Texas Statutes
§ 1104.354 — CONFLICT OF INTEREST.
Texas § 1104.354
JurisdictionTexas
Code ESEstates Code
This text of Texas § 1104.354 (CONFLICT OF INTEREST.) 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. § 1104.354 (2026).
Text
Sec. 1104.354. CONFLICT OF INTEREST. A person may not be appointed guardian if the person:
(1)is a party or is a person whose parent is a party to a lawsuit concerning or affecting the welfare of the proposed ward, unless the court:
(A)determines that the lawsuit claim of the person who has applied to be appointed guardian is not in conflict with the lawsuit claim of the proposed ward; or
(B)appoints a guardian ad litem to represent the interests of the proposed ward throughout the litigation of the ward's lawsuit claim;
(2)is indebted to the proposed ward, unless the person pays the debt before appointment; or
(3)asserts a claim adverse to the proposed ward or the proposed ward's property.
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Related
in Re Guardianship of Terry L. Gilmer, an Incapacitated Person
(Court of Appeals of Texas, 2015)
In the Guardianship of Landen Thomas Griswold, an Incapacitated Person v. the State of Texas
(Court of Appeals of Texas, 2025)
in the Guardianship of Lonnie Phillips, Jr., an Incapacitated Person
(Court of Appeals of Texas, 2015)
Legislative History
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014.
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 § 1104.354, Counsel Stack Legal Research, https://law.counselstack.com/statute/tx/ES/1104.354.