Texas Statutes
§ 1104.002 — PREFERENCE OF INCAPACITATED PERSON.
Texas § 1104.002
JurisdictionTexas
Code ESEstates Code
This text of Texas § 1104.002 (PREFERENCE OF INCAPACITATED PERSON.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Tex. Estates Code Code Ann. § 1104.002 (2026).
Text
Sec. 1104.002. PREFERENCE OF INCAPACITATED PERSON. Before appointing a guardian, the court shall make a reasonable effort to consider the incapacitated person's preference of the person to be appointed guardian and, to the extent consistent with other provisions of this title, shall give due consideration to the preference indicated by the incapacitated person, regardless of whether the person has designated by declaration a guardian before the need arises under Subchapter E.
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Related
in Re: The Guardianship of Sydney Ayn LaRoe, an Incapacitated Person
(Court of Appeals of Texas, 2017)
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. 13, eff. September 1, 2015.
Nearby Sections
15
§ 1104.001
GUARDIAN OF THE PERSON OR ESTATE.§ 1104.002
PREFERENCE OF INCAPACITATED PERSON.§ 1104.003
TRAINING REQUIRED.§ 1104.051
GUARDIAN OF MINOR CHILDREN.§ 1104.052
GUARDIAN FOR MINOR ORPHAN.§ 1104.054
SELECTION OF GUARDIAN BY MINOR.§ 1104.102
APPOINTMENT PREFERENCES.§ 1104.151
DEFINITIONS.§ 1104.152
REQUIREMENTS FOR DECLARATION.§ 1104.154
ALTERNATIVE TO SELF-PROVING AFFIDAVIT.§ 1104.155
ALTERNATE SELF-PROVING OF DECLARATION.Cite This Page — Counsel Stack
Bluebook (online)
Texas § 1104.002, Counsel Stack Legal Research, https://law.counselstack.com/statute/tx/ES/1104.002.