H.B. No. 2759
 
 
 
 
AN ACT
  relating to the nonsubstantive revision of provisions of the Texas
  Probate Code relating to durable powers of attorney, guardianships,
  and other related proceedings and alternatives, and the
  redesignation of certain other provisions of the Texas Probate
  Code, including conforming amendments and repeals.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. NONSUBSTANTIVE REVISION OF PROVISIONS RELATING TO
  DURABLE POWERS OF ATTORNEY, GUARDIANSHIPS, AND OTHER RELATED
  PROCEEDINGS AND ALTERNATIVES
         SECTION 1.01.  SUBTITLE P, TITLE 2, ESTATES CODE.  Title 2,
  Estates Code, is amended by adding Subtitle P to read as follows:
  SUBTITLE P. DURABLE POWERS OF ATTORNEY
  CHAPTER 751. GENERAL PROVISIONS REGARDING DURABLE POWERS OF
  ATTORNEY
 
  SUBTITLE P.  DURABLE POWERS OF ATTORNEY
  CHAPTER 751.  GENERAL PROVISIONS REGARDING DURABLE POWERS OF
  ATTORNEY
  SUBCHAPTER A. GENERAL PROVISIONS
  Sec. 751.001.  SHORT TITLE 
  Sec. 751.002.  DEFINITION OF DURABLE POWER OF ATTORNEY 
  Sec. 751.003.  UNIFORMITY OF APPLICATION AND
                  CONSTRUCTION 
  Sec. 751.004.  DURATION OF DURABLE POWER OF ATTORNEY 
  Sec. 751.005.  EXTENSION OF PRINCIPAL'S AUTHORITY TO
                  OTHER PERSONS 
  Sec. 751.006.  RIGHTS CUMULATIVE 
  [Sections 751.007-751.050 reserved for expansion]
  SUBCHAPTER B. EFFECT OF CERTAIN ACTS ON EXERCISE OF DURABLE POWER
  OF ATTORNEY
  Sec. 751.051.  EFFECT OF ACTS PERFORMED BY ATTORNEY IN
                  FACT OR AGENT DURING PRINCIPAL'S
                  DISABILITY OR INCAPACITY 
  Sec. 751.052.  RELATION OF ATTORNEY IN FACT OR AGENT TO
                  COURT-APPOINTED GUARDIAN OF ESTATE 
  Sec. 751.053.  EFFECT OF PRINCIPAL'S DIVORCE OR
                  MARRIAGE ANNULMENT IF FORMER SPOUSE IS
                  ATTORNEY IN FACT OR AGENT 
  Sec. 751.054.  KNOWLEDGE OF TERMINATION OF POWER;
                  GOOD-FAITH ACTS 
  Sec. 751.055.  AFFIDAVIT REGARDING LACK OF KNOWLEDGE OF
                  TERMINATION OF POWER OR OF DISABILITY
                  OR INCAPACITY; GOOD-FAITH RELIANCE 
  Sec. 751.056.  NONLIABILITY OF THIRD PARTY ON
                  GOOD-FAITH RELIANCE 
  Sec. 751.057.  EFFECT OF BANKRUPTCY PROCEEDING 
  Sec. 751.058.  EFFECT OF REVOCATION OF DURABLE POWER OF
                  ATTORNEY ON THIRD PARTY 
  [Sections 751.059-751.100 reserved for expansion]
  SUBCHAPTER C. DUTY TO INFORM AND ACCOUNT
  Sec. 751.101.  FIDUCIARY DUTIES 
  Sec. 751.102.  DUTY TO TIMELY INFORM PRINCIPAL 
  Sec. 751.103.  MAINTENANCE OF RECORDS 
  Sec. 751.104.  ACCOUNTING 
  Sec. 751.105.  EFFECT OF FAILURE TO COMPLY; SUIT 
  Sec. 751.106.  EFFECT OF SUBCHAPTER ON PRINCIPAL'S
                  RIGHTS 
  [Sections 751.107-751.150 reserved for expansion]
  SUBCHAPTER D. RECORDING DURABLE POWER OF ATTORNEY FOR CERTAIN REAL
  PROPERTY TRANSACTIONS
  Sec. 751.151.  RECORDING FOR REAL PROPERTY TRANSACTIONS
                  REQUIRING EXECUTION AND DELIVERY OF
                  INSTRUMENTS 
  SUBTITLE P.  DURABLE POWERS OF ATTORNEY
  CHAPTER 751.  GENERAL PROVISIONS REGARDING DURABLE POWERS OF
  ATTORNEY
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 751.001.  SHORT TITLE.  This subtitle may be cited as
  the Durable Power of Attorney Act. (Tex. Prob. Code, Sec. 481.)
         Sec. 751.002.  DEFINITION OF DURABLE POWER OF ATTORNEY. A
  "durable power of attorney" means a written instrument that:
               (1)  designates another person as attorney in fact or
  agent;
               (2)  is signed by an adult principal;
               (3)  contains:
                     (A)  the words:
                           (i)  "This power of attorney is not affected
  by subsequent disability or incapacity of the principal"; or
                           (ii)  "This power of attorney becomes
  effective on the disability or incapacity of the principal"; or
                     (B)  words similar to those of Paragraph (A) that
  show the principal's intent that the authority conferred on the
  attorney in fact or agent shall be exercised notwithstanding the
  principal's subsequent disability or incapacity; and
               (4)  is acknowledged by the principal before an officer
  authorized under the laws of this state or another state to:
                     (A)  take acknowledgments to deeds of conveyance;
  and
                     (B)  administer oaths.  (Tex. Prob. Code, Sec.
  482.)
         Sec. 751.003.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.
  This subtitle shall be applied and construed to effect the general
  purpose of this subtitle, which is to make uniform the law with
  respect to the subject of this subtitle among states enacting these
  provisions. (Tex. Prob. Code, Sec. 506.)
         Sec. 751.004.  DURATION OF DURABLE POWER OF ATTORNEY.  A
  durable power of attorney does not lapse because of the passage of
  time unless the instrument creating the power of attorney
  specifically states a time limitation. (Tex. Prob. Code, Sec.
  483.)
         Sec. 751.005.  EXTENSION OF PRINCIPAL'S AUTHORITY TO OTHER
  PERSONS. If, in this subtitle, a principal is given an authority to
  act, that authority includes:
               (1)  any person designated by the principal;
               (2)  a guardian of the estate of the principal; or
               (3)  another personal representative of the principal.
  (Tex. Prob. Code, Sec. 489B(i).)
