  A citation and notice issued by the clerk shall be 
signed and sealed by the clerk and shall be styled "The State of 
Texas."  A notice required to be given by a guardian shall be in 
writing and signed by the guardian in the guardian's official 
capacity.  A citation or notice shall be dated and directed to the 
person that is being cited or notified and must state the style and 
number of the proceeding and the court in which the proceeding is 
pending and must describe generally the nature of the proceeding or 
matter to which the citation or notice relates.  A precept directed 
to an officer is not necessary.  A citation or notice must direct 
the person cited or notified to appear by filing a written contest 
or answer or perform other required acts.  A citation or notice must 
state when and where an appearance or performance by a person cited 
or notified is required.  A citation or notice is not defective 
because it contains a precept directed to an officer authorized to 
serve it.  A writ or other process other than a citation or notice 
shall be directed "To any sheriff or constable within the State of 
Texas" and may not be held defective because it is directed to the 
sheriff or any constable of a specific county if the writ or other 
process is properly served within the named county by an officer 
authorized to serve it.
	(d)  In all situations in which this chapter requires that 
notice be given or that a person be cited, and in which a specific 
method of giving the notice or citing the person, or a specific 
method of service and return of the citation or notice is not given, 
or an insufficient or inadequate provision appears with respect to 
any matter relating to citation or notice, or on request of an 
interested person, notice or citation shall be issued, served, and 
returned in the manner the court, by written order, directs in 
accordance with this chapter and the Texas Rules of Civil Procedure 
and has the same force and effect as if the manner of service and 
return had been specified in this chapter.
	(e)  Except in instances in which this chapter expressly 
provides for another method of service, a notice or citation 
required to be served on a guardian or receiver shall be served by 
the clerk that issues the citation or notice.  The clerk shall serve 
the citation or notice by sending the original citation or notice by 
registered or certified mail to the attorney of record for the 
guardian or receiver or to the guardian or receiver, if the guardian 
or receiver does not have an attorney of record.
	(f)(1) In cases in which it is provided that personal service 
shall be had with respect to a citation or notice, the citation or 
notice must be served on the attorney of record for the person who 
is being cited or notified.  Notwithstanding the requirement of 
personal service, service may be made on the attorney by any method 
specified under this chapter for service on an attorney.  If there 
is no attorney of record in the proceeding for the person who is 
being cited or notified, or if an attempt to make service on the 
attorney was unsuccessful, a citation or notice directed to a 
person within this state must be served in person by the sheriff or 
constable on the person who is being cited or notified by delivering 
to the person a true copy of the citation or notice at least 10 days 
before the return day on the citation or notice, exclusive of the 
date of service.  If the person who is being cited or notified is 
absent from the state or is a nonresident, the citation or notice 
may be served by a disinterested person competent to make oath of 
the fact.  The citation or notice served by a disinterested person 
shall be returnable at least 10 days after the date of service, 
exclusive of the date of service.  The return of the person serving 
the citation or notice shall be endorsed on or attached to the 
citation or notice.  The return must show the time and place of 
service, certify that a true copy of the citation or notice was 
delivered to the person directed to be served, be subscribed and 
sworn to before an officer authorized by the laws of this state to 
take affidavits, under the hand and official seal of the officer, 
and returned to the county clerk who issued the citation or notice.  
If the citation or notice is returned with the notation that the 
person sought to be served, whether or not within this state, cannot 
be found, the clerk shall issue a new citation or notice directed to 
the person sought to be served and service shall be by publication.
	(2)  When citation or notice is required to be posted, the 
sheriff or constable shall post the citation or notice at the 
courthouse door of the county in which the proceeding is pending, or 
at the place in or near the courthouse where public notices 
customarily are posted, for at least 10 days before the return day 
of the citation or notice, exclusive of the date of posting.  The 
clerk shall deliver the original and a copy of the citation or 
notice to the sheriff or a constable of the proper county, who shall 
post the copy as prescribed by this section and return the original 
to the clerk, stating in a written return of the copy the time when 
and the place where the sheriff or constable posted the copy.  The 
date of posting is the date of service.  When posting of notice by a 
guardian is authorized or required, the method prescribed by this 
section shall be followed.  The notice is to be issued in the name of 
the guardian, addressed and delivered to, posted and returned by, 
the proper officer, and filed with the clerk.
	(3)  When a person is to be cited or notified by publication, 
the citation or notice shall be published once in a newspaper of 
general circulation in the county in which the proceeding is 
pending, and the publication shall be not less than 10 days before 
the return date of the citation or notice, exclusive of the date of 
publication.  The date of publication of the newspaper in which the 
citation or notice is published appears is the date of service.  If 
there is no newspaper of general circulation published or printed 
in the county in which citation or notice is to be had, service of 
the citation or notice shall be by posting.
	(4)(A) When a citation or notice is required or permitted to 
be served by registered or certified mail, other than a notice 
required to be given by a guardian, the clerk shall issue the 
citation or notice and shall serve the citation or notice by sending 
the original citation or notice by registered or certified mail.  A 
guardian shall issue notice required to be given by the guardian by 
registered or certified mail, and the guardian shall serve the 
notice by sending the original notice by registered or certified 
mail.  The citation or notice shall be mailed return receipt 
requested with instructions to deliver to the addressee only.  The 
envelope containing the citation or notice shall be addressed to 
the attorney of record in the proceeding for the person who is being 
cited or notified, but if there is no attorney of record, or if the 
citation or notice is returned undelivered, the envelope containing 
the citation or notice shall be addressed to the person who is being 
cited or notified.  A copy of the citation or notice and the 
certificate of the clerk or guardian showing the fact and date of 
mailing shall be filed and recorded.  If a receipt is returned, it 
shall be attached to the certificate.
	(B)  When a citation or notice is required or permitted to be 
served by ordinary mail, the clerk or the guardian when required by 
statute or court order, shall serve the citation or notice by 
mailing the original to the person being cited or notified.  A copy 
of the citation or notice and a certificate of the person serving 
the citation or notice that shows the fact and time of mailing shall 
be filed and recorded.
	(C)  When service is made by mail, the date of mailing is the 
date of service.  Service by mail must be made not less than 20 days 
before the return day of the citation or notice, exclusive of the 
date of service.
	(D)  If a citation or notice served by mail is returned 
undelivered, a new citation or notice shall be issued, and the new 
citation or notice shall be served by posting.
	(g)  A citation or notice issued by the clerk and served by 
personal service, by mail, by posting, or by publication shall be 
returned to the court from which the citation or notice was issued 
on the first Monday after the service is perfected.
	(h)  In a guardianship matter in which citation or notice is 
required to be served by posting and issued in conformity with the 
applicable provision of this code, the citation or notice and the 
service of and return of the citation or notice is sufficient and 
valid if a sheriff or constable posts a copy of the citation or 
notice at the place or places prescribed by this chapter on a day 
that is sufficiently before the return day contained in the 
citation or notice for the period of time for which the citation or 
notice is required to be posted to elapse before the return day of 
the citation or notice.  The sufficiency or validity of the citation 
or notice or the service of or return of the service of the citation 
or notice is not affected by the fact that the sheriff or constable 
makes his return on the citation or notice and returns the citation 
or notice to the court before the period elapses for which the 
citation or notice is required to be posted, even though the return 
is made, and the citation or notice is returned to the court, on the 
same day it is issued.
	(i)  Proof of service by publication, posting, mailing, or 
otherwise in all cases requiring notice or citation shall be filed 
before a hearing.  Proof of service made by a sheriff or constable 
shall be made by the return of service.  Service made by a private 
person shall be proved by the person's affidavit.  Proof of service 
by publication shall be made by an affidavit of the publisher or of 
an employee of the publisher that shows the issue date of the 
newspaper that carried the notice or citation and that has attached 
to or embodied in the affidavit a copy of the notice or citation.  
Proof of service by mail shall be made by the certificate of the 
clerk, or the affidavit of the guardian or other person that makes 
the service that states the fact and time of mailing.  The return 
receipt must be attached to the certificate, if a receipt has been 
returned if service is made by registered or certified mail.
	(j)  At any time after an application is filed for the 
purpose of commencing a guardianship proceeding, a person 
interested in the estate or welfare of a ward or an incapacitated 
person may file with the clerk a written request that the person be 
notified of any or all specifically designated motions, 
applications, or pleadings filed by any person, or by a person 
specifically designated in the request.  The person who makes the 
request is responsible for the fees and costs associated with the 
documents specified in the request.  The clerk may require a deposit 
to cover the estimated costs of furnishing the person with the 
requested notice.  The clerk by ordinary mail shall send to the 
requesting person a copy of any document specified in the request.  
A proceeding is not invalid if the clerk fails to comply with the 
request under this subsection.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 633. NOTICE AND CITATION.  (a) On the filing of an 
application for guardianship, notice shall be issued and served as 
provided by this section.
	(b)  The court clerk shall issue a citation stating that the 
application for guardianship was filed, the name of the proposed 
ward, the name of the applicant, and the name of the person to be 
appointed guardian as provided in the application, if that person 
is not the applicant.  The citation must cite all persons interested 
in the welfare of the proposed ward to appear at the time and place 
stated in the notice if they wish to contest the application.  The 
citation shall be posted.
	(c)  The sheriff or other officer shall personally serve 
citation to appear and answer the application for guardianship on:
	(1)  a proposed ward who is 12 years of age or older;                          
	(2)  the parents of a proposed ward if the whereabouts of the 
parents are known or can be reasonably ascertained;
	(3)  any court-appointed conservator or person having 
control of the care and welfare of the proposed ward;
	(4)  a proposed ward's spouse if the whereabouts of the 
spouse are known or can be reasonably ascertained;  and
	(5)  the person named in the application to be appointed 
guardian, if that person is not the applicant.
	(d)  The applicant shall mail a copy of the application for 
guardianship and a notice containing the information required in 
the citation issued under Subsection (b) of this section by 
registered or certified mail, return receipt requested, or by any 
other form of mail that provides proof of delivery, to the following 
persons, if their whereabouts are known or can be reasonably 
ascertained:
	(1)  all adult children of a proposed ward;                                    
	(2)  all adult siblings of a proposed ward;                                    
	(3)  the administrator of a nursing home facility or similar 
facility in which the proposed ward resides;
	(4)  the operator of a residential facility in which the 
proposed ward resides;
	(5)  a person whom the applicant knows to hold a power of 
attorney signed by the proposed ward;
	(6)  a person designated to serve as guardian of the proposed 
ward by a written declaration under Section 679 of this code, if the 
applicant knows of the existence of the declaration;
	(7)  a person designated to serve as guardian of the proposed 
ward in the probated will of the last surviving parent of the ward;
	(8)  a person designated to serve as guardian of the proposed 
ward by a written declaration of the proposed ward's last surviving 
parent, if the declarant is deceased and the applicant knows of the 
existence of the declaration;  and
	(9)  each person named as next of kin in the application for 
guardianship as required by Section 682(10) or (12) of this code.
	(d-1)  The applicant shall file with the court:                                
	(1)  a copy of any notice required by Subsection (d) of this 
section and the proofs of delivery of the notice;  and
	(2)  an affidavit sworn to by the applicant or the 
applicant's attorney stating:
	(A)  that the notice was mailed as required by Subsection (d) 
of this section;  and
	(B)  the name of each person to whom the notice was mailed, if 
the person's name is not shown on the proof of delivery.
	(e)  A person other than the proposed ward who is entitled to 
receive notice or personal service of citation under Subsections 
(c) and (d) of this section may choose, in person or by attorney ad 
litem, by writing filed with the clerk, to waive the receipt of 
notice or the issuance and personal service of citation.
	(f)  The court may not act on an application for the creation 
of a guardianship until the Monday following the expiration of the 
10-day period beginning the date service of notice and citation has 
been made as provided by Subsections (b), (c), and (d)(1) of this 
section and the applicant has complied with Subsection (d-1) of 
this section.  The validity of a guardianship created under this 
chapter is not affected by the failure of the applicant to comply 
with the requirements of Subsections (d)(2)-(9) of this section.
	(g)  It is not necessary for a person who files an 
application for the creation of a guardianship under this chapter 
to be served with citation or waive the issuance and personal 
service of citation under this section.

