Texas § ES.1054.006 - REPRESENTATION OF WARD OR PROPOSED WARD BY ATTORNEY
Full text of Texas The Texas Constitution § ES.1054.006 — REPRESENTATION OF WARD OR PROPOSED WARD BY ATTORNEY, with citation guidance and answers to common questions.
§ ES.1054.006. REPRESENTATION OF WARD OR PROPOSED WARD BY ATTORNEY
REPRESENTATION OF WARD OR PROPOSED WARD BY ATTORNEY. (a) A ward or proposed ward may at any time retain an attorney who holds a certificate required by Subchapter E to represent the ward's or proposed ward's interests, including the ward's or proposed ward's expressed wishes, in a guardianship proceeding, including a proceeding involving the complete restoration of the ward's capacity or modification of the ward's guardianship, instead of having those interests represented by an attorney ad litem appointed under Section 1054.001 , Section 1202.101 , or another provision of this title. (b) Subject to Subsection (c), if a ward or proposed ward has retained an attorney under Subsection (a), the court shall remove an attorney ad litem appointed under Section 1054.001 , Section 1202.101 , or any other provision of this title that requires the court to appoint an attorney ad litem to represent the interests of a ward or proposed ward and appoint a ward or a proposed ward's retained counsel. (c) On the motion of a party to a guardianship proceeding or on the court's own motion, the court may hold a hearing on the ward's or proposed ward's capacity to retain an attorney under Subsection (a). The burden of proof is on the party motioning the court. If the court finds by a preponderance of evidence that the ward or proposed ward does not understand the guardianship proceeding or the purpose for which the attorney was retained, the court may appoint an attorney ad litem under Section 1054.001 , Section 1202.101 , or another provision of this title. (d) An attorney retained by a ward or proposed ward under this section must represent the ward's or proposed ward's interests, including the ward's or proposed ward's expressed wishes. Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093 ), Sec. 6.030, eff. January 1, 2014. Amended by: Acts 2023, 88th Leg., R.S., Ch. 939 (S.B. 1624 ), Sec. 3, eff. September 1, 2023.
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § ES.1054.006
What does The Texas Constitution § ES.1054.006 cover?
Section ES.1054.006 ("REPRESENTATION OF WARD OR PROPOSED WARD BY ATTORNEY") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § ES.1054.006?
A common citation format is "The Texas Constitution § ES.1054.006" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § ES.1054.006 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.