2011 Texas Statutes
ESTATES CODE
TITLE 3 - GUARDIANSHIP AND RELATED PROCEDURES
SUBTITLE C - PROCEDURAL MATTERS
CHAPTER 1055 - TRIAL AND HEARING MATTERS

ESTATES CODE

TITLE 3. GUARDIANSHIP AND RELATED PROCEDURES

SUBTITLE C. PROCEDURAL MATTERS

CHAPTER 1055. TRIAL AND HEARING MATTERS

SUBCHAPTER A. STANDING AND PLEADINGS

Text of section effective on January 01, 2014

Sec. 1055.001.  STANDING TO COMMENCE OR CONTEST PROCEEDING. (a)  Except as provided by Subsection (b), any person has the right to:

(1)  commence a guardianship proceeding, including a proceeding for complete restoration of a ward's capacity or modification of a ward's guardianship; or

(2)  appear and contest a 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 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 2011, 82nd Leg., R.S., Ch. 823, Sec. 1.02, eff. January 1, 2014.

Text of section effective on January 01, 2014

Sec. 1055.002.  DEFECT IN PLEADING.  A court may not invalidate a pleading in a guardianship matter, or an order based on the pleading, on the basis of a defect of form or substance in the pleading unless a timely objection has been made against the defect and the defect has been called to the attention of the court in which the proceeding was or is pending.

Added by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 1.02, eff. January 1, 2014.

SUBCHAPTER B. TRIAL AND HEARING

Text of section effective on January 01, 2014

Sec. 1055.051.  HEARING BY SUBMISSION. (a)  A court may consider by submission a motion or application filed under this title unless the proceeding is:

(1)  contested; or

(2)  an application for the appointment of a guardian.

(b)  The party seeking relief under a motion or application being considered by the court on submission has the burden of proof at the hearing.

(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 the court's own motion, may order oral argument on a motion or application that may be considered by submission.

Added by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 1.02, eff. January 1, 2014.

Text of section effective on January 01, 2014

Sec. 1055.052.  TRIAL BY JURY.  A party in a contested guardianship proceeding is entitled to a jury trial on request.

Added by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 1.02, eff. January 1, 2014.

SUBCHAPTER C. EVIDENCE

Text of section effective on January 01, 2014

Sec. 1055.101.  APPLICABILITY OF CERTAIN RULES RELATING TO WITNESSES AND EVIDENCE.  The rules relating to witnesses and evidence that apply in the district court apply in a guardianship proceeding to the extent practicable.

Added by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 1.02, eff. January 1, 2014.

Text of section effective on January 01, 2014

Sec. 1055.102.  USE OF CERTAIN RECORDS AS EVIDENCE.  The following are admissible as evidence in any court of this state:

(1)  record books described by Sections 1052.001, 1052.002, and 1052.003 and individual case files described by Section 1052.052, including records maintained in a manner allowed under Section 1052.004; and

(2)  certified copies or reproductions of the records.

Added by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 1.02, eff. January 1, 2014.