Added by Acts 1995, 74th Leg., ch. 1039, § 18, eff. Sept. 1, 
1995.  Amended by Acts 1997, 75th Leg., ch. 77, § 2, eff. Sept. 1, 
1997;  Acts 1999, 76th Leg., ch. 379, § 3, eff. Sept. 1, 1999;  
Acts 1999, 76th Leg., ch. 997, § 1, eff. Sept. 1, 1999;  Acts 
2001, 77th Leg., ch. 940, § 1, eff. Sept. 1, 2001;  Acts 2001, 
77th Leg., ch. 1174, § 2, eff. Sept. 1, 2001.

Subsecs. (d), (f) amended by Acts 2003, 78th Leg., ch. 549, § 8, 
eff. Sept. 1, 2003;  Subsec. (d-1) added by Acts 2003, 78th Leg., 
ch. 549, § 8.


	§ 634. SERVICE ON ATTORNEY.  (a) If an attorney has 
entered an appearance on record for a party in a guardianship 
proceeding, a citation or notice required to be served on the party 
shall be served on the attorney.  Service on the attorney of record 
is in lieu of service on the party for whom the attorney appears.  
Except as provided by Section 633(e) of this code, an attorney ad 
litem may not waive personal service of citation.
	(b)  A notice served on an attorney under this section may be 
served by registered or certified mail, return receipt requested, 
by any other form of mail requiring proof of delivery, or by 
delivery to the attorney in person.  A party to the proceeding or 
the party's attorney of record, an appropriate sheriff or 
constable, or another person who is competent to testify may serve 
notice or citation to an attorney under this section.
	(c)  A written statement by an attorney of record, the return 
of the officer, or the affidavit of a person that shows service is 
prima facie evidence of the fact of service.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           

Amended by Acts 2003, 78th Leg., ch. 549, § 9, eff. Sept. 1, 
2003.       


	§ 635. WAIVER OF NOTICE.  A competent person who is 
interested in a hearing in a guardianship proceeding, in person or 
by attorney, may waive in writing notice of the hearing.  A consul 
or other representative of a foreign government, whose appearance 
has been entered as provided by law on behalf of a person residing 
in a foreign country, may waive notice on behalf of the person.  A 
person who submits to the jurisdiction of the court in a hearing is 
deemed to have waived notice of the hearing.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 636. NOTICES TO DEPARTMENT OF VETERANS AFFAIRS BY 
GUARDIANS.  When an annual or other account of funds, or an 
application for the expenditure of or investment of funds is filed 
by a guardian whose ward is a beneficiary of the Department of 
Veterans Affairs, or when a claim against the estate of a ward who 
is a beneficiary of the Department of Veterans Affairs is filed, the 
court shall set a date for the hearing of the account, application, 
petition, or claim to be held not less than 20 days from the date of 
the filing of the account, application, petition, or claim.  The 
person who files the account, application, petition, or claim shall 
give notice of the date of the filing to the office of the 
Department of Veterans Affairs in whose territory the court is 
located by mailing to the office a certified copy of the account, 
application, petition, or claim not later than five days after the 
date of the filing.  An office of the Department of Veterans 
Affairs, through its attorney, may waive the service of notice and 
the time within which a hearing may be had in those cases.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 1039, § 19, eff. Sept. 1, 
1995.

PART E. TRIAL AND HEARING MATTERS


	§ 641. DEFECTS IN PLEADING.  A court may not invalidate a 
pleading in a guardianship matter or an order based on the pleading 
based on a defect of form or substance in the pleading, unless the 
defect has been timely objected to and called to the attention of 
the court in which the proceeding was or is pending.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 642. STANDING TO COMMENCE OR CONTEST PROCEEDING.  (a) 
Except as provided by Subsection (b) of this section, any person has 
the right to commence any guardianship proceeding, including a 
proceeding for complete restoration of a ward's capacity or 
modification of a ward's guardianship, or to appear and contest any 
guardianship proceeding or the appointment of a particular person 
as guardian.
	(b)  A person who has an interest that is adverse to a 
proposed ward or incapacitated person may not:
	(1)  file an application to create a guardianship for the 
proposed ward or incapacitated person;
	(2)  contest the creation of a guardianship for the proposed 
ward or incapacitated person;
	(3)  contest the appointment of a person as a guardian of the 
person or estate, or both, of the proposed ward or incapacitated 
person;  or
	(4)  contest an application for complete restoration of a 
ward's capacity or modification of a ward's guardianship.
	(c)  The court shall determine by motion in limine the 
standing of a person who has an interest that is adverse to a 
proposed ward or incapacitated person.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 1039, § 20, eff. Sept. 1, 
1995;  Acts 1999, 76th Leg., ch. 829, § 2, eff. Sept. 1, 1999.


