Texas § ES.1203.052 - REMOVAL WITH NOTICE

§ ES.1203.052. REMOVAL WITH NOTICE

REMOVAL WITH NOTICE. (a) Subject to Subsection (c), the court may remove a guardian as provided by Subsection (a-1) if: (1) sufficient grounds appear to support a belief that the guardian has misapplied, embezzled, or removed from the state, or is about to misapply, embezzle, or remove from the state, any of the property entrusted to the guardian's care; (2) the guardian fails to return any account or report that is required by law to be made; (3) the guardian fails to obey a proper order of the court that has jurisdiction with respect to the performance of the guardian's duties; (4) the guardian is proved to have been guilty of gross misconduct or mismanagement in the performance of the guardian's duties; (5) the guardian: (A) becomes incapacitated; (B) is sentenced to the penitentiary; or (C) from any other cause, becomes incapable of properly performing the duties of the guardian's trust; (6) the guardian has engaged in conduct with respect to the ward that would be considered to be abuse, neglect, or exploitation, as those terms are defined by Section 48.002 , Human Resources Code, if engaged in with respect to an elderly person or person with a disability, as defined by that section; (7) the guardian neglects to educate or maintain the ward as liberally as the means of the ward's estate and the ward's ability or condition permit; (8) the guardian interferes with the ward's progress or participation in programs in the community; (9) the guardian fails to comply with the requirements of Subchapter G , Chapter 1104 ; (10) the court determines that, because of the dissolution of the joint guardians' marriage, the termination of the guardians' joint appointment and the continuation of only one of the joint guardians as the sole guardian is in the best interest of the ward; or (11) the guardian would be ineligible for appointment as a guardian under Subchapter H , Chapter 1104 . (a-1) The court may remove a guardian for a reason listed in Subsection (a) on the: (1) court's own motion, after the guardian has been notified by a qualified delivery method to answer at a time and place set in the notice; or (2) complaint of an interested person, after the guardian has been cited by personal service to answer at a time and place set in the notice. (b) In addition to the authority granted to the court under Subsection (a), the court may, on the complaint of the guardianship certification program of the Judicial Branch Certification Commission, remove a guardian who would be ineligible for appointment under Subchapter H , Chapter 1104 , because of the guardian's failure to maintain the certification required under Subchapter F , Chapter 1104 . The guardian shall be given notice by a qualified delivery method to appear and contest the request for removal under this subsection at a time and place set in the notice. (c) If there is probable cause to believe that a guardian is an incapacitated person, a court may, on the court's own motion or on complaint of an interested person, appoint an attorney ad litem to represent the ward's interests as provided by Section 1054.007 and a court investigator or guardian ad litem to investigate whether the guardian should be removed under Subsection (a)(5)(A). If the court determines it is necessary, the court may appoint the necessary physicians to examine the guardian to determine whether the guardian is an incapacitated person for purposes of Subsection (a)(5)(A). 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. 42 (S.B. 966 ), Sec. 2.21, eff. September 1, 2014. Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093 ), Sec. 6.054, eff. January 1, 2014. Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39 ), Sec. 1(f), eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 243 (H.B. 1296 ), Sec. 2, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 273 (H.B. 3394 ), Sec. 1, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 123 (H.B. 785 ), Sec. 16, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457 ), Sec. 23, eff. September 1, 2023.