{"data":{"id":"us-tx/tex.-estates-code-1055.001","jurisdiction":"us-tx","citation":"Tex. Estates Code § 1055.001","heading":"STANDING TO COMMENCE OR CONTEST PROCEEDING.","body":"(a) Except as provided by Subsection (b), any person has the right to:\n(1) commence a guardianship proceeding, including a proceeding for complete restoration of a ward's capacity or modification of a ward's guardianship; or\n(2) appear and contest a guardianship proceeding or the appointment of a particular person as guardian.\n(b) A person who has an interest that is adverse to a proposed ward or incapacitated person may not:\n(1) file an application to create a guardianship or for the appointment of a guardian for the proposed ward or incapacitated person;\n(2) contest the creation of a guardianship for the proposed ward or incapacitated person;\n(3) contest the appointment of a person as a guardian of the proposed ward or incapacitated person;\n(4) contest an application for complete restoration of a ward's capacity or modification of a ward's guardianship; or\n(5) file a motion or complaint to request the removal of a guardian or contest the request for removal of a guardian.\n(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.\nAdded by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.\nAmended by:\nActs 2025, 89th Leg., R.S., Ch. 283 (S.B. 746), Sec. 5, eff. September 1, 2025.","path":["ESTATES CODE","TITLE 3. GUARDIANSHIP AND RELATED PROCEDURES","SUBTITLE C. PROCEDURAL MATTERS","CHAPTER 1055. TRIAL AND HEARING MATTERS","SUBCHAPTER A. STANDING AND PLEADINGS"],"source_url":"https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1055.htm#1055.001","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:08Z","sha256":"849041552fea3439adbeb415a1531da42535ae8b3d43e141ca1d5296ffccb508","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-estates-code-1054.203","next":"us-tx/tex.-estates-code-1055.002"},"notice":"GroundRules: Original legal text. Not legal advice."}