Texas Estates Code 1251.101 – Authority of Temporary Guardian
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(a) When the temporary guardian files the oath or declaration prescribed by § 1105.051 and the bond required under this title, the court order appointing the temporary guardian takes effect without the necessity for issuance of letters of guardianship.
(b) The clerk shall note compliance with the oath or declaration and bond requirements by the appointed temporary guardian on a certificate attached to the order.
Terms Used In Texas Estates Code 1251.101
- 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 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- Oath: A promise to tell the truth.
- Oath: includes affirmation. See Texas Government Code 311.005
(c) The order appointing the temporary guardian is evidence of the temporary guardian’s authority to act within the scope of the powers and duties stated in the order.
(d) The clerk may not issue certified copies of the order until the oath or declaration and bond requirements are satisfied.