Sec. 894. GUARDIANSHIP PROCEEDINGS FILED IN THIS STATE AND IN FOREIGN JURISDICTION    


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  • (a) A court in which a guardianship proceeding is filed and in which venue of the proceeding is proper may delay further action in the proceeding in that court if:

    (1) another guardianship proceeding involving a matter at issue in the proceeding filed in the court is subsequently filed in a court in a foreign jurisdiction; and

    (2) venue of the proceeding in the foreign court is proper.

    (b) A court that delays further action in a guardianship proceeding under Subsection (a) of this section shall determine whether venue of the proceeding is more suitable in that court or in the foreign court. In making that determination, the court may consider:

    (1) the interests of justice;

    (2) the best interests of the ward or proposed ward;

    (3) the convenience of the parties; and

    (4) the preference of the ward or proposed ward, if the ward or proposed ward is 12 years of age or older.

    (c) A court that delays further action under Subsection (a) of this section may issue any order it considers necessary to protect the proposed ward or the proposed ward's estate.

    (d) The court shall resume the guardianship proceeding if the court determines that venue is more suitable in that court. If the court determines that venue is more suitable in the foreign court, the court shall, with the consent of the foreign court, transfer the proceeding to the foreign court.

Added by Acts 2007, 80th Leg., R.S., Ch. 606 , Sec. 1, eff. June 15, 2007. Amended by: Acts 2011, 82nd Leg., 1st C.S., Ch. 4 , Sec. 66.06, eff. September 28, 2011.