Tex. Estates Code § 1055.001
This is the official text of Tex. Estates Code § 1055.001, part of Texas’s Estates Code — governs wills, probate, and estate administration.
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§ 1055.001. STANDING TO COMMENCE OR CONTEST PROCEEDING.
Official statutory text
(a) Except as provided by Subsection (b), any person has the right to:
(1) commence a guardianship proceeding, including a proceeding for complete restoration of a ward's capacity or modification of a ward's guardianship; or
(2) appear and contest a guardianship proceeding or the appointment of a particular person as guardian.
(b) A person who has an interest that is adverse to a proposed ward or incapacitated person may not:
(1) file an application to create a guardianship or for the appointment of a guardian for the proposed ward or incapacitated person;
(2) contest the creation of a guardianship for the proposed ward or incapacitated person;
(3) contest the appointment of a person as a guardian of the proposed ward or incapacitated person;
(4) contest an application for complete restoration of a ward's capacity or modification of a ward's guardianship; or
(5) file a motion or complaint to request the removal of a guardian or contest the request for removal of a guardian.
(c) The court shall determine by motion in limine the standing of a person who has an interest that is adverse to a proposed ward or incapacitated person.
(1) commence a guardianship proceeding, including a proceeding for complete restoration of a ward's capacity or modification of a ward's guardianship; or
(2) appear and contest a guardianship proceeding or the appointment of a particular person as guardian.
(b) A person who has an interest that is adverse to a proposed ward or incapacitated person may not:
(1) file an application to create a guardianship or for the appointment of a guardian for the proposed ward or incapacitated person;
(2) contest the creation of a guardianship for the proposed ward or incapacitated person;
(3) contest the appointment of a person as a guardian of the proposed ward or incapacitated person;
(4) contest an application for complete restoration of a ward's capacity or modification of a ward's guardianship; or
(5) file a motion or complaint to request the removal of a guardian or contest the request for removal of a guardian.
(c) The court shall determine by motion in limine the standing of a person who has an interest that is adverse to a proposed ward or incapacitated person.
Status: in_force · Read it on the official government site
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