Sec. 702. BOND REQUIRED OF GUARDIAN OF THE PERSON OR ESTATE    


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  • (a) Except as provided by Subsections (b) and (c) of this section, a guardian of the person or of the estate of a ward is required to give bond.

    (b) A bond is not required to be given by a guardian that is:

    (1) a corporate fiduciary, as defined by Section 601 of this code; or

    (2) a guardianship program operated by a county.

    (c) When a will that is made by a surviving parent and is probated in a court in this state or a written declaration that is made by a surviving parent directs that the guardian appointed in the will or declaration serve without bond, the court finding that the person is qualified shall issue letters of guardianship of the person to the person named to be appointed guardian in the will or declaration without requirement of bond. The court may not waive the requirement of a bond for the guardian of the estate of a ward, regardless of whether a surviving parent's will or declaration directs the court to waive the bond.

Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 642, Sec. 13, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1039, Sec. 42, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 924, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1078, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 217, Sec. 12, eff. Sept. 1, 2001.