	§ 643. TRIAL BY JURY.  A party in a contested guardianship 
proceeding is entitled, on request, to a jury trial.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 644. HEARING BY SUBMISSION.  (a) A court may consider by 
submission a motion or application filed under this chapter unless 
the proceeding is:
	(1)  contested;  or                                                            
	(2)  an application for the appointment of a guardian.                         
	(b)  The burden of proof at a hearing on a motion or 
application that is being considered by the court on submission is 
on the party who is seeking relief under the motion or application.
	(c)  The court may consider a person's failure to file a 
response to a motion or application that may be considered on 
submission as a representation that the person does not oppose the 
motion or application.
	(d)  A person's request for oral argument is not a response 
to a motion or application under this section.
	(e)  The court, on its own motion, may order oral argument on 
a motion or application that may be considered by submission.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 1039, § 21, eff. Sept. 1, 
1995.


	§ 645. GUARDIANS AD LITEM.  (a) The judge may appoint a 
guardian ad litem to represent the interests of an incapacitated 
person in a guardianship proceeding.
	(b)  A guardian ad litem is entitled to reasonable 
compensation for services in the amount set by the court to be taxed 
as costs in the proceeding.
	(c)  A guardian ad litem is an officer of the court.  The 
guardian ad litem shall protect the incapacitated person in a 
manner that will enable the court to determine what action will be 
in the best interests of the incapacitated person.
	(d)  If a guardian ad litem is appointed under Section 681(4) 
of this code, the fees and expenses of the guardian ad litem are 
costs of the litigation proceeding that made the appointment 
necessary.
	(e)  In the interest of judicial economy, the court may 
appoint as guardian ad litem under Section 681(4) of this code the 
person who has been appointed attorney ad litem under Section 646 of 
this code or the person who is serving as an ad litem for the benefit 
of the ward in any other proceeding.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 645A. IMMUNITY.  (a) A guardian ad litem appointed 
under Section 645, 683, or 694A of this code to represent the 
interests of an incapacitated person in a guardianship proceeding 
involving the creation, modification, or termination of a 
guardianship is not liable for civil damages arising from a 
recommendation made or an opinion given in the capacity of guardian 
ad litem.
	(b)  Subsection (a) of this section does not apply to a 
recommendation or opinion that is:
	(1)  wilfully wrongful;                                                        
	(2)  given with conscious indifference or reckless disregard 
to the safety of another;
	(3)  given in bad faith or with malice;  or                                    
	(4)  grossly negligent.                                                        

Added by Acts 2003, 78th Leg., ch. 622, § 1, eff. Sept. 1, 2003.           


	§ 646. APPOINTMENT OF ATTORNEY AD LITEM AND 
INTERPRETER.  (a) In a proceeding under this chapter for the 
appointment of a guardian, the court shall appoint an attorney ad 
litem to represent the interests of the proposed ward.  The attorney 
shall be supplied with copies of all of the current records in the 
case and may have access to all of the proposed ward's relevant 
medical, psychological, and intellectual testing records.
	(b)  To be eligible for appointment as an attorney ad litem, 
a person must have the certification required by Section 647A of 
this code.
	(c)  A person whose certificate has expired must obtain a new 
certificate to be eligible for appointment as an attorney ad litem.
	(d)  At the time of the appointment of the attorney ad litem, 
the court shall also appoint a language interpreter or a sign 
interpreter if necessary to ensure effective communication between 
the proposed ward and the attorney.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 1039, § 22, 74, eff. Sept. 
1, 1995;  Acts 1999, 76th Leg., ch. 379, § 4, eff. Sept. 1, 1999;  
Acts 1999, 76th Leg., ch. 716, § 1, eff. Sept. 1, 1999.


	§ 647. DUTIES OF ATTORNEY AD LITEM.  (a) An attorney ad 
litem appointed under Section 646 of this code to represent a 
proposed ward shall, within a reasonable time before the hearing, 
interview the proposed ward.  To the greatest extent possible, the 
attorney shall discuss with the proposed ward the law and facts of 
the case, the proposed ward's legal options regarding disposition 
of the case, and the grounds on which guardianship is sought.
	(b)  Before the hearing, the attorney shall review the 
application for guardianship, certificates of current physical, 
medical, and intellectual examinations, and all of the proposed 
ward's relevant medical, psychological, and intellectual testing 
records.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 647A. CERTIFICATION REQUIREMENT FOR CERTAIN 
COURT-APPOINTED ATTORNEYS.  (a) A court-appointed attorney in any 
guardianship proceeding must be certified by the State Bar of Texas 
or a person or other entity designated by the state bar as having 
successfully completed a course of study in guardianship law and 
procedure sponsored by the state bar or its designee.
	(b)  For certification under this section, the state bar 
shall require three hours of credit.
	(c)  Except as provided by Subsection (e) of this section, a 
certificate issued under this section expires on the second 
anniversary of the date the certificate is issued.
	(d)  To be eligible to be appointed by a court to represent a 
person at a guardianship proceeding, an attorney whose certificate 
has expired must obtain a new certificate.
	(e)  A new certificate obtained by a person who previously 
has been issued a certificate under this section expires on the 
fourth anniversary of the date the new certificate is issued if the 
person has been certified each of the four years immediately 
preceding the date the new certificate is issued.

Added by Acts 1999, 76th Leg., ch. 716, § 2, eff. Sept. 1, 1999.           


	§ 648. COURT VISITOR PROGRAM.  (a) Each statutory probate 
court shall operate a court visitor program to assess the 
conditions of wards and proposed wards.  Another court that has 
jurisdiction over a guardianship proceeding may operate a court 
visitor program in accordance with the population needs and 
financial abilities of the jurisdiction.  A court that operates a 
court visitor program shall use persons willing to serve without 
compensation to the greatest extent possible.
	(b)  On request by any interested person, including a ward or 
proposed ward, or on its own motion, and at any time before the 
appointment of a guardian or during the pendency of a guardianship 
of the person or estate, a court may appoint a court visitor to 
evaluate the ward or proposed ward and provide a written report that 
substantially complies with Subsection (c) of this section.
	(c)  A court visitor's report must include:                                    
	(1)  a description of the nature and degree of capacity and 
incapacity of the ward or proposed ward, including the medical 
history of the ward or proposed ward, if reasonably available and 
not waived by the court;
	(2)  a medical prognosis and a list of the treating 
physicians of the ward or proposed ward, when appropriate;
	(3)  a description of the living conditions and 
circumstances of the ward or proposed ward;
	(4)  a description of the social, intellectual, physical, 
and educational condition of the ward or proposed ward;
	(5)  a statement that the court visitor has personally 
visited or observed the ward or proposed ward;
	(6)  a statement of the date of the most recent visit by the 
guardian, if one has been appointed;
	(7)  a recommendation as to any modifications needed in the 
guardianship or proposed guardianship, including removal or denial 
of the guardianship;  and
	(8)  any other information required by the court.                              
	(d)  The court visitor shall file the report not later than 
the 14th day after the date of the evaluation conducted by the court 
visitor, and the court visitor making the report must swear, under 
penalty of perjury, to its accuracy to the best of the court 
visitor's knowledge and belief.
	(e)  A court visitor who has not expressed a willingness to 
serve without compensation is entitled to reasonable compensation 
for services in an amount set by the court and to be taxed as costs 
in the proceeding.
	(f)  This section does not apply to a guardianship that is 
created only because it is necessary for a person to have a guardian 
appointed to receive funds from a governmental source.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 1039, § 23, eff. Sept. 1, 
1995.


