Sec. 1104.354. CONFLICT OF INTEREST    


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  • A person may not be appointed guardian if the person:

    (1) is a party or is a person whose parent is a party to a lawsuit concerning or affecting the welfare of the proposed ward, unless the court:

    (A) determines that the lawsuit claim of the person who has applied to be appointed guardian is not in conflict with the lawsuit claim of the proposed ward; or

    (B) appoints a guardian ad litem to represent the interests of the proposed ward throughout the litigation of the ward's lawsuit claim;

    (2) is indebted to the proposed ward, unless the person pays the debt before appointment; or

    (3) asserts a claim adverse to the proposed ward or the proposed ward's property.

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 , Sec. 1.02, eff. January 1, 2014.