Tex. Est. Code Section 1103.002
Appointment of Conservator as Guardian Without Hearing


Notwithstanding any other law, if the applicant who files an application under Section 1101.001 (Application for Appointment of Guardian; Contents) or 1103.001 (Application for Appointment of Guardian) is a person who was appointed conservator of a disabled child and the proceeding is a guardianship proceeding described by Section 1002.015 (Guardianship Proceeding)(1) in which the proposed ward is the incapacitated adult with respect to whom another court obtained continuing, exclusive jurisdiction in a suit affecting the parent-child relationship when the person was a child, the applicant may present to the court a written letter or certificate that meets the requirements of Sections 1101.103 (Determination of Incapacity of Certain Adults: Physician or Psychologist Examination)(a) and (b).


If, on receipt of the letter or certificate described by Subsection (a), the court is able to make the findings required by Section 1101.101 (Findings and Proof Required), the court, notwithstanding Subchapter C (Appointment According to Circumstances and Best Interests), Chapter 1104 (Selection of and Eligibility to Serve as Guardian), shall:


appoint the conservator as guardian without conducting a hearing; and


to the extent possible preserve the terms of possession and access to the ward that applied before the court obtained jurisdiction of the guardianship proceeding.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.037, eff. January 1, 2014.

Source: Section 1103.002 — Appointment of Conservator as Guardian Without Hearing, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­1103.­htm#1103.­002 (accessed Jun. 5, 2024).

Jun. 5, 2024

§ 1103.002’s source at texas​.gov