Texas Estates Code 1104.102 – Appointment Preferences
Terms Used In Texas Estates Code 1104.102
- 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
If the court finds that two or more eligible persons are equally entitled to be appointed guardian of an incapacitated person:
(1) the incapacitated person’s spouse is entitled to the guardianship in preference to any other person, if the spouse is one of the eligible persons;
(2) the eligible person nearest of kin to the incapacitated person is entitled to the guardianship, if the incapacitated person’s spouse is not one of the eligible persons; or
(3) the court shall appoint the eligible person who is best qualified to serve as guardian if:
(A) the persons entitled to serve under Subdivisions (1) and (2) refuse to serve;
(B) two or more persons entitled to serve under Subdivision (2) are related in the same degree of kinship to the incapacitated person; or
(C) neither the incapacitated person’s spouse nor any person related to the incapacitated person is an eligible person.