	§ 648A. DUTIES OF COURT INVESTIGATOR.  (a) On the filing 
of an application for guardianship under Section 682 of this code, a 
court investigator shall investigate the circumstances alleged in 
the application to determine whether a less restrictive alternative 
than guardianship is appropriate.
	(b)  A court investigator shall:                                               
	(1)  supervise the court visitor program established under 
Section 648 of this code and in that capacity serve as the chief 
court visitor;
	(2)  investigate a complaint received from any person about a 
guardianship and report to the judge, if necessary;  and
	(3)  perform other duties as assigned by the judge or 
required by this code. 
	(c)  After making an investigation under Subsection (a) or 
(b) of this section, a court investigator shall file with the court 
a report of the court investigator's findings and conclusions.  
Disclosure to a jury of the contents of a court investigator's 
report is subject to the Texas Rules of Civil Evidence.  In a 
contested case, the court investigator shall provide copies of the 
report to the attorneys for the parties before the earlier of:
	(1)  the seventh day after the day the report is completed;  
or              
	(2)  the 10th day before the day the trial is scheduled to 
begin.            
	(d)  Nothing in this section supersedes any duty or 
obligation of another to report or investigate abuse or neglect 
under any statute of this state.

Added by Acts 1995, 74th Leg., ch. 1039, § 24, eff. Sept. 1, 
1995.  Amended by Acts 1999, 76th Leg., ch. 829, § 3, eff. Sept. 
1, 1999.


	§ 649. EVIDENCE.  In a guardianship proceeding, the rules 
relating to witnesses and evidence that govern in the district 
court apply as far as practicable.  If there is no opposing party or 
attorney of record on whom to serve notice and copies of 
interrogatories, service may be had by posting notice of the 
intention to take depositions for a period of 10 days as provided by 
this chapter in the provisions governing a posting of notice.  When 
notice by posting under this section is filed with the clerk, a copy 
of the interrogatories shall also be filed.  At the expiration of 
the 10-day period, commission may issue for taking the depositions 
and the judge may file cross-interrogatories if no person appears.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 650. DECREES AND SIGNING OF MINUTES.  A decision, 
order, decree, or judgment of the court in a guardianship matter 
must be rendered in open court, except in a case in which it is 
otherwise expressly provided.  The judge shall approve and sign the 
guardianship minutes on the first day of each month.  If the first 
day of the month falls on a Saturday, Sunday, or legal holiday, the 
judge's approval shall be entered on the preceding or succeeding 
day.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 651. ENFORCEMENT OF ORDERS.  The judge may enforce 
obedience to an order entered against a guardian by attachment and 
imprisonment.  An imprisonment of a guardian may not exceed three 
days for any one offense, unless expressly provided otherwise in 
this chapter.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           

PART F. POST-TRIAL MATTERS


	§ 653. EXECUTION.  An execution in a guardianship matter 
shall be directed "To any sheriff or any constable within the State 
of Texas," made returnable in 60 days, and attested and signed by 
the clerk officially under the seal of the court.  A proceeding 
under an execution in a guardianship matter is governed so far as 
applicable by the laws regulating a proceeding under an execution 
issued from the district court.  An execution directed to the 
sheriff or a constable of a specific county in this state may not be 
held defective if the execution was properly executed within the 
county by the officer to whom the direction for execution was given.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 654. ATTACHMENT FOR PROPERTY.  When a complaint in 
writing and under oath that the guardian is about to remove the 
estate or any part of the estate beyond the limits of the state is 
made to the judge by a person interested in the estate of a minor or 
other incapacitated person, the judge may order a writ to issue, 
directed "To any sheriff or any constable within the State of 
Texas," commanding the sheriff or constable to seize the estate or 
any part of the estate and to hold the estate subject to further 
court order.  The judge may not issue a writ unless the complainant 
gives a bond, in the sum the judge requires, payable to the guardian 
of the estate and conditioned on payment of all damages and costs 
that shall be recovered for a wrongful suit out of the writ.  A writ 
of attachment directed to the sheriff or a constable of a specific 
county in this state is not defective if the writ was properly 
executed within the county by the officer to whom the direction to 
seize the estate was given.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 655. GUARDIAN TO SERVE PENDING APPEAL OF 
APPOINTMENT.  Pending an appeal from an order or judgment 
appointing a guardian, an appointee shall continue to act as 
guardian and shall continue the prosecution of a pending suit in 
favor of the guardianship.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 656. APPEAL BOND OF GUARDIAN.  When a guardian appeals, 
a bond is not required, unless the appeal personally concerns the 
guardian, in which case the guardian must give the bond.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 657. BILL OF REVIEW.  A person interested, including a 
ward, by bill of review filed in the court in which a guardianship 
proceeding took place, may have a decision, order, or judgment 
rendered by the court, revised and corrected if an error is shown on 
the decision, order, or judgment.  A process or action under the 
decision, order, or judgment is not stayed except by writ of 
injunction.  A bill of review may not be filed after two years have 
elapsed from the date of the decision, order, or judgment.  A person 
with a disability has two years after the removal of the person's 
respective disability to apply for a bill of review.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           

PART G. LETTERS OF GUARDIANSHIP


	§ 659. ISSUANCE OF LETTERS OF GUARDIANSHIP.  (a) When a 
person who is appointed guardian has qualified under Section 699 of 
this code, the clerk shall issue to the guardian a certificate under 
seal, stating the fact of the appointment, of the qualification, 
the date of the appointment and qualification, and the date the 
letters of guardianship expire.  The certificate issued by the 
clerk constitutes letters of guardianship.
	(b)  All letters of guardianship expire one year and four 
months after the date of issuance unless renewed.
	(c)  The clerk may not renew letters of guardianship relating 
to the appointment of a guardian of the estate until the court 
receives and approves the guardian's annual accounting.  The clerk 
may not renew letters of guardianship relating to the appointment 
of a guardian of the person until the court receives and approves 
the annual report.  If the guardian's annual accounting or annual 
report is disapproved or not timely filed, the clerk may not issue 
further letters of guardianship to the delinquent guardian unless 
ordered by the court.
	(d)  Regardless of the date the court approves an annual 
accounting or annual report for purposes of this section, a renewal 
relates back to the date the original letters of guardianship are 
issued, unless the accounting period has been changed as provided 
by this chapter, in which case a renewal relates back to the first 
day of the accounting period.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 1039, § 25, eff. Sept. 1, 
1995.


	§ 660. LETTERS OR ORDER MADE EVIDENCE.  (a) Letters of 
guardianship or a certificate under seal of the clerk of the court 
that granted the letters issued under Section 659 of this code is 
sufficient evidence of the appointment and qualification of the 
guardian and of the date of qualification.
	(b)  The court order that appoints the guardian is evidence 
of the authority granted to the guardian and of the scope of the 
powers and duties that the guardian may exercise only after the date 
letters of guardianship or a certificate has been issued under 
Section 659 of this code.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 1039, § 26, eff. Sept. 1, 
1995.


	§ 661. ISSUANCE OF NEW LETTERS.  When letters of 
guardianship have been destroyed or lost, the clerk shall issue new 
letters that have the same force and effect as the original letters.  
The clerk shall also issue any number of letters on request of the 
person who holds the letters.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 662. RIGHTS OF THIRD PERSONS DEALING WITH 
GUARDIAN.  When a guardian who has qualified performs any act as 
guardian that is in conformity with the guardian's authority and 
the law, the guardian's act continues to be valid for all intents 
and purposes in regard to the rights of an innocent purchaser of the 
property of the guardianship estate who purchased the property from 
the guardian for a valuable consideration, in good faith, and 
without notice of any illegality in the title to the property, even 
if the guardian's act or the authority under which the act was 
performed may later be set aside, annulled, or declared invalid.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 663. VALIDATION OF CERTAIN LETTERS OF 
GUARDIANSHIP.  All presently existing letters of guardianship 
issued to a nonresident guardian, with or without the procedure 
provided in this subpart, in whole or in part, and with or without a 
notice or citation required of resident guardians, are validated as 
of each letter's date, insofar as the absence of the procedure, 
notice, or citations is concerned.  An otherwise valid conveyance, 
mineral lease, or other act of a nonresident guardian qualified and 
acting in connection with the letters of guardianship under 
supporting orders of a county or probate court of this state are 
validated.  This section does not apply to any letters, conveyance, 
lease, or other act of a nonresident guardian under this section if 
the absence of the procedure, notice, or citation involving the 
letters, conveyance, lease, or other act of the nonresident 
guardian is an issue in a lawsuit pending in this state on September 
1, 1993.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           

