Sec. 1203.051. REMOVAL WITHOUT NOTICE    


Latest version.
  • The court, on the court's own motion or on the motion of an interested person, including the ward, and without notice, may remove a guardian appointed under this title who:

    (1) neglects to qualify in the manner and time required by law;

    (2) fails to return, not later than the 30th day after the date the guardian qualifies, an inventory of the guardianship estate property and a list of claims that have come to the guardian's knowledge, unless that deadline is extended by court order;

    (3) if required, fails to give a new bond within the period prescribed;

    (4) is absent from the state for a consecutive period of three or more months without the court's permission, or removes from the state;

    (5) cannot be served with notices or other processes because:

    (A) the guardian's whereabouts are unknown;

    (B) the guardian is eluding service; or

    (C) the guardian is a nonresident of this state who does not have a resident agent to accept service of process in any guardianship proceeding or other matter relating to the guardianship;

    (6) subject to Section 1203.056(a):

    (A) has misapplied, embezzled, or removed from the state, or is about to misapply, embezzle, or remove from the state, any of the property entrusted to the guardian's care; or

    (B) has neglected or cruelly treated a ward; or

    (7) has neglected to educate or maintain the ward as liberally as the means of the ward and the condition of the ward's estate permit.

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