Texas § 1104.102 APPOINTMENT PREFERENCES.

Texas Statutes

§ 1104.102 — APPOINTMENT PREFERENCES.

Texas § 1104.102

Code ESEstates Code

This text of Texas § 1104.102 (APPOINTMENT PREFERENCES.) 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. § 1104.102 (2026).

Text

Sec. 1104.102. APPOINTMENT PREFERENCES. 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 pe

Free access — add to your briefcase to read the full text and ask questions with AI

Sec. 1104.102. APPOINTMENT PREFERENCES. 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.