Texas Statutes (Last Updated: January 4, 2014) |
PROBATE CODE |
Chapter XIII. GUARDIANSHIP |
Part 3. APPOINTMENT AND QUALIFICATION OF GUARDIANS |
Subpart A. APPOINTMENT |
Sec. 681. PERSONS DISQUALIFIED TO SERVE AS GUARDIANS
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A person may not be appointed guardian if the person is:
(1) a minor;
(2) a person whose conduct is notoriously bad;
(3) an incapacitated person;
(4) a person who is a party or 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;
(5) a person indebted to the proposed ward unless the person pays the debt before appointment;
(6) a person asserting a claim adverse to the proposed ward or the proposed ward's property, real or personal;
(7) a person who, because of inexperience, lack of education, or other good reason, is incapable of properly and prudently managing and controlling the ward or the ward's estate;
(8) a person, institution, or corporation found unsuitable by the court;
(9) a person disqualified in a declaration made under Section 679 of this code;
(10) a nonresident person who has not filed with the court the name of a resident agent to accept service of process in all actions or proceedings relating to the guardianship; or
(11) a person who does not have the certification to serve as guardian that is required by Section 697B of this code.