Texas Estates Code 1104.353 – Notoriously Bad Conduct; Presumption Concerning Best Interest
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(a) A person may not be appointed guardian if the person’s conduct is notoriously bad.
(b) It is presumed to be not in the best interests of a ward or incapacitated person to appoint as guardian of the ward or incapacitated person a person who has been finally convicted of:
(1) any sexual offense, including sexual assault, aggravated sexual assault, and prohibited sexual conduct;
(2) aggravated assault;
(3) injury to a child, elderly individual, or disabled individual;
(4) abandoning or endangering a child, elderly individual, or disabled individual;
(5) terroristic threat; or
(6) continuous violence against the family of the ward or incapacitated person.
Terms Used In Texas Estates Code 1104.353
- Child: includes an adopted child, regardless of whether the adoption occurred through:
(1) an existing or former statutory procedure; or
(2) an equitable adoption or acts of estoppel. See Texas Estates Code 22.004 - 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