Texas § ES.1103.002 - APPOINTMENT OF CONSERVATOR AS GUARDIAN WITHOUT HEARING

§ ES.1103.002. APPOINTMENT OF CONSERVATOR AS GUARDIAN WITHOUT HEARING

APPOINTMENT OF CONSERVATOR AS GUARDIAN WITHOUT HEARING. (a) Notwithstanding any other law, if the applicant who files an application under Section 1101.001 or 1103.001 is a person who was appointed conservator of a disabled child and the proceeding is a guardianship proceeding described by Section 1002.015 (1) in which the proposed ward is the incapacitated adult with respect to whom another court obtained continuing, exclusive jurisdiction in a suit affecting the parent-child relationship when the person was a child, the applicant may present to the court a written letter or certificate that meets the requirements of Sections 1101.103 (a) and (b). (b) If, on receipt of the letter or certificate described by Subsection (a), the court is able to make the findings required by Section 1101.101 , the court, notwithstanding Subchapter C , Chapter 1104 , shall: (1) appoint the conservator as guardian without conducting a hearing; and (2) to the extent possible preserve the terms of possession and access to the ward that applied before the court obtained jurisdiction of the guardianship proceeding. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093 ), Sec. 6.037, eff. January 1, 2014.