         Sec. 751.006.  RIGHTS CUMULATIVE.  The rights set out under
  this subtitle are cumulative of any other rights or remedies the
  principal may have at common law or other applicable statutes and
  are not in derogation of those rights. (Tex. Prob. Code, Sec.
  489B(j).)
  [Sections 751.007-751.050 reserved for expansion]
  SUBCHAPTER B. EFFECT OF CERTAIN ACTS ON EXERCISE OF DURABLE POWER
  OF ATTORNEY
         Sec. 751.051.  EFFECT OF ACTS PERFORMED BY ATTORNEY IN FACT
  OR AGENT DURING PRINCIPAL'S DISABILITY OR INCAPACITY.  Each act
  performed by an attorney in fact or agent under a durable power of
  attorney during a period of the principal's disability or
  incapacity has the same effect, and inures to the benefit of and
  binds the principal and the principal's successors in interest, as
  if the principal were not disabled or incapacitated. (Tex. Prob.
  Code, Sec. 484.)
         Sec. 751.052.  RELATION OF ATTORNEY IN FACT OR AGENT TO
  COURT-APPOINTED GUARDIAN OF ESTATE.  (a)  If, after execution of a
  durable power of attorney, a court of the principal's domicile
  appoints a permanent guardian of the estate of the principal, the
  powers of the attorney in fact or agent terminate on the
  qualification of the guardian of the estate. The attorney in fact
  or agent shall:
               (1)  deliver to the guardian of the estate all assets of
  the ward's estate that are in the possession of the attorney in fact
  or agent; and
               (2)  account to the guardian of the estate as the
  attorney in fact or agent would account to the principal if the
  principal had terminated the powers of the attorney in fact or
  agent.
         (b)  If, after execution of a durable power of attorney, a
  court of the principal's domicile appoints a temporary guardian of
  the estate of the principal, the court may suspend the powers of the
  attorney in fact or agent on the qualification of the temporary
  guardian of the estate until the date the term of the temporary
  guardian expires. This subsection may not be construed to prohibit
  the application for or issuance of a temporary restraining order
  under applicable law. (Tex. Prob. Code, Sec. 485.)
         Sec. 751.053.  EFFECT OF PRINCIPAL'S DIVORCE OR MARRIAGE
  ANNULMENT IF FORMER SPOUSE IS ATTORNEY IN FACT OR AGENT.  Unless
  otherwise expressly provided by the durable power of attorney, if,
  after execution of a durable power of attorney, the principal is
  divorced from a person who has been appointed the principal's
  attorney in fact or agent or the principal's marriage to a person
  who has been appointed the principal's attorney in fact or agent is
  annulled, the powers of the attorney in fact or agent granted to the
  principal's former spouse terminate on the date the divorce or
  annulment of marriage is granted by a court.  (Tex. Prob. Code, Sec.
  485A.)
         Sec. 751.054.  KNOWLEDGE OF TERMINATION OF POWER; GOOD-FAITH
  ACTS.  (a)  The revocation by, the death of, or the qualification of
  a guardian of the estate of a principal who has executed a durable
  power of attorney does not revoke or terminate the agency as to the
  attorney in fact, agent, or other person who acts in good faith
  under or in reliance on the power without actual knowledge of the
  termination of the power by:
               (1)  the revocation;
               (2)  the principal's death; or
               (3)  the qualification of a guardian of the estate of
  the principal.
         (b)  The divorce of a principal from a person who has been
  appointed the principal's attorney in fact or agent before the date
  the divorce is granted, or the annulment of the marriage of a
  principal and a person who has been appointed the principal's
  attorney in fact or agent before the date the annulment is granted,
  does not revoke or terminate the agency as to a person other than
  the principal's former spouse if the person acts in good faith under
  or in reliance on the power of attorney.
         (c)  An action taken under this section, unless otherwise
  invalid or unenforceable, binds the principal's successors in
  interest.  (Tex. Prob. Code, Sec. 486.)
         Sec. 751.055.  AFFIDAVIT REGARDING LACK OF KNOWLEDGE OF
  TERMINATION OF POWER OR OF DISABILITY OR INCAPACITY; GOOD-FAITH
  RELIANCE.  (a)  As to an act undertaken in good-faith reliance on a
  durable power of attorney, an affidavit executed by the attorney in
  fact or agent under the durable power of attorney stating that the
  attorney in fact or agent did not have, at the time the power was
  exercised, actual knowledge of the termination of the power by
  revocation, the principal's death, the principal's divorce or the
  annulment of the principal's marriage if the attorney in fact or
  agent was the principal's spouse, or the qualification of a
  guardian of the estate of the principal, is conclusive proof as
  between the attorney in fact or agent and a person other than the
  principal or the principal's personal representative dealing with
  the attorney in fact or agent of the nonrevocation or
  nontermination of the power at that time.
         (b)  As to an act undertaken in good-faith reliance on a
  durable power of attorney, an affidavit executed by the attorney in
  fact or agent under the durable power of attorney stating that the
  principal is disabled or incapacitated, as defined by the power of
  attorney, is conclusive proof as between the attorney in fact or
  agent and a person other than the principal or the principal's
  personal representative dealing with the attorney in fact or agent
  of the principal's disability or incapacity at that time.
         (c)  If the exercise of the power of attorney requires
  execution and delivery of an instrument that is to be recorded, an
  affidavit executed under Subsection (a) or (b), authenticated for
  record, may also be recorded.
         (d)  This section and Section 751.056 do not affect a
  provision in a durable power of attorney for the termination of the
  power by:
               (1)  expiration of time; or
               (2)  the occurrence of an event other than express
  revocation.  (Tex. Prob. Code, Secs. 487(a), (b), (c), (d).)
         Sec. 751.056.  NONLIABILITY OF THIRD PARTY ON GOOD-FAITH
  RELIANCE.  If a durable power of attorney is used, a third party who
  relies in good faith on the acts of an attorney in fact or agent
  performed within the scope of the power of attorney is not liable to
  the principal.  (Tex. Prob. Code, Sec. 487(e).)
         Sec. 751.057.  EFFECT OF BANKRUPTCY PROCEEDING.  (a)  The
  filing of a voluntary or involuntary petition in bankruptcy in
  connection with the debts of a principal who has executed a durable
  power of attorney does not revoke or terminate the agency as to the
  principal's attorney in fact or agent.
         (b)  Any act the attorney in fact or agent may undertake with
  respect to the principal's property is subject to the limitations
  and requirements of the United States Bankruptcy Code (11 U.S.C.
