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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Estates Code § 1101.051: HEARING.

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Where this section sits in the code
  1. ESTATES CODE
  2. TITLE 3. GUARDIANSHIP AND RELATED PROCEDURES
  3. SUBTITLE D. CREATION OF GUARDIANSHIP
  4. CHAPTER 1101. GENERAL PROCEDURE TO APPOINT GUARDIAN
  5. SUBCHAPTER B. HEARING; JURY TRIAL

(a) At a hearing for the appointment of a guardian, the court shall:

(1) inquire into the ability of any allegedly incapacitated adult to:

(A) feed, clothe, and shelter himself or herself;

(B) care for his or her own physical health; and

(C) manage his or her property or financial affairs;

(2) ascertain the age of any proposed ward who is a minor;

(3) inquire into the governmental reports for any person who must have a guardian appointed to receive funds due the person from any governmental source; and

(4) inquire into the qualifications, abilities, and capabilities of the person seeking to be appointed guardian.

(b) A proposed ward must be present at the hearing unless the court, on the record or in the order, determines that a personal appearance is not necessary.

(c) The court may close the hearing at the request of the proposed ward or the proposed ward's counsel.

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.

Collected 2026-08-27T01:47:08Z. Source file · JSON

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