Texas Statutes (Last Updated: January 4, 2014) |
ESTATES CODE |
Title 3. GUARDIANSHIP AND RELATED PROCEDURES |
Subtitle F. EVALUATION, MODIFICATION, OR TERMINATION OF GUARDIANSHIP |
Chapter 1203. RESIGNATION, REMOVAL, OR DEATH OF GUARDIAN; APPOINTMENT OF SUCCESSOR |
Subchapter B. REMOVAL AND REINSTATEMENT OF GUARDIAN |
Sec. 1203.051. REMOVAL WITHOUT NOTICE
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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.