PART H. COMPENSATION, EXPENSES, AND COURT COSTS


	§ 665. COMPENSATION OF GUARDIANS AND TEMPORARY 
GUARDIANS.  (a) The court may authorize compensation for a guardian 
or a temporary guardian serving as a guardian of the person alone 
from available funds of the ward's estate or other funds available 
for that purpose.  The court shall set the compensation in an amount 
not exceeding five percent of the ward's gross income.  In 
determining whether to authorize compensation for a guardian under 
this section, the court shall consider the ward's monthly income 
from all sources and whether the ward receives medical assistance 
under the state Medicaid program.
	(b)  The guardian or temporary guardian of an estate is 
entitled to reasonable compensation on application to the court at 
the time the court approves any annual accounting or final 
accounting filed by the guardian or temporary guardian under this 
chapter.  A fee of five percent of the gross income of the ward's 
estate and five percent of all money paid out of the estate is 
considered reasonable under this subsection if the court finds that 
the guardian or temporary guardian has taken care of and managed the 
estate in compliance with the standards of this chapter.
	(c)  On application of an interested person or on its own 
motion, the court may review and modify the amount of compensation 
authorized under Subsection (b) of this section if the court finds 
that the amount is unreasonably low when considering the services 
rendered as guardian or temporary guardian.
	(d)  A finding of unreasonably low compensation may not be 
established under Subsection (c) of this section solely because the 
amount of compensation is less than the usual and customary charges 
of the person or entity serving as guardian or temporary guardian.
	(e)  The court, on application of an interested person or on 
its own motion, may deny a fee authorized under this section in 
whole, or in part, if:
	(1)  the court finds that the guardian or temporary guardian 
has not adequately performed the duties required of a guardian or 
temporary guardian under this chapter;  or
	(2)  the guardian or temporary guardian has been removed for 
cause.          
	(f)  Except as provided by Subsection (c) of this section for 
a fee that is determined by the court to be unreasonably low, the 
aggregate fee of the guardian of the person and guardian of the 
estate may not exceed an amount equal to five percent of the gross 
income of the ward's estate plus five percent of all money paid out 
of the estate.
	(g)  If the estate of a ward is insufficient to pay for the 
services of a private professional guardian or a licensed attorney 
serving as guardian of the ward's person, the court may authorize 
compensation for that guardian if funds in the county treasury are 
budgeted for that purpose.
	(h)  In this section:                                                          
	(1)  "Gross income" does not include Department of Veterans 
Affairs or Social Security benefits received by a ward.
	(2)  "Money paid out" does not include any money loaned, 
invested, or paid over on the settlement of the guardianship or a 
tax-motivated gift made by the ward.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 1039, § 27, eff. Sept. 1, 
1995;  Acts 1999, 76th Leg., ch. 905, § 1, eff. Sept. 1, 1999;  
Acts 2001, 77th Leg., ch. 217, § 3, eff. Sept. 1, 2001;  Acts 
2001, 77th Leg., ch. 953, § 1, eff. Sept. 1, 2001.


	§ 665A. PAYMENT FOR PROFESSIONAL SERVICES.  The court 
shall order the payment of a fee set by the court as compensation to 
the attorneys, mental health professionals, and interpreters 
appointed under Section 646 or 687 of this code, as applicable, to 
be taxed as costs in the case.  If after examining the proposed 
ward's assets the court determines the proposed ward is unable to 
pay for services provided by an attorney, a mental health 
professional, or an interpreter appointed under Section 646 or 687 
of this code, as applicable, the county is responsible for the cost 
of those services.

Added by Acts 1995, 74th Leg., ch. 1039, § 28, eff. Sept. 1, 
1995.       


	§ 665B. COMPENSATION OF CERTAIN ATTORNEYS.  (a) A court 
that creates a guardianship for a ward under this chapter, on 
request of a person who filed an application to be appointed 
guardian of the proposed ward or for the appointment of another 
suitable person as guardian of the proposed ward, may authorize 
compensation of an attorney who represents the person who filed the 
application at the application hearing, regardless of whether the 
person is appointed the ward's guardian, from:
	(1)  available funds of the ward's estate;  or                                 
	(2)  the county treasury if:                                                   
	(A)  the ward's estate is insufficient to pay for the 
services provided by the attorney;  and
	(B)  funds in the county treasury are budgeted for that 
purpose.             
	(b)  The court may not authorize compensation under this 
section unless the court finds that the applicant acted in good 
faith and for just cause in the filing and prosecution of the 
application.

Added by Acts 1995, 74th Leg., ch. 1039, § 28, eff. Sept. 1, 
1995.  Amended by Acts 1999, 76th Leg., ch. 905, § 2, eff. Sept. 
1, 1999.

Subsec. (a) amended by Acts 2003, 78th Leg., ch. 549, § 10, eff. 
Sept. 1, 2003.


	§ 665C. COMPENSATION FOR COLLECTION OF CLAIMS AND 
RECOVERY OF PROPERTY.  (a) Except as provided by Subsection (b) of 
this section, a guardian of an estate may enter into a contract to 
convey, or may convey, a contingent interest in any property sought 
to be recovered, not exceeding one-third thereof for services of 
attorneys, subject only to the approval of the court in which the 
estate is being administered.
	(b)  A guardian of an estate may convey or contract to convey 
for services of attorneys a contingent interest that exceeds 
one-third of the property sought to be recovered under this section 
only on the approval of the court in which the estate is being 
administered.  The court must approve a contract entered into or 
conveyance made under this section before an attorney performs any 
legal services.  A contract entered into or conveyance made in 
violation of this section is void, unless the court ratifies or 
reforms the contract or documents relating to the conveyance to the 
extent necessary to cause the contract or conveyance to meet the 
requirements of this section.
	(c)  In approving a contract or conveyance under Subsection 
(a) or (b) of this section for services of an attorney, the court 
shall consider:
	(1)  the time and labor that will be required, the novelty 
and difficulty of the questions to be involved, and the skill that 
will be required to perform the legal services properly;
	(2)  the fee customarily charged in the locality for similar 
legal services; 
	(3)  the value of property recovered or sought to be 
recovered by the personal representative under this section;
	(4)  the benefits to the estate that the attorney will be 
responsible for securing;  and
	(5)  the experience and ability of the attorney who will be 
performing the services.
	(d)  On satisfactory proof to the court, a guardian of an 
estate is entitled to all necessary and reasonable expenses 
incurred by the guardian in collecting or attempting to collect a 
claim or debt owed to the estate or in recovering or attempting to 
recover property to which the estate has a title or claim.

Added by Acts 1995, 74th Leg., ch. 1039, § 28, eff. Sept. 1, 
1995.       


	§ 666. EXPENSES ALLOWED.  A guardian is entitled to be 
reimbursed from the guardianship estate for all necessary and 
reasonable expenses incurred in performing any duty as a guardian, 
including reimbursement for the payment of reasonable attorney's 
fees necessarily incurred by the guardian in connection with the 
management of the estate or any other guardianship matter.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 2001, 77th Leg., ch. 953, § 2, eff. Sept. 1, 
2001.


	§ 667. EXPENSE ACCOUNT.  All expense charges shall be:                      
	(1)  in writing, showing specifically each item of expense 
and the date of the expense;
	(2)  verified by affidavit of the guardian;                                    
	(3)  filed with the clerk;  and                                                
	(4)  paid only if the payment is authorized by court order.                    

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 2001, 77th Leg., ch. 953, § 3, eff. Sept. 1, 
2001.


