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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 D. CREATION OF GUARDIANSHIP |
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Chapter 1104. SELECTION OF AND ELIGIBILITY TO SERVE AS GUARDIAN |
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Subchapter C. SELECTION OF GUARDIAN FOR INCAPACITATED PERSON OTHER THAN MINOR |
Sec. 1104.102. APPOINTMENT PREFERENCES
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If the court finds that two or more eligible persons are equally entitled to be appointed guardian of an incapacitated person:
(1) the incapacitated person's spouse is entitled to the guardianship in preference to any other person, if the spouse is one of the eligible persons;
(2) the eligible person nearest of kin to the incapacitated person is entitled to the guardianship, if the incapacitated person's spouse is not one of the eligible persons; or
(3) the court shall appoint the eligible person who is best qualified to serve as guardian if:
(A) the persons entitled to serve under Subdivisions (1) and (2) refuse to serve;
(B) two or more persons entitled to serve under Subdivision (2) are related in the same degree of kinship to the incapacitated person; or
(C) neither the incapacitated person's spouse nor any person related to the incapacitated person is an eligible person.