Texas Estates Code 1054.056 – Immunity
(a) Subject to Subsection (b), a guardian ad litem appointed under this subchapter or Section 1102.001 or 1202.054 to represent the interests of an incapacitated person in a guardianship proceeding involving the creation, modification, or termination of a guardianship is not liable for civil damages arising from a recommendation made or an opinion given in the capacity of guardian ad litem.
(b) This section does not apply to a recommendation or opinion that is:
(1) wilfully wrongful;
(2) given:
(A) with conscious indifference to or reckless disregard for the safety of another;
(B) with malice; or
(C) in bad faith; or
(3) grossly negligent.
Terms Used In Texas Estates Code 1054.056
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
Texas Estates Code 1054.056 – Immunity
(a) Subject to Subsection (b), a guardian ad litem appointed under this subchapter or Section 1102.001 or 1202.054 to represent the interests of an incapacitated person in a guardianship proceeding involving the creation, modification, or termination of a guardianship is not liable for civil damages arising from a recommendation made or an opinion given in the capacity of guardian ad litem.
(b) This section does not apply to a recommendation or opinion that is:
(1) wilfully wrongful;
(2) given:
(A) with conscious indifference to or reckless disregard for the safety of another;
(B) with malice; or
(C) in bad faith; or
(3) grossly negligent.
Terms Used In Texas Estates Code 1054.056
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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