	§ 668. COSTS ADJUDGED AGAINST GUARDIAN.  When costs are 
incurred because a guardian neglects to perform a required duty or 
if a guardian is removed for cause, the guardian and the sureties on 
the guardian's bond are liable for:
	(1)  costs of removal and other additional costs incurred 
that are not authorized expenditures under this chapter;  and
	(2)  reasonable attorney's fees incurred in removing the 
guardian or in obtaining compliance regarding any statutory duty 
the guardian has neglected.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 669. COSTS AGAINST GUARDIANSHIP.  (a) Except as 
provided by Subsection (b), in a guardianship matter, the cost of 
the proceeding, including the cost of the guardian ad litem or court 
visitor, shall be paid out of the guardianship estate, or, if the 
estate is insufficient to pay for the cost of the proceeding, the 
cost of the proceeding shall be paid out of the county treasury, and 
the judgment of the court shall be issued accordingly.
	(b)  If a court denies an application for the appointment of 
a guardian under this chapter based on the recommendation of a court 
investigator, the applicant shall pay the cost of the proceeding.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 1039, § 29, eff. Sept. 1, 
1995.

PART I. DUTY AND RESPONSIBILITY OF COURT


	§ 671. JUDGE'S DUTY.  (a) The court shall use reasonable 
diligence to determine whether a guardian is performing all of the 
duties required of the guardian that pertain to the guardian's 
ward.
	(b)  The judge, at least annually, shall examine the 
well-being of each ward of the court and the solvency of the bonds 
of the guardians of the estates.
	(c)  If after examining the solvency of a guardian's bond 
under this section a judge determines that the guardian's bond is 
not sufficient to protect the ward or the ward's estate, the judge 
shall require the guardian to execute a new bond.
	(d)  The judge shall notify the guardian and the sureties on 
the bond as provided by law.  If damage or loss results to a 
guardianship or ward because of gross neglect of the judge to use 
reasonable diligence in the performance of the judge's duty under 
this section, the judge shall be liable on the judge's bond to those 
damaged by the judge's neglect.
	(e)  The court may request an applicant or court-appointed 
fiduciary to produce other information identifying an applicant, 
ward, or guardian, including social security numbers, in addition 
to identifying information the applicant or fiduciary is required 
to produce under this code.  The court shall maintain the 
information required under this subsection, and the information may 
not be filed with the clerk.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1997, 75th Leg., ch. 77, § 3, eff. Sept. 1, 1997.


	§ 672. ANNUAL DETERMINATION WHETHER GUARDIANSHIP SHOULD 
BE CONTINUED, MODIFIED, OR TERMINATED.  (a) A court in which a 
guardianship proceeding is pending shall review annually each 
guardianship in which the application to create the guardianship 
was filed after September 1, 1993, and may review annually any other 
guardianship to determine whether the guardianship should be 
continued, modified, or terminated.
	(b)  In reviewing a guardianship as provided by Subsection 
(a) of this section, a statutory probate court may:
	(1)  review any report prepared by a court investigator under 
Section 648A or 694A(c) of this code;
	(2)  review any report prepared by a guardian ad litem under 
Section 694A(c) of this code;
	(3)  review any report prepared by a court visitor under 
Section 648 of this code;
	(4)  conduct a hearing;  or                                                    
	(5)  review an annual account prepared under Section 741 of 
this code or a report prepared under Section 743 of this code.
	(c)  In reviewing a guardianship as provided by Subsection 
(a) of this section, a court that is not a statutory probate court 
may use any appropriate method determined by the court according to 
the court's caseload and the resources available to the court.
	(d)  A determination under this section must be in writing 
and filed with the clerk.
	(e)  This section does not apply to a guardianship that is 
created only because it is necessary for a person to have a guardian 
appointed to receive funds from a governmental source.

Added by Acts 1995, 74th Leg., ch. 1039, § 30, eff. Sept. 1, 
1995.       

Subsec. (b) amended by Acts 2005, 79th Leg., ch. 200, § 3, eff. 
Sept. 1, 2005.

PART J. LIABILITY OF GUARDIAN


	§ 673. LIABILITY OF GUARDIAN FOR CONDUCT OF WARD.  A 
person is not liable to a third person solely because the person has 
been appointed guardian of a ward under this chapter.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           

Section heading amended by Acts 2005, 79th Leg., ch. 268, § 3.07, 
eff. Sept. 1, 2005.


	§ 674. IMMUNITY OF GUARDIANSHIP PROGRAM.  A guardianship 
program is not liable for civil damages arising from an action taken 
or omission made by a person while providing guardianship services 
to a ward on behalf of the guardianship program, unless the action 
or omission:
	(1)  was wilfully wrongful;                                                    
	(2)  was taken or made with conscious indifference or 
reckless disregard to the safety of the incapacitated person or 
another;
	(3)  was taken or made in bad faith or with malice;  or                        
	(4)  was grossly negligent.                                                    

Added by Acts 2005, 79th Leg., ch. 268, § 3.08, eff. Sept. 1, 
2005.      

PART A. APPOINTMENT


	§ 675. RIGHTS AND POWERS RETAINED BY WARD.  An 
incapacitated person for whom a guardian is appointed retains all 
legal and civil rights and powers except those designated by court 
order as legal disabilities by virtue of having been specifically 
granted to the guardian.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           


	§ 676. GUARDIANS OF MINORS.  (a) Except as provided by 
Section 680 of this code, the selection of a guardian for a minor is 
governed by this section.
	(b)  If the parents live together, both parents are the 
natural guardians of the person of the minor children by the 
marriage, and one of the parents is entitled to be appointed 
guardian of the children's estates.  If the parents disagree as to 
which parent should be appointed, the court shall make the 
appointment on the basis of which parent is better qualified to 
serve in that capacity.  If one parent is dead, the survivor is the 
natural guardian of the person of the minor children and is entitled 
to be appointed guardian of their estates.  The rights of parents 
who do not live together are equal, and the guardianship of their 
minor children shall be assigned to one or the other, considering 
only the best interests of the children.
	(c)  In appointing a guardian for a minor orphan:                              
	(1)  if the last surviving parent did not appoint a guardian, 
the nearest ascendant in the direct line of the minor is entitled to 
guardianship of both the person and the estate of the minor;
	(2)  if more than one ascendant exists in the same degree in 
the direct line, one ascendant shall be appointed, according to 
circumstances and considering the best interests of the minor;
	(3)  if the minor has no ascendant in the direct line, the 
nearest of kin shall be appointed, and if there are two or more 
persons in the same degree of kinship, one shall be appointed, 
according to circumstances and considering the best interests of 
the minor;  and
	(4)  if no relative of the minor is eligible to be guardian, 
or if no eligible person applies to be guardian, the court shall 
appoint a qualified person as guardian.
	(d)  Notwithstanding Subsection (b) of this section and 
Section 690 of this code, the surviving parent of a minor may by 
will or written declaration appoint any eligible person to be 
guardian of the person of the parent's minor children after the 
death of the parent or in the event of the parent's incapacity.
	(e)  After the death of the surviving parent of a minor or if 
the court finds the surviving parent is an incapacitated person, as 
appropriate, the court shall appoint the person designated in the 
will or declaration to serve as guardian of the person of the 
parent's minor children in preference to those otherwise entitled 
to serve as guardian under this chapter unless the court finds that 
the designated guardian is disqualified, is dead, refuses to serve, 
or would not serve the best interests of the minor children.
	(f)  On compliance with this chapter, an eligible person is 
also entitled to be appointed guardian of the children's estates 
after the death of the parent or in the event of the parent's 
incapacity.
	(g)  The powers of a person appointed to serve as the 
designated guardian of the person or estate, or both, of a minor 
child solely because of the incapacity of the minor's surviving 
parent and in accordance with this section and Section 677A of this 
code terminate when a probate court enters an order finding that the 
surviving parent is no longer an incapacitated person.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 304, § 1, eff. Sept. 1, 
1995;  Acts 2001, 77th Leg., ch. 217, § 4, eff. Sept. 1, 2001.