  Section 101 et seq.) until a final determination is made in the
  bankruptcy proceeding. (Tex. Prob. Code, Sec. 487A.)
         Sec. 751.058.  EFFECT OF REVOCATION OF DURABLE POWER OF
  ATTORNEY ON THIRD PARTY.  Unless otherwise provided by the durable
  power of attorney, a revocation of a durable power of attorney is
  not effective as to a third party relying on the power of attorney
  until the third party receives actual notice of the revocation.
  (Tex. Prob. Code, Sec. 488.)
  [Sections 751.059-751.100 reserved for expansion]
  SUBCHAPTER C. DUTY TO INFORM AND ACCOUNT
         Sec. 751.101.  FIDUCIARY DUTIES.  An attorney in fact or
  agent is a fiduciary and has a duty to inform and to account for
  actions taken under the power of attorney. (Tex. Prob. Code, Sec.
  489B(a).)
         Sec. 751.102.  DUTY TO TIMELY INFORM PRINCIPAL. (a)  The
  attorney in fact or agent shall timely inform the principal of each
  action taken under the power of attorney.
         (b)  Failure of an attorney in fact or agent to timely
  inform, as to third parties, does not invalidate any action of the
  attorney in fact or agent.  (Tex. Prob. Code, Sec. 489B(b).)
         Sec. 751.103.  MAINTENANCE OF RECORDS. (a)  The attorney in
  fact or agent shall maintain records of each action taken or
  decision made by the attorney in fact or agent.
         (b)  The attorney in fact or agent shall maintain all records
  until delivered to the principal, released by the principal, or
  discharged by a court.  (Tex. Prob. Code, Secs. 489B(c), (f).)
         Sec. 751.104.  ACCOUNTING.  (a)  The principal may demand an
  accounting by the attorney in fact or agent.
         (b)  Unless otherwise directed by the principal, an
  accounting under Subsection (a) must include:
               (1)  the property belonging to the principal that has
  come to the attorney in fact's or agent's knowledge or into the
  attorney in fact's or agent's possession;
               (2)  each action taken or decision made by the attorney
  in fact or agent;
               (3)  a complete account of receipts, disbursements, and
  other actions of the attorney in fact or agent that includes the
  source and nature of each receipt, disbursement, or action, with
  receipts of principal and income shown separately;
               (4)  a listing of all property over which the attorney
  in fact or agent has exercised control that includes:
                     (A)  an adequate description of each asset; and
                     (B)  the asset's current value, if the value is
  known to the attorney in fact or agent;
               (5)  the cash balance on hand and the name and location
  of the depository at which the cash balance is kept;
               (6)  each known liability; and
               (7)  any other information and facts known to the
  attorney in fact or agent as necessary for a full and definite
  understanding of the exact condition of the property belonging to
  the principal.
         (c)  Unless directed otherwise by the principal, the
  attorney in fact or agent shall also provide to the principal all
  documentation regarding the principal's property. (Tex. Prob.
  Code, Secs. 489B(d), (e).)
         Sec. 751.105.  EFFECT OF FAILURE TO COMPLY; SUIT. If the
  attorney in fact or agent fails or refuses to inform the principal,
  provide documentation, or deliver an accounting under Section
  751.104 within 60 days of a demand under that section, or a longer
  or shorter period as demanded by the principal or ordered by a
  court, the principal may file suit to:
               (1)  compel the attorney in fact or agent to deliver the
  accounting or the assets; or
               (2)  terminate the power of attorney. (Tex. Prob. Code,
  Sec. 489B(g).)
         Sec. 751.106.  EFFECT OF SUBCHAPTER ON PRINCIPAL'S RIGHTS.
  This subchapter does not limit the right of the principal to
  terminate the power of attorney or to make additional requirements
  of or to give additional instructions to the attorney in fact or
  agent. (Tex. Prob. Code, Sec. 489B(h).)
  [Sections 751.107-751.150 reserved for expansion]
  SUBCHAPTER D. RECORDING DURABLE POWER OF ATTORNEY FOR CERTAIN REAL
  PROPERTY TRANSACTIONS
         Sec. 751.151.  RECORDING FOR REAL PROPERTY TRANSACTIONS
  REQUIRING EXECUTION AND DELIVERY OF INSTRUMENTS.  A durable power
  of attorney for a real property transaction requiring the execution
  and delivery of an instrument that is to be recorded, including a
  release, assignment, satisfaction, mortgage, security agreement,
  deed of trust, encumbrance, deed of conveyance, oil, gas, or other
  mineral lease, memorandum of a lease, lien, or other claim or right
  to real property, must be recorded in the office of the county clerk
  of the county in which the property is located.  (Tex. Prob. Code, Sec. 489.)
 
  CHAPTER 752. STATUTORY DURABLE POWER OF ATTORNEY
  SUBCHAPTER A. GENERAL PROVISIONS REGARDING STATUTORY DURABLE POWER
  OF ATTORNEY
  Sec. 752.001.  USE, MEANING, AND EFFECT OF STATUTORY
                  DURABLE POWER OF ATTORNEY 
  Sec. 752.002.  VALIDITY NOT AFFECTED 
  Sec. 752.003.  PRESCRIBED FORM NOT EXCLUSIVE 
  Sec. 752.004.  LEGAL SUFFICIENCY OF STATUTORY DURABLE
                  POWER OF ATTORNEY 
  [Sections 752.005-752.050 reserved for expansion]
  SUBCHAPTER B. FORM OF STATUTORY DURABLE POWER OF ATTORNEY
  Sec. 752.051.  FORM 
  [Sections 752.052-752.100 reserved for expansion]
  SUBCHAPTER C. CONSTRUCTION OF POWERS RELATED TO STATUTORY DURABLE
  POWER OF ATTORNEY
  Sec. 752.101.  CONSTRUCTION IN GENERAL 
  Sec. 752.102.  REAL PROPERTY TRANSACTIONS 
  Sec. 752.103.  TANGIBLE PERSONAL PROPERTY TRANSACTIONS 
  Sec. 752.104.  STOCK AND BOND TRANSACTIONS 
  Sec. 752.105.  COMMODITY AND OPTION TRANSACTIONS 
  Sec. 752.106.  BANKING AND OTHER FINANCIAL INSTITUTION
                  TRANSACTIONS 
  Sec. 752.107.  BUSINESS OPERATION TRANSACTIONS 
  Sec. 752.108.  INSURANCE AND ANNUITY TRANSACTIONS 
  Sec. 752.109.  ESTATE, TRUST, AND OTHER BENEFICIARY
                  TRANSACTIONS 
  Sec. 752.110.  CLAIMS AND LITIGATION 
  Sec. 752.111.  PERSONAL AND FAMILY MAINTENANCE 
  Sec. 752.112.  BENEFITS FROM CERTAIN GOVERNMENTAL
                  PROGRAMS OR CIVIL OR MILITARY SERVICE 
  Sec. 752.113.  RETIREMENT PLAN TRANSACTIONS 
  Sec. 752.114.  TAX MATTERS 
  Sec. 752.115.  EXISTING INTERESTS; FOREIGN INTERESTS 
  CHAPTER 752. STATUTORY DURABLE POWER OF ATTORNEY
  SUBCHAPTER A. GENERAL PROVISIONS REGARDING STATUTORY DURABLE POWER
  OF ATTORNEY
         Sec. 752.001.  USE, MEANING, AND EFFECT OF STATUTORY DURABLE
  POWER OF ATTORNEY. (a)  A person may use a statutory durable power
  of attorney to grant an attorney in fact or agent powers with
  respect to a person's property and financial matters.
