Texas § 1101.153 GENERAL CONTENTS OF ORDER APPOINTING GUARDIAN.

Texas Statutes

§ 1101.153 — GENERAL CONTENTS OF ORDER APPOINTING GUARDIAN.

Texas § 1101.153

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Bluebook

Tex. Estates Code Code Ann. § 1101.153 (2026).

Text

Sec. 1101.153. GENERAL CONTENTS OF ORDER APPOINTING GUARDIAN.

(a)A court order appointing a guardian must:

(1)specify:

(A)the name of the person appointed;

(B)the name of the ward;

(C)whether the guardian is of the person or estate of the ward, or both;

(D)the amount of any bond required;

(E)if it is a guardianship of the estate of the ward and the court considers an appraisal to be necessary, one, two, or three disinterested persons to appraise the estate and to return the appraisement to the court; and

(F)that the clerk will issue letters of guardianship to the person appointed when the person has qualified according to law; and

(2)if the court waives the guardian's training requirement, contain a finding that the waiver is in accordance with rules adopted by the supreme court u

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Sec. 1101.153. GENERAL CONTENTS OF ORDER APPOINTING GUARDIAN.
(a) A court order appointing a guardian must:
(1) specify:
(A) the name of the person appointed;
(B) the name of the ward;
(C) whether the guardian is of the person or estate of the ward, or both;
(D) the amount of any bond required;
(E) if it is a guardianship of the estate of the ward and the court considers an appraisal to be necessary, one, two, or three disinterested persons to appraise the estate and to return the appraisement to the court; and
(F) that the clerk will issue letters of guardianship to the person appointed when the person has qualified according to law; and
(2) if the court waives the guardian's training requirement, contain a finding that the waiver is in accordance with rules adopted by the supreme court under Section 155.203 , Government Code.
(a-1) If the letter or certificate under Section 1101.103 (b)(3-a) stated that improvement in the ward's physical condition or mental functioning is possible and specified a period of less than a year after which the ward should be reevaluated to determine continued necessity for the guardianship, an order appointing a guardian must include the date by which the guardian must submit to the court an updated letter or certificate containing the requirements of Section 1101.103 (b).
(b) An order appointing a guardian may not duplicate or conflict with the powers and duties of any other guardian.
(c) An order appointing a guardian or a successor guardian may specify as authorized by Section 1202.001 (c) a period during which a petition for adjudication that the ward no longer requires the guardianship may not be filed without special leave.

Legislative History

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39 ), Sec. 12, eff. September 1, 2015. Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626 ), Sec. 22, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615 ), Sec. 20, eff. September 1, 2021.