2019 Texas Statutes
Estates Code
Title 3 - Guardianship and Related Procedures
Subtitle C - Procedural Matters
Chapter 1055 - Trial and Hearing Matters
Subchapter A. Standing and Pleadings
Section 1055.001. Standing to Commence or Contest Proceeding
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 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
