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

Tex. Estates Code § 1102.002: ESTABLISHMENT OF PROBABLE CAUSE FOR INVESTIGATION.

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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 1102. COURT-INITIATED PROCEDURE TO APPOINT GUARDIAN

Text of section as amended by Acts 2023, 88th Leg., R.S., Ch. 939 (S.B. 1624), Sec. 8

For text of section as amended by Acts 2023, 88th Leg., R.S., Ch. 1012 (H.B. 3009), Sec. 4, see other Sec. 1102.002.

To establish probable cause under Section 1102.001, the court may require:

(1) an information letter about the person believed to be incapacitated that is submitted by an interested person and satisfies the requirements of Section 1102.003; or

(2) a written letter or certificate from a physician or psychologist who has examined the person believed to be incapacitated that satisfies the requirements of Section 1101.103, except that the letter must be:

(A) dated not earlier than the 120th day before the date of the appointment of a guardian ad litem or court investigator under Section 1102.001; and

(B) based on an examination the physician or psychologist performed not earlier than the 120th day before that date.

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

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 939 (S.B. 1624), Sec. 8, eff. September 1, 2023.

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

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