Tex. Est. Code Section 1055.001
Standing to Commence or Contest Proceeding

(a)

Except as provided by Subsection (b), any person has the right to:

(1)

commence a guardianship proceeding, including a proceeding for complete restoration of a ward’s capacity or modification of a ward’s guardianship; or

(2)

appear and contest a guardianship proceeding or the appointment of a particular person as guardian.

(b)

A person who has an interest that is adverse to a proposed ward or incapacitated person may not:

(1)

file an application to create a guardianship for the proposed ward or incapacitated person;

(2)

contest the creation of a guardianship for the proposed ward or incapacitated person;

(3)

contest the appointment of a person as a guardian of the proposed ward or incapacitated person; or

(4)

contest an application for complete restoration of a ward’s capacity or modification of a ward’s guardianship.

(c)

The court shall determine by motion in limine the standing of a person who has an interest that is adverse to a proposed ward or incapacitated person.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.

Source: Section 1055.001 — Standing to Commence or Contest Proceeding, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­1055.­htm#1055.­001 (accessed May 18, 2024).

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Accessed:
May 18, 2024

§ 1055.001’s source at texas​.gov