	§ 677. GUARDIANS OF PERSONS OTHER THAN MINORS.  (a) The 
court shall appoint a guardian for a person other than a minor 
according to the circumstances and considering the best interests 
of the ward.  If the court finds that two or more eligible persons 
are equally entitled to be appointed guardian:
	(1)  the ward's spouse is entitled to the guardianship in 
preference to any other person if the spouse is one of the eligible 
persons;
	(2)  the eligible person nearest of kin to the ward is 
entitled to the guardianship if the ward's spouse is not one of the 
eligible persons;  or
	(3)  the court shall appoint the eligible person who is best 
qualified to serve as guardian if:
	(A)  the persons entitled to serve under Subdivisions (1) and 
(2) of this section refuse to serve;
	(B)  two or more persons entitled to serve under Subdivision 
(2) of this section are related in the same degree of kinship to the 
ward;  or
	(C)  neither the ward's spouse or any person related to the 
ward is an eligible person.
	(b)  The surviving parent of an adult individual who is an 
incapacitated person may by will or written declaration appoint an 
eligible person to be guardian of the person of the adult individual 
after the parent's death or in the event of the parent's incapacity 
if the parent is the guardian of the person of the adult individual.
	(c)  After the death of the surviving parent of an adult 
individual who is an incapacitated person or if the court finds the 
surviving parent becomes an incapacitated person after being 
appointed the individual's guardian, as appropriate, the court 
shall appoint the person designated in the will or declaration to 
serve as guardian in preference to those otherwise entitled to 
serve as guardian under this chapter unless the court finds that the 
designated guardian is disqualified, is dead, refuses to serve, or 
would not serve the best interests of the adult individual.
	(d)  On compliance with this chapter, the eligible person 
appointed under Subsection (c) of this section is also entitled to 
be appointed guardian of the adult individual's estate after the 
death of the individual's parent or in the event of the parent's 
incapacity if the individual's parent is the guardian of the 
individual's estate.
	(e)  The powers of a person appointed to serve as the 
designated guardian of the person or estate, or both, of an adult 
individual solely because of the incapacity of the individual's 
surviving parent and in accordance with this section and Section 
677A of this code terminate when a probate court enters an order 
finding that the surviving parent is no longer an incapacitated 
person and reappointing the surviving parent as the individual's 
guardian.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 304, § 2, eff. Sept. 1, 
1995;  Acts 2001, 77th Leg., ch. 217, § 5, eff. Sept. 1, 2001.


	§ 677A. WRITTEN DECLARATIONS BY CERTAIN PARENTS TO 
APPOINT GUARDIANS FOR THEIR CHILDREN.  (a) A written declaration 
appointing an eligible person to be guardian of the person of the 
parent's child under Section 676(d) or 677(b) of this code must be 
signed by the declarant and be:
	(1)  written wholly in the handwriting of the declarant;  or                   
	(2)  attested to in the presence of the declarant by at least 
two credible witnesses 14 years of age or older who are not named as 
guardian or alternate guardian in the declaration.
	(b)  A declaration that is not written wholly in the 
handwriting of the declarant may be signed by another person for the 
declarant under the direction of and in the presence of the 
declarant.
	(c)  A declaration described by Subsection (a)(2) of this 
section may have attached a self-proving affidavit signed by the 
declarant and the witnesses attesting to the competence of the 
declarant and the execution of the declaration.
	(d)  The declaration and any self-proving affidavit may be 
filed with the court at any time after the application for 
appointment of a guardian is filed and before a guardian is 
appointed.
	(e)  If the designated guardian does not qualify, is dead, 
refuses to serve, resigns, or dies after being appointed guardian, 
or is otherwise unavailable to serve as guardian, the court shall 
appoint the next eligible designated alternate guardian named in 
the declaration.  If the guardian and all alternate guardians do not 
qualify, are dead, refuse to serve, or later die or resign, the 
court shall appoint another person to serve as otherwise provided 
by this code.
	(f)  The declarant may revoke a declaration in any manner 
provided for the revocation of a will under Section 63 of this code, 
including the subsequent reexecution of the declaration in the 
manner required for the original declaration.
	(g)  A declaration and affidavit may be in any form adequate 
to clearly indicate the declarant's intention to designate a 
guardian for the declarant's child.  The following form may, but 
need not, be used:

DECLARATION OF APPOINTMENT OF GUARDIAN FOR MY CHILDREN

IN THE EVENT OF MY DEATH OR INCAPACITY
	I, __________, make this Declaration to appoint as guardian 
for my child or children, listed as follows, in the event of my 
death or incapacity:

______________________________                  ______________________________

______________________________                  ______________________________

______________________________                  ______________________________

(add blanks as appropriate)                                                   
	I designate __________ to serve as guardian of the person of 
my (child or children), __________ as first alternate guardian of 
the person of my (child or children), __________ as second 
alternate guardian of the person of my (child or children), and 
__________ as third alternate guardian of the person of my (child or 
children).
	I direct that the guardian of the person of my (child or 
children) serve (with or without) bond.
	(If applicable) I designate __________ to serve as guardian 
of the estate of my (child or children), __________ as first 
alternate guardian of the estate of my (child or children), 
__________ as second alternate guardian of the estate of my (child 
or children), and __________ as third alternate guardian of the 
estate of my (child or children).
	If any guardian or alternate guardian dies, does not qualify, 
or resigns, the next named alternate guardian becomes guardian of 
my (child or children).
	Signed this __________ day of __________, 20__.                                



______________________________                                              

Declarant                                                                     



______________________________                ______________________________

Witness                            Witness                                    

SELF-PROVING AFFIDAVIT
	Before me, the undersigned authority, on this date personally 
appeared the declarant, and __________ and __________ as witnesses, 
and all being duly sworn, the declarant said that the above 
instrument was his or her Declaration of Appointment of Guardian 
for the Declarant's Children in the Event of Declarant's Death or 
Incapacity and that the declarant had made and executed it for the 
purposes expressed in the declaration.  The witnesses declared to 
me that they are each 14 years of age or older, that they saw the 
declarant sign the declaration, that they signed the declaration as 
witnesses, and that the declarant appeared to them to be of sound 
mind.



______________________________                                              

Declarant                                                                     



______________________________                ______________________________

Affiant                            Affiant                                    
	Subscribed and sworn to before me by the above named 
declarant and affiants on this ___ day of __________, 20__.
							___________________________                                              
							Notary Public in and for the                                             
							State of Texas                                                           
							My Commission expires:                                                   
							___________________________                                              
	(h)  In this section, "self-proving affidavit" means an 
affidavit the form and content of which substantially complies with 
the requirements of Subsection (g) of this section.

Added by Acts 1995, 74th Leg., ch. 304, § 3, eff. Sept. 1, 1995.  
Amended by Acts 1997, 75th Leg., ch. 77, § 4, eff. Sept. 1, 1997;  
Acts 1999, 76th Leg., ch. 1078, § 2, eff. Sept. 1, 1999;  Acts 
2001, 77th Leg., ch. 217, § 6, eff. Sept. 1, 2001.


	§ 677B. PROOF OF WRITTEN DECLARATION OF CERTAIN PARENTS TO 
DESIGNATE CHILDRENS' GUARDIAN.  (a) In this section:
	(1)  "Declaration" means a written declaration of a person 
that:             
	(A)  appoints a guardian for the person's child under Section 
676(d) or 677(b) of this code;  and
	(B)  satisfies the requirements of Section 677A of this code.                  
	(2)  "Self-proving affidavit" means an affidavit the form 
and content of which substantially complies with the requirements 
of Section 677A(g) of this code.
	(3)  "Self-proving declaration" includes a self-proving 
affidavit that is attached or annexed to a declaration.
	(b)  If a declaration is self-proved, the court may admit the 
declaration into evidence without the testimony of witnesses 
attesting to the competency of the declarant and the execution of 
the declaration.  Additional proof of the execution of the 
declaration with the formalities and solemnities and under the 
circumstances required to make it a valid declaration is not 
necessary.
	(c)  At any time during the declarant's lifetime, a written 
declaration described by Section 677A(a)(1) of this code may be 
made self-proved in the same form and manner a will written wholly 
in the handwriting of a testator is made self-proved under Section 
60 of this code.
	(d)  A properly executed and witnessed self-proving 
declaration and affidavit, including a declaration and affidavit 
described by Section 677A(c) of this code, are prima facie evidence 
that the declarant was competent at the time the declarant executed 
the declaration and that the guardian named in the declaration 
would serve the best interests of the ward. 
	(e)  A written declaration described by Section 677A(a)(1) 
of this code that is not self-proved may be proved in the same 
manner a will written wholly in the handwriting of the testator is 
proved under Section 84 of this code.
	(f)  A written declaration described by Section 677A(a)(2) 
of this code that is not self-proved may be proved in the same 
manner an attested written will produced in court is proved under 
Section 84 of this code.

