Texas Estates Code 1101.153 – General Contents of Order Appointing Guardian
(a) A court order appointing a guardian must:
(1) specify:
(A) the name of the person appointed;
(B) the name of the ward;
(C) whether the guardian is of the person or estate of the ward, or both;
(D) the amount of any bond required;
(E) if it is a guardianship of the estate of the ward and the court considers an appraisal to be necessary, one, two, or three disinterested persons to appraise the estate and to return the appraisement to the court; and
(F) that the clerk will issue letters of guardianship to the person appointed when the person has qualified according to law; and
(2) if the court waives the guardian’s training requirement, contain a finding that the waiver is in accordance with rules adopted by the supreme court under § 155.203, Government Code.
Terms Used In Texas Estates Code 1101.153
- Appraisal: A determination of property value.
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
- Year: means 12 consecutive months. See Texas Government Code 311.005
(a-1) If the letter or certificate under § 1101.103(b)(3-a) stated that improvement in the ward’s physical condition or mental functioning is possible and specified a period of less than a year after which the ward should be reevaluated to determine continued necessity for the guardianship, an order appointing a guardian must include the date by which the guardian must submit to the court an updated letter or certificate containing the requirements of § 1101.103(b).
(b) An order appointing a guardian may not duplicate or conflict with the powers and duties of any other guardian.
(c) An order appointing a guardian or a successor guardian may specify as authorized by § 1202.001(c) a period during which a petition for adjudication that the ward no longer requires the guardianship may not be filed without special leave.