Texas Estates Code 1055.001 – Standing to Commence or Contest Proceeding
(a) Except as provided by Subsection (b), any person has the right to:
(1) commence a guardianship proceeding, including a proceeding for complete restoration of a ward‘s capacity or modification of a ward’s guardianship; or
(2) appear and contest a guardianship proceeding or the appointment of a particular person as guardian.
(b) A person who has an interest that is adverse to a proposed ward or incapacitated person may not:
(1) file an application to create a guardianship for the proposed ward or incapacitated person;
(2) contest the creation of a guardianship for the proposed ward or incapacitated person;
(3) contest the appointment of a person as a guardian of the proposed ward or incapacitated person; or
(4) contest an application for complete restoration of a ward’s capacity or modification of a ward’s guardianship.
Terms Used In Texas Estates Code 1055.001
- 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 - 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
(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.