Added by Acts 2001, 77th Leg., ch. 217, § 7, eff. Sept. 1, 2001.           


	§ 678. PRESUMPTION CONCERNING BEST INTEREST.  It is 
presumed not to be in the best interests of a ward to appoint a 
person as guardian of the ward if the person has been finally 
convicted of any sexual offense, sexual assault, aggravated 
assault, aggravated sexual assault, injury to a child, to an 
elderly individual, or to a disabled individual, abandoning or 
endangering a child, or incest.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 612, § 1, eff. Aug. 28, 
1995.


	§ 679. DESIGNATION OF GUARDIAN BEFORE NEED ARISES.  (a) A 
person other than an incapacitated person may designate by a 
written declaration persons to serve as guardian of the person of 
the declarant or the estate of the declarant if the declarant 
becomes incapacitated.  The declaration must be signed by the 
declarant and be:
	(1)  written wholly in the handwriting of the declarant;  or                   
	(2)  attested to in the presence of the declarant by at least 
two credible witnesses 14 years of age or older who are not named as 
guardian or alternate guardian in the declaration.
	(b)  A declarant may, in the declaration, disqualify named 
persons from serving as guardian of the declarant's person or 
estate, and the persons named may not be appointed guardian under 
any circumstances.
	(c)  A declaration that is not written wholly in the 
handwriting of a declarant may be signed by another person for the 
declarant under the direction of and in the presence of the 
declarant.
	(d)  A declaration described by Subsection (a)(2) of this 
section may have attached a self-proving affidavit signed by the 
declarant and the witnesses attesting to the competence of the 
declarant and the execution of the declaration.
	(e)  The declaration and any self-proving affidavit may be 
filed with the court at any time after the application for 
appointment of a guardian is filed and before a guardian is 
appointed.
	(f)  Unless the court finds that the person designated in the 
declaration to serve as guardian is disqualified or would not serve 
the best interests of the ward, the court shall appoint the person 
as guardian in preference to those otherwise entitled to serve as 
guardian under this code.  If the designated guardian does not 
qualify, is dead, refuses to serve, resigns, or dies after being 
appointed guardian, or is otherwise unavailable to serve as 
guardian, the court shall appoint the next eligible designated 
alternate guardian named in the declaration.  If the guardian and 
all alternate guardians do not qualify, are dead, refuse to serve, 
or later die or resign, the court shall appoint another person to 
serve as otherwise provided by this code.
	(g)  The declarant may revoke a declaration in any manner 
provided for the revocation of a will under Section 63 of this code, 
including the subsequent reexecution of the declaration in the 
manner required for the original declaration.
	(h)  If a declarant designates the declarant's spouse to 
serve as guardian under this section, and the declarant is 
subsequently divorced from that spouse before a guardian is 
appointed, the provision of the declaration designating the spouse 
has no effect.
	(i)  A declaration and affidavit may be in any form adequate 
to clearly indicate the declarant's intention to designate a 
guardian.  The following form may, but need not, be used:

DECLARATION OF GUARDIAN IN THE EVENT OF LATER

INCAPACITY OR NEED OF GUARDIAN
	I, __________, make this Declaration of Guardian, to operate 
if the need for a guardian for me later arises.
	1. I designate __________ to serve as guardian of my person, 
__________ as first alternate guardian of my person, __________ as 
second alternate guardian of my person, and __________ as third 
alternate guardian of my person.
	2. I designate __________ to serve as guardian of my estate, 
__________ as first alternate guardian of my estate, __________ as 
second alternate guardian of my estate, and __________ as third 
alternate guardian of my estate.
	3. If any guardian or alternate guardian dies, does not 
qualify, or resigns, the next named alternate guardian becomes my 
guardian.
	4. I expressly disqualify the following persons from serving 
as guardian of my person:  __________, __________, and __________.
	5. I expressly disqualify the following persons from serving 
as guardian of my estate:  __________, __________, and __________.
	Signed this ___ day of __________, 20__.                                       

______________________________                                                

Declarant                                                                     



______________________________                ______________________________

Witness                            Witness                                    

SELF-PROVING AFFIDAVIT

Before me, the undersigned authority, on this date personally 
appeared the declarant, and ____________ and ____________ as 
witnesses, and all being duly sworn, the declarant said that the 
above instrument was his or her Declaration of Guardian and that the 
declarant had made and executed it for the purposes expressed in the 
declaration.  The witnesses declared to me that they are each 14 
years of age or older, that they saw the declarant sign the 
declaration, that they signed the declaration as witnesses, and 
that the declarant appeared to them to be of sound mind.



______________________________                                              

Declarant                                                                     



______________________________                ______________________________

Affiant                            Affiant                                    

Subscribed and sworn to before me by the above named declarant and 
affiants on this ____ day of __________, 20__.
							___________________________                                              
							Notary Public in and for the                                             
							State of Texas                                                           
							My Commission expires:                                                   
							___________________________                                              
	(j)  In this section, "self-proving affidavit" means an 
affidavit the form and content of which substantially complies with 
the requirements of Subsection (i) of this section.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 2001, 77th Leg., ch. 217, § 8, eff. Sept. 1, 
2001.


	§ 679A. PROOF OF WRITTEN DECLARATION TO DESIGNATE 
GUARDIAN BEFORE NEED ARISES.  (a) In this section:
	(1)  "Declaration" means a written declaration of a person 
that:             
	(A)  designates another person to serve as a guardian of the 
person or estate of the declarant;  and
	(B)  satisfies the requirements of Section 679 of this code.                   
	(2)  "Self-proving affidavit" means an affidavit the form 
and content of which substantially complies with the requirements 
of Section 679(i) of this code.
	(3)  "Self-proving declaration" includes a self-proving 
affidavit that is attached or annexed to a declaration.
	(b)  If a declaration is self-proved, the court may admit the 
declaration into evidence without the testimony of witnesses 
attesting to the competency of the declarant and the execution of 
the declaration.  Additional proof of the execution of the 
declaration with the formalities and solemnities and under the 
circumstances required to make it a valid declaration is not 
necessary.
	(c)  At any time during the declarant's lifetime, a written 
declaration described by Section 679(a)(1) of this code may be made 
self-proved in the same form and manner a will written wholly in the 
handwriting of a testator is made self-proved under Section 60 of 
this code.
	(d)  A properly executed and witnessed self-proving 
declaration and affidavit, including a declaration and affidavit 
described by Section 679(d) of this code, are prima facie evidence 
that the declarant was competent at the time the declarant executed 
the declaration and that the guardian named in the declaration 
would serve the best interests of the ward.
	(e)  A written declaration described by Section 679(a)(1) of 
this code that is not self-proved may be proved in the same manner a 
will written wholly in the handwriting of the testator is proved 
under Section 84 of this code.
	(f)  A written declaration described by Section 679(a)(2) of 
this code that is not self-proved may be proved in the same manner 
an attested written will produced in court is proved under Section 
84 of this code.

Added by Acts 2001, 77th Leg., ch. 217, § 9, eff. Sept. 1, 2001.           


	§ 680. SELECTION OF GUARDIAN BY MINOR.  (a) When an 
application is filed for the guardianship of the person or estate, 
or both, of a minor at least 12 years of age, the minor, by writing 
filed with the clerk, may choose the guardian if the court approves 
the choice and finds that the choice is in the best interest of the 
minor.
	(b)  A minor at least 12 years of age may select another 
guardian of either the minor's person or estate, or both, if the 
minor has a guardian appointed by the court or the minor has a 
guardian appointed by will or written declaration of the parent of 
the minor and that guardian dies, resigns, or is removed from 
guardianship.  If the court is satisfied that the person selected is 
suitable and competent and that the appointment of the person is in 
the best interest of the minor, it shall make the appointment and 
revoke the letters of guardianship of the former guardian.  The 
minor shall make the selection by filing an application in open 
court in person or by attorney.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 1039, § 31, eff. Sept. 1, 
1995.


	§ 681. PERSONS DISQUALIFIED TO SERVE AS GUARDIANS.  A 
person may not be appointed guardian if the person is:
	(1)  a minor;                                                                  
	(2)  a person whose co