Tex. Est. Code Section 1104.353
Notoriously Bad Conduct; Presumption Concerning Best Interest

(a)

A person may not be appointed guardian if the person’s conduct is notoriously bad.

(b)

It is presumed to be not in the best interests of a ward or incapacitated person to appoint as guardian of the ward or incapacitated person a person who has been finally convicted of:

(1)

any sexual offense, including sexual assault, aggravated sexual assault, and prohibited sexual conduct;

(2)

aggravated assault;

(3)

injury to a child, elderly individual, or disabled individual;

(4)

abandoning or endangering a child, elderly individual, or disabled individual;

(5)

terroristic threat; or

(6)

continuous violence against the family of the ward or incapacitated person.
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. 982 (H.B. 2080), Sec. 14, eff. January 1, 2014.
Acts 2023, 88th Leg., R.S., Ch. 830 (H.B. 2187), Sec. 4, eff. September 1, 2023.

Source: Section 1104.353 — Notoriously Bad Conduct; Presumption Concerning Best Interest, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­1104.­htm#1104.­353 (accessed Jun. 5, 2024).

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 1104.053
Guardian Designated by Will or Written Declaration 1104.054
Selection of Guardian by Minor 1104.101
Appointment According to Circumstances and Best Interests 1104.102
Appointment Preferences 1104.103
Designation of Guardian by Will or Written Declaration 1104.151
Definitions 1104.152
Requirements for Declaration 1104.153
Form and Content of Declaration and Self-proving Affidavit 1104.154
Alternative to Self-proving Affidavit 1104.155
Alternate Self-proving of Declaration 1104.156
Filing of Declaration and Self-proving Affidavit 1104.157
Proof of Declaration 1104.158
Prima Facie Evidence 1104.159
Revocation of Declaration 1104.160
Alternate or Other Court-appointed Guardian 1104.201
Definitions 1104.202
Designation of Guardian for Declarant 1104.203
Requirements for Declaration 1104.204
Form and Content of Declaration and Self-proving Affidavit 1104.205
Alternative to Self-proving Affidavit 1104.206
Alternate Self-proving of Declaration 1104.207
Filing of Declaration and Self-proving Affidavit 1104.208
Proof of Declaration 1104.209
Prima Facie Evidence 1104.210
Revocation of Declaration 1104.211
Effect of Divorce on Designation of Spouse 1104.212
Alternate or Other Court-appointed Guardian 1104.251
Certification Required for Certain Guardians 1104.252
Effect of Provisional Certificate 1104.253
Exception for Family Members and Friends 1104.254
Exception for Certain Volunteers 1104.255
Expiration of Certification 1104.256
Failure to Comply 1104.257
Information Regarding Services Provided by Guardianship Program 1104.258
Information Regarding Certain State Employees Providing Guardianship Services 1104.301
Certification and Registration Required 1104.302
Annual Certificate of Registration 1104.303
Requirements of Application 1104.304
Term of Registration 1104.305
Use of Registration Information 1104.306
Use of Names and Business Addresses 1104.351
Incapacity or Inexperience 1104.352
Unsuitability 1104.353
Notoriously Bad Conduct 1104.354
Conflict of Interest 1104.355
Disqualified in Declaration 1104.356
Lack of Certain Required Certification 1104.357
Nonresident Without Resident Agent 1104.358
Subject to Protective Order for Family Violence 1104.359
Effect of Lack of Required Registration 1104.401
Definition 1104.402
Court Clerk’s Duty to Obtain Criminal History Record Information 1104.404
Exception for Information Concerning Certain Persons 1104.405
Information for Exclusive Use of Court 1104.406
Department’s Duty to Obtain Criminal History Record Information 1104.409
Use of Information by Court 1104.411
Criminal Offense for Unauthorized Release or Disclosure 1104.412
Effect of Subchapter on Department’s Authority to Obtain or Use Information
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 1104.353’s source at texas​.gov