         (b)  A power of attorney in substantially the form prescribed
  by Section 752.051 has the meaning and effect prescribed by this
  subtitle. (Tex. Prob. Code, Sec. 490(a) (part).)
         Sec. 752.002.  VALIDITY NOT AFFECTED.  A power of attorney is
  valid with respect to meeting the requirements for a statutory
  durable power of attorney regardless of the fact that:
               (1)  one or more of the categories of optional powers
  listed in the form prescribed by Section 752.051 are struck; or
               (2)  the form includes specific limitations on, or
  additions to, the powers of the attorney in fact or agent. (Tex.
  Prob. Code, Sec. 490(a) (part).)
         Sec. 752.003.  PRESCRIBED FORM NOT EXCLUSIVE. The form
  prescribed by Section 752.051 is not exclusive, and other forms of
  power of attorney may be used. (Tex. Prob. Code, Sec. 490(a)
  (part).)
         Sec. 752.004.  LEGAL SUFFICIENCY OF STATUTORY DURABLE POWER
  OF ATTORNEY.  A statutory durable power of attorney is legally
  sufficient under this subtitle if:
               (1)  the wording of the form complies substantially
  with the wording of the form prescribed by Section 752.051;
               (2)  the form is properly completed; and
               (3)  the signature of the principal is acknowledged.
  (Tex. Prob. Code, Sec. 490(b).)
  [Sections 752.005-752.050 reserved for expansion]
  SUBCHAPTER B. FORM OF STATUTORY DURABLE POWER OF ATTORNEY
         Sec. 752.051.  FORM.  The following form is known as a
  "statutory durable power of attorney":
  STATUTORY DURABLE POWER OF ATTORNEY
  NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING.
  THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT, SUBTITLE P,
  TITLE 2, ESTATES CODE. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS,
  OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE
  ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU
  MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.
         I, __________ (insert your name and address), appoint
  __________ (insert the name and address of the person appointed) as
  my agent (attorney in fact) to act for me in any lawful way with
  respect to all of the following powers except for a power that I
  have crossed out below.
   TO WITHHOLD A POWER, YOU MUST CROSS OUT EACH POWER
  WITHHELD.
         Real property transactions;
         Tangible personal property transactions;
         Stock and bond transactions;
         Commodity and option transactions;
         Banking and other financial institution transactions;
         Business operating transactions;
         Insurance and annuity transactions;
         Estate, trust, and other beneficiary transactions;
         Claims and litigation;
         Personal and family maintenance;
         Benefits from social security, Medicare, Medicaid, or other
  governmental programs or civil or military service;
         Retirement plan transactions;
         Tax matters.
         IF NO POWER LISTED ABOVE IS CROSSED OUT, THIS DOCUMENT SHALL
  BE CONSTRUED AND INTERPRETED AS A GENERAL POWER OF ATTORNEY AND MY
  AGENT (ATTORNEY IN FACT) SHALL HAVE THE POWER AND AUTHORITY TO
  PERFORM OR UNDERTAKE ANY ACTION I COULD PERFORM OR UNDERTAKE IF I
  WERE PERSONALLY PRESENT.
  SPECIAL INSTRUCTIONS:
         Special instructions applicable to gifts (initial in front of
  the following sentence to have it apply):
         I grant my agent (attorney in fact) the power to apply my
  property to make gifts, except that the amount of a gift to an
  individual may not exceed the amount of annual exclusions allowed
  from the federal gift tax for the calendar year of the gift.
         ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS
  LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT.
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
         UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS
  EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED.
         CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE
  ALTERNATIVE NOT CHOSEN:
         (A)  This power of attorney is not affected by my subsequent
  disability or incapacity.
         (B)  This power of attorney becomes effective upon my
  disability or incapacity.
         YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY
  IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED.
         IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT
  YOU CHOSE ALTERNATIVE (A).
         If Alternative (B) is chosen and a definition of my
  disability or incapacity is not contained in this power of
  attorney, I shall be considered disabled or incapacitated for
  purposes of this power of attorney if a physician certifies in
  writing at a date later than the date this power of attorney is
  executed that, based on the physician's medical examination of me,
  I am mentally incapable of managing my financial affairs. I
  authorize the physician who examines me for this purpose to
  disclose my physical or mental condition to another person for
  purposes of this power of attorney. A third party who accepts this
  power of attorney is fully protected from any action taken under
  this power of attorney that is based on the determination made by a
  physician of my disability or incapacity.
         I agree that any third party who receives a copy of this
  document may act under it. Revocation of the durable power of
  attorney is not effective as to a third party until the third party
  receives actual notice of the revocation. I agree to indemnify the
  third party for any claims that arise against the third party
  because of reliance on this power of attorney.
         If any agent named by me dies, becomes legally disabled,
  resigns, or refuses to act, I name the following (each to act alone
  and successively, in the order named) as successor(s) to that
  agent: __________.
         Signed this ______ day of __________, _____________
                                             ___________________________
                                             (your signature)
  State of _______________________
  County of ______________________
  This document was acknowledged before me on ____________(date) by
  ________________________
  (name of principal)
                                         ______________________________
                                         (signature of notarial officer)
  (Seal, if any, of notary) ________________________________________
                                  (printed name)
                                  My commission expires: ______________
         THE ATTORNEY IN FACT OR AGENT, BY ACCEPTING OR ACTING UNDER
  THE APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHER LEGAL
  RESPONSIBILITIES OF AN AGENT. (Tex. Prob. Code, Sec. 490(a)
  (part).)
