Texas § ES.1055.001 - STANDING TO COMMENCE OR CONTEST PROCEEDING
Full text of Texas The Texas Constitution § ES.1055.001 — STANDING TO COMMENCE OR CONTEST PROCEEDING, with citation guidance and answers to common questions.
§ ES.1055.001. STANDING TO COMMENCE OR CONTEST PROCEEDING
STANDING TO COMMENCE OR CONTEST PROCEEDING. (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. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2025, 89th Leg., R.S., Ch. 283 (S.B. 746 ), Sec. 5, eff. September 1, 2025.
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § ES.1055.001
What does The Texas Constitution § ES.1055.001 cover?
Section ES.1055.001 ("STANDING TO COMMENCE OR CONTEST PROCEEDING") 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.1055.001?
A common citation format is "The Texas Constitution § ES.1055.001" (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.1055.001 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.