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

Tex. Estates Code § 1104.353: NOTORIOUSLY BAD CONDUCT; PRESUMPTION CONCERNING BEST INTEREST.

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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 1104. SELECTION OF AND ELIGIBILITY TO SERVE AS GUARDIAN
  5. SUBCHAPTER H. GROUNDS FOR DISQUALIFICATION

(a) A person may not be appointed guardian if the person's conduct is notoriously bad.

(b) It is presumed to be not in the best interests of a ward or incapacitated person to appoint as guardian of the ward or incapacitated person a person who has been finally convicted of:

(1) any sexual offense, including sexual assault, aggravated sexual assault, and prohibited sexual conduct;

(2) aggravated assault;

(3) injury to a child, elderly individual, or disabled individual;

(4) abandoning or endangering a child, elderly individual, or disabled individual;

(5) terroristic threat; or

(6) continuous violence against the family of the ward or incapacitated person.

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

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 14, eff. January 1, 2014.

Acts 2023, 88th Leg., R.S., Ch. 830 (H.B. 2187), Sec. 4, eff. September 1, 2023.

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

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