  [Sections 752.052-752.100 reserved for expansion]
  SUBCHAPTER C. CONSTRUCTION OF POWERS RELATED TO STATUTORY DURABLE
  POWER OF ATTORNEY
         Sec. 752.101.  CONSTRUCTION IN GENERAL.  By executing a
  statutory durable power of attorney that confers authority with
  respect to any class of transactions, the principal empowers the
  attorney in fact or agent for that class of transactions to:
               (1)  demand, receive, and obtain by litigation, action,
  or otherwise any money or other thing of value to which the
  principal is, may become, or may claim to be entitled;
               (2)  conserve, invest, disburse, or use any money or
  other thing of value received on behalf of the principal for the
  purposes intended;
               (3)  contract in any manner with any person, on terms
  agreeable to the attorney in fact or agent, to accomplish a purpose
  of a transaction and perform, rescind, reform, release, or modify
  that contract or another contract made by or on behalf of the
  principal;
               (4)  execute, acknowledge, seal, and deliver a deed,
  revocation, mortgage, lease, notice, check, release, or other
  instrument the attorney in fact or agent considers desirable to
  accomplish a purpose of a transaction;
               (5)  with respect to a claim existing in favor of or
  against the principal:
                     (A)  prosecute, defend, submit to arbitration,
  settle, and propose or accept a compromise; or
                     (B)  intervene in an action or litigation relating
  to the claim;
               (6)  seek on the principal's behalf the assistance of a
  court to carry out an act authorized by the power of attorney;
               (7)  engage, compensate, and discharge an attorney,
  accountant, expert witness, or other assistant;
               (8)  keep appropriate records of each transaction,
  including an accounting of receipts and disbursements;
               (9)  prepare, execute, and file a record, report, or
  other document the attorney in fact or agent considers necessary or
  desirable to safeguard or promote the principal's interest under a
  statute or governmental regulation;
               (10)  reimburse the attorney in fact or agent for an
  expenditure made in exercising the powers granted by the durable
  power of attorney; and
               (11)  in general, perform any other lawful act that the
  principal may perform with respect to the transaction.  (Tex. Prob.
  Code, Sec. 491.)
         Sec. 752.102.  REAL PROPERTY TRANSACTIONS. The language
  conferring authority with respect to real property transactions in
  a statutory durable power of attorney empowers the attorney in fact
  or agent, without further reference to a specific description of
  the real property, to:
               (1)  accept as a gift or as security for a loan or
  reject, demand, buy, lease, receive, or otherwise acquire an
  interest in real property or a right incident to real property;
               (2)  sell, exchange, convey with or without covenants,
  quitclaim, release, surrender, mortgage, encumber, partition or
  consent to partitioning, subdivide, apply for zoning, rezoning, or
  other governmental permits, plat or consent to platting, develop,
  grant options concerning, lease or sublet, or otherwise dispose of
  an estate or interest in real property or a right incident to real
  property;
               (3)  release, assign, satisfy, and enforce by
  litigation, action, or otherwise a mortgage, deed of trust,
  encumbrance, lien, or other claim to real property that exists or is
  claimed to exist;
               (4)  perform any act of management or of conservation
  with respect to an interest in real property, or a right incident to
  real property, owned or claimed to be owned by the principal,
  including the authority to:
                     (A)  insure against a casualty, liability, or
  loss;
                     (B)  obtain or regain possession or protect the
  interest or right by litigation, action, or otherwise;
                     (C)  pay, compromise, or contest taxes or
  assessments or apply for and receive refunds in connection with the
  taxes or assessments;
                     (D)  purchase supplies, hire assistance or labor,
  or make repairs or alterations to the real property; and
                     (E)  manage and supervise an interest in real
  property, including the mineral estate, by, for example:
                           (i)  entering into a lease for oil, gas, and
  mineral purposes;
                           (ii)  making contracts for development of
  the mineral estate; or
                           (iii)  making pooling and unitization
  agreements;
               (5)  use, develop, alter, replace, remove, erect, or
  install structures or other improvements on real property in which
  the principal has or claims to have an estate, interest, or right;
               (6)  participate in a reorganization with respect to
  real property or a legal entity that owns an interest in or right
  incident to real property, receive and hold shares of stock or
  obligations received in a plan or reorganization, and act with
  respect to the shares or obligations, including:
                     (A)  selling or otherwise disposing of the shares
  or obligations;
                     (B)  exercising or selling an option, conversion,
  or similar right with respect to the shares or obligations; and
                     (C)  voting the shares or obligations in person or
  by proxy;
               (7)  change the form of title of an interest in or right
  incident to real property; and
               (8)  dedicate easements or other real property in which
  the principal has or claims to have an interest to public use, with
  or without consideration. (Tex. Prob. Code, Sec. 492.)
         Sec. 752.103.  TANGIBLE PERSONAL PROPERTY TRANSACTIONS. The
  language conferring general authority with respect to tangible
  personal property transactions in a statutory durable power of
  attorney empowers the attorney in fact or agent to:
               (1)  accept tangible personal property or an interest
  in tangible personal property as a gift or as security for a loan or
  reject, demand, buy, receive, or otherwise acquire ownership or
  possession of tangible personal property or an interest in tangible
  personal property;
               (2)  sell, exchange, convey with or without covenants,
  release, surrender, mortgage, encumber, pledge, create a security
  interest in, pawn, grant options concerning, lease or sublet to
  others, or otherwise dispose of tangible personal property or an
  interest in tangible personal property;
               (3)  release, assign, satisfy, or enforce by
  litigation, action, or otherwise a mortgage, security interest,
  encumbrance, lien, or other claim on behalf of the principal, with
  respect to tangible personal property or an interest in tangible
  personal property; and
               (4)  perform an act of management or conservation with
  respect to tangible personal property or an interest in tangible
  personal property on behalf of the principal, including:
                     (A)  insuring the property or interest against
  casualty, liability, or loss;
                     (B)  obtaining or regaining possession or
  protecting the property or interest by litigation, action, or
  otherwise;
                     (C)  paying, compromising, or contesting taxes or
  assessments or applying for and receiving refunds in connection
  with taxes or assessments;
                     (D)  moving the property;
                     (E)  storing the property for hire or on a
  gratuitous bailment; and
                     (F)  using, altering, and making repairs or
  alterations to the property. (Tex. Prob. Code, Sec. 493.)
