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Texas Statutes (Last Updated: January 4, 2014) |
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ESTATES CODE |
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Title 3. GUARDIANSHIP AND RELATED PROCEDURES |
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Subtitle C. PROCEDURAL MATTERS |
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Chapter 1055. TRIAL AND HEARING MATTERS |
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Subchapter A. STANDING AND PLEADINGS |
Sec. 1055.001. STANDING TO COMMENCE OR CONTEST PROCEEDING
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(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.