         Sec. 752.104.  STOCK AND BOND TRANSACTIONS.  The language
  conferring authority with respect to stock and bond transactions in
  a statutory durable power of attorney empowers the attorney in fact
  or agent to:
               (1)  buy, sell, and exchange:
                     (A)  stocks;
                     (B)  bonds;
                     (C)  mutual funds; and
                     (D)  all other types of securities and financial
  instruments other than commodity futures contracts and call and put
  options on stocks and stock indexes;
               (2)  receive certificates and other evidences of
  ownership with respect to securities;
               (3)  exercise voting rights with respect to securities
  in person or by proxy;
               (4)  enter into voting trusts; and
               (5)  consent to limitations on the right to vote. (Tex.
  Prob. Code, Sec. 494.)
         Sec. 752.105.  COMMODITY AND OPTION TRANSACTIONS.  The
  language conferring authority with respect to commodity and option
  transactions in a statutory durable power of attorney empowers the
  attorney in fact or agent to:
               (1)  buy, sell, exchange, assign, settle, and exercise
  commodity futures contracts and call and put options on stocks and
  stock indexes traded on a regulated options exchange; and
               (2)  establish, continue, modify, or terminate option
  accounts with a broker. (Tex. Prob. Code, Sec. 495.)
         Sec. 752.106.  BANKING AND OTHER FINANCIAL INSTITUTION
  TRANSACTIONS. The language conferring authority with respect to
  banking and other financial institution transactions in a statutory
  durable power of attorney empowers the attorney in fact or agent to:
               (1)  continue, modify, or terminate an account or other
  banking arrangement made by or on behalf of the principal;
               (2)  establish, modify, or terminate an account or
  other banking arrangement with a bank, trust company, savings and
  loan association, credit union, thrift company, brokerage firm, or
  other financial institution selected by the attorney in fact or
  agent;
               (3)  rent a safe deposit box or space in a vault;
               (4)  contract to procure other services available from
  a financial institution as the attorney in fact or agent considers
  desirable;
               (5)  withdraw by check, order, or otherwise money or
  property of the principal deposited with or left in the custody of a
  financial institution;
               (6)  receive bank statements, vouchers, notices, or
  similar documents from a financial institution and act with respect
  to those documents;
               (7)  enter a safe deposit box or vault and withdraw from
  or add to its contents;
               (8)  borrow money at an interest rate agreeable to the
  attorney in fact or agent and pledge as security the principal's
  property as necessary to borrow, pay, renew, or extend the time of
  payment of a debt of the principal;
               (9)  make, assign, draw, endorse, discount, guarantee,
  and negotiate promissory notes, bills of exchange, checks, drafts,
  or other negotiable or nonnegotiable paper of the principal, or
  payable to the principal or the principal's order to receive the
  cash or other proceeds of those transactions, to accept a draft
  drawn by a person on the principal, and to pay the principal when
  due;
               (10)  receive for the principal and act on a sight
  draft, warehouse receipt, or other negotiable or nonnegotiable
  instrument;
               (11)  apply for and receive letters of credit, credit
  cards, and traveler's checks from a financial institution and give
  an indemnity or other agreement in connection with letters of
  credit; and
               (12)  consent to an extension of the time of payment
  with respect to commercial paper or a financial transaction with a
  financial institution. (Tex. Prob. Code, Sec. 496.)
         Sec. 752.107.  BUSINESS OPERATION TRANSACTIONS. The
  language conferring authority with respect to business operating
  transactions in a statutory durable power of attorney empowers the
  attorney in fact or agent to:
               (1)  operate, buy, sell, enlarge, reduce, or terminate
  a business interest;
               (2)  do the following, to the extent that an attorney in
  fact or agent is permitted by law to act for a principal and subject
  to the terms of a partnership agreement:
                     (A)  perform a duty, discharge a liability, or
  exercise a right, power, privilege, or option that the principal
  has, may have, or claims to have under the partnership agreement,
  whether or not the principal is a general or limited partner;
                     (B)  enforce the terms of the partnership
  agreement by litigation, action, or otherwise; and
                     (C)  defend, submit to arbitration, settle, or
  compromise litigation or an action to which the principal is a party
  because of membership in the partnership;
               (3)  exercise in person or by proxy, or enforce by
  litigation, action, or otherwise, a right, power, privilege, or
  option the principal has or claims to have as the holder of a bond,
  share, or other similar instrument and defend, submit to
  arbitration, settle, or compromise a legal proceeding to which the
  principal is a party because of a bond, share, or similar
  instrument;
               (4)  with respect to a business owned solely by the
  principal:
                     (A)  continue, modify, renegotiate, extend, and
  terminate a contract made before execution of the power of attorney
  with an individual, legal entity, firm, association, or corporation
  by or on behalf of the principal with respect to the business;
                     (B)  determine:
                           (i)  the location of the business's
  operation;
                           (ii)  the nature and extent of the business;
                           (iii)  the methods of manufacturing,
  selling, merchandising, financing, accounting, and advertising
  employed in the business's operation;
                           (iv)  the amount and types of insurance
  carried; and
                           (v)  the method of engaging, compensating,
  and dealing with the business's accountants, attorneys, and other
  agents and employees;
                     (C)  change the name or form of organization under
  which the business is operated and enter into a partnership
  agreement with other persons or organize a corporation to take over
  all or part of the operation of the business; and
                     (D)  demand and receive money due or claimed by
  the principal or on the principal's behalf in the operation of the
  business and control and disburse the money in the operation of the
  business;
               (5)  put additional capital into a business in which
  the principal has an interest;
               (6)  join in a plan of reorganization, consolidation,
  or merger of the business;
               (7)  sell or liquidate a business or part of the
  business at the time and on the terms that the attorney in fact or
  agent considers desirable;
               (8)  establish the value of a business under a buy-out
  agreement to which the principal is a party;
               (9)  do the following:
                     (A)  prepare, sign, file, and deliver reports,
  compilations of information, returns, or other papers with respect
  to a business:
                           (i)  that are required by a governmental
  agency, department, or instrumentality; or
                           (ii)  that the attorney in fact or agent
  considers desirable; and
                     (B)  make related payments; and
               (10)  pay, compromise, or contest taxes or assessments
  and perform any other act that the attorney in fact or agent
  considers desirable to protect the principal from illegal or
  unnecessary taxation, fines, penalties, or assessments with
  respect to a business, including attempts to recover, in any manner
  permitted by law, money paid before or after the execution of the
  power of attorney. (Tex. Prob. Code, Sec. 497.)
         Sec. 752.108.  INSURANCE AND ANNUITY TRANSACTIONS.  (a) The
  language conferring authority with respect to insurance and annuity
  transactions in a statutory durable power of attorney empowers the
  attorney in fact or agent to:
               (1)  continue, pay the premium or assessment on,
  modify, rescind, release, or terminate a contract procured by or on
  behalf of the principal that insures or provides an annuity to
  either the principal or another person, whether or not the
  principal is a beneficiary under the contract;
               (2)  procure new, different, or additional insurance
  contracts and annuities for the principal or the principal's
  spouse, children, and other dependents and select the amount, type
  of insurance or annuity, and method of payment;
               (3)  pay the premium or assessment on, or modify,
  rescind, release, or terminate, an insurance contract or annuity
  procured by the attorney in fact or agent;
               (4)  designate the beneficiary of the insurance
  contract, except as provided by Subsection (b);
               (5)  apply for and receive a loan on the security of the
  insurance contract or annuity;
               (6)  surrender and receive the cash surrender value;
               (7)  exercise an election;
               (8)  change the manner of paying premiums;
               (9)  change or convert the type of insurance contract
  or annuity with respect to which the principal has or claims to have
  a power described by this section;
               (10)  change the beneficiary of an insurance contract
  or annuity, except that the attorney in fact or agent may be
  designated a beneficiary only to the extent authorized by
  Subsection (b);
               (11)  apply for and procure government aid to guarantee
  or pay premiums of an insurance contract on the life of the
  principal;
               (12)  collect, sell, assign, borrow on, or pledge the
  principal's interest in an insurance contract or annuity; and
               (13)  pay from proceeds or otherwise, compromise or
  contest, or apply for refunds in connection with a tax or assessment
  imposed by a taxing authority with respect to an insurance contract
  or annuity or the proceeds of the contract or annuity or liability
  accruing because of the tax or assessment.
         (b)  An attorney in fact or agent may be named a beneficiary
  of an insurance contract or an extension, renewal, or substitute
  for the contract only to the extent the attorney in fact or agent
  was named as a beneficiary under a contract procured by the
  principal before executing the power of attorney.  (Tex. Prob.
  Code, Sec. 498.)
         Sec. 752.109.  ESTATE, TRUST, AND OTHER BENEFICIARY
  TRANSACTIONS. The language conferring authority with respect to
  estate, trust, and other beneficiary transactions in a statutory
  durable power of attorney empowers the attorney in fact or agent to
  act for the principal in all matters that affect a trust, probate
  estate, guardianship, conservatorship, escrow, custodianship, or
  other fund from which the principal is, may become, or claims to be
  entitled, as a beneficiary, to a share or payment, including to:
               (1)  accept, reject, disclaim, receive, receipt for,
  sell, assign, release, pledge, exchange, or consent to a reduction
  in or modification of a share in or payment from the fund;
               (2)  demand or obtain by litigation, action, or
  otherwise money or any other thing of value to which the principal
  is, may become, or claims to be entitled because of the fund;
               (3)  initiate, participate in, or oppose a legal or
  judicial proceeding to:
                     (A)  ascertain the meaning, validity, or effect of
  a deed, will, declaration of trust, or other instrument or
  transaction affecting the interest of the principal; or
                     (B)  remove, substitute, or surcharge a
  fiduciary;
               (4)  conserve, invest, disburse, or use anything
  received for an authorized purpose; and
               (5)  transfer all or part of the principal's interest in
  real property, stocks, bonds, accounts with financial
  institutions, insurance, and other property to the trustee of a
  revocable trust created by the principal as settlor. (Tex. Prob.
  Code, Sec. 499.)
         Sec. 752.110.  CLAIMS AND LITIGATION. The language
  conferring general authority with respect to claims and litigation
  in a statutory durable power of attorney empowers the attorney in
  fact or agent to:
               (1)  assert and prosecute before a court or
  administrative agency a claim, a claim for relief, a counterclaim,
  or an offset, or defend against an individual, a legal entity, or a
  government, including an action to:
                     (A)  recover property or other thing of value;
                     (B)  recover damages sustained by the principal;
                     (C)  eliminate or modify tax liability; or
                     (D)  seek an injunction, specific performance, or
  other relief;
               (2)  bring an action to determine an adverse claim,
  intervene in an action or litigation, and act as an amicus curiae;
               (3)  in connection with an action or litigation:
                     (A)  procure an attachment, garnishment, libel,
  order of arrest, or other preliminary, provisional, or intermediate
  relief and use an available procedure to effect or satisfy a
  judgment, order, or decree; and
                     (B)  perform any lawful act the principal could
  perform, including:
                           (i)  acceptance of tender;
                           (ii)  offer of judgment;
                           (iii)  admission of facts;
                           (iv)  submission of a controversy on an
  agreed statement of facts;
                           (v)  consent to examination before trial;
  and
                           (vi)  binding of the principal in
  litigation;
               (4)  submit to arbitration, settle, and propose or
  accept a compromise with respect to a claim or litigation;
               (5)  waive the issuance and service of process on the
  principal, accept service of process, appear for the principal,
  designate persons on whom process directed to the principal may be
  served, execute and file or deliver stipulations on the principal's
  behalf, verify pleadings, seek appellate review, procure and give
  surety and indemnity bonds, contract and pay for the preparation
  and printing of records and briefs, or receive and execute and file
  or deliver a consent, waiver, release, confession of judgment,
  satisfaction of judgment, notice, agreement, or other instrument in
  connection with the prosecution, settlement, or defense of a claim
  or litigation;
               (6)  act for the principal regarding voluntary or
  involuntary bankruptcy or insolvency proceedings concerning:
                     (A)  the principal; or
                     (B)  another person, with respect to a
  reorganization proceeding or a receivership or application for the
  appointment of a receiver or trustee that affects the principal's
  interest in property or other thing of value; and
               (7)  pay a judgment against the principal or a
  settlement made in connection with a claim or litigation and
  receive and conserve money or other thing of value paid in
  settlement of or as proceeds of a claim or litigation. (Tex. Prob.
  Code, Sec. 500.)
         Sec. 752.111.  PERSONAL AND FAMILY MAINTENANCE.  The
  language conferring authority with respect to personal and family
  maintenance in a statutory durable power of attorney empowers the
  attorney in fact or agent to:
               (1)  perform the acts necessary to maintain the
  customary standard of living of the principal, the principal's
  spouse and children, and other individuals customarily or legally
  entitled to be supported by the principal, including:
                     (A)  providing living quarters by purchase,
  lease, or other contract; or
                     (B)  paying the operating costs, including
  interest, amortization payments, repairs, and taxes on premises
  owned by the principal and occupied by those individuals;
               (2)  provide for the individuals described by
  Subdivision (1):
                     (A)  normal domestic help;
                     (B)  usual vacations and travel expenses; and
                     (C)  money for shelter, clothing, food,
  appropriate education, and other living costs;
               (3)  pay necessary medical, dental, and surgical care,
  hospitalization, and custodial care for the individuals described
  by Subdivision (1);
               (4)  continue any provision made by the principal for
  the individuals described by Subdivision (1) for automobiles or
  other means of transportation, including registering, licensing,
  insuring, and replacing the automobiles or other means of
  transportation;
               (5)  maintain or open charge accounts for the
  convenience of the individuals described by Subdivision (1) and
  open new accounts the attorney in fact or agent considers desirable
  to accomplish a lawful purpose; and
               (6)  continue:
                     (A)  payments incidental to the membership or
  affiliation of the principal in a church, club, society, order, or
  other organization; or
                     (B)  contributions to those organizations. (Tex.
  Prob. Code, Sec. 501.)
         Sec. 752.112.  BENEFITS FROM CERTAIN GOVERNMENTAL PROGRAMS
  OR CIVIL OR MILITARY SERVICE. The language conferring authority
  with respect to benefits from social security, Medicare, Medicaid,
  or other governmental programs or civil or military service in a
  statutory durable power of attorney empowers the attorney in fact
  or agent to:
               (1)  execute a voucher in the principal's name for an
  allowance or reimbursement payable by the United States, a foreign
  government, or a state or subdivision of a state to the principal,
  including an allowance or reimbursement for:
                     (A)  transportation of the individuals described
  by Section 752.111(1); and
                     (B)  shipment of the household effects of those
  individuals;
               (2)  take possession and order the removal and shipment
  of the principal's property from a post, warehouse, depot, dock, or
  other governmental or private place of storage or safekeeping and
  execute and deliver a release, voucher, receipt, bill of lading,
  shipping ticket, certificate, or other instrument for that purpose;
               (3)  prepare, file, and prosecute a claim of the
  principal for a benefit or assistance, financial or otherwise, to
  which the principal claims to be entitled under a statute or
  governmental regulation;
               (4)  prosecute, defend, submit to arbitration, settle,
  and propose or accept a compromise with respect to any benefits the
  principal may be entitled to receive; and
               (5)  receive the financial proceeds of a claim of the
  type described by this section and conserve, invest, disburse, or
  use anything received for a lawful purpose. (Tex. Prob. Code, Sec.
  502.)
         Sec. 752.113.  RETIREMENT PLAN TRANSACTIONS.  (a) In this
  section, "retirement plan" means:
               (1)  an employee pension benefit plan as defined by
  Section 3, Employee Retirement Income Security Act of 1974 (29
  U.S.C. Section 1002), without regard to the provisions of Section
  (2)(B) of that section;
               (2)  a plan that does not meet the definition of an
  employee benefit plan under the Employee Retirement Income Security
  Act of 1974 (29 U.S.C. Section 1001 et seq.) because the plan does
  not cover common law employees;
               (3)  a plan that is similar to an employee benefit plan
  under the Employee Retirement Income Security Act of 1974 (29
  U.S.C. Section 1001 et seq.), regardless of whether the plan is
  covered by Title 1 of that Act, including a plan that provides death
  benefits to the beneficiary of employees; and
               (4)  an individual retirement account or annuity, a
  self-employed pension plan, or a similar plan or account.
         (b)  The language conferring authority with respect to
  retirement plan transactions in a statutory durable power of
  attorney empowers the attorney in fact or agent to perform any
  lawful act the principal may perform with respect to a transaction
  relating to a retirement plan, including to:
               (1)  apply for service or disability retirement
  benefits;
               (2)  select payment options under any retirement plan
  in which the principal participates, including plans for
  self-employed individuals;
               (3)  designate or change the designation of a
  beneficiary or benefits payable by a retirement plan, except as
  provided by Subsection (c);
               (4)  make voluntary contributions to retirement plans
  if authorized by the plan;
               (5)  exercise the investment powers available under any
  self-directed retirement plan;
               (6)  make rollovers of plan benefits into other
  retirement plans;
               (7)  borrow from, sell assets to, and purchase assets
  from retirement plans if authorized by the plan;
               (8)  waive the principal's right to be a beneficiary of
  a joint or survivor annuity if the principal is a spouse who is not
  employed;
               (9)  receive, endorse, and cash payments from a
  retirement plan;
               (10)  waive the principal's right to receive all or a
  portion of benefits payable by a retirement plan; and
               (11)  request and receive information relating to the
  principal from retirement plan records.
         (c)  An attorney in fact or agent may be named a beneficiary
  under a retirement plan only to the extent the attorney in fact or
  agent was a named beneficiary under the retirement plan before the
  durable power of attorney was executed. (Tex. Prob. Code, Sec.
  503.)
         Sec. 752.114.  TAX MATTERS. The language conferring
  authority with respect to tax matters in a statutory durable power
  of attorney empowers the attorney in fact or agent to:
               (1)  prepare, sign, and file:
                     (A)  federal, state, local, and foreign income,
  gift, payroll, Federal Insurance Contributions Act (26 U.S.C.
  Chapter 21), and other tax returns;
                     (B)  claims for refunds;
                     (C)  requests for extensions of time;
                     (D)  petitions regarding tax matters; and
                     (E)  any other tax-related documents, including:
                           (i)  receipts;
                           (ii)  offers;
                           (iii)  waivers;
                           (iv)  consents, including consents and
  agreements under Section 2032A, Internal Revenue Code of 1986 (26
  U.S.C. Section 2032A);
                           (v)  closing agreements; and
                           (vi)  any power of attorney form required by
  the Internal Revenue Service or other taxing authority with respect
  to a tax year on which the statute of limitations has not run and 25
  tax years following that tax year;
               (2)  pay taxes due, collect refunds, post bonds,
  receive confidential information, and contest deficiencies
  determined by the Internal Revenue Service or other taxing
  authority;
               (3)  exercise any election available to the principal
  under federal, state, local, or foreign tax law; and
               (4)  act for the principal in all tax matters, for all
  periods, before the Internal Revenue Service and any other taxing
  authority. (Tex. Prob. Code, Sec. 504.)
         Sec. 752.115.  EXISTING INTERESTS; FOREIGN INTERESTS.  The
  powers described by Sections 752.102-752.114 may be exercised
  equally with respect to an interest the principal has at the time
  the durable power of attorney is executed or acquires later,
  whether or not:
               (1)  the property is located in this state; or
               (2)  the powers are exercised or the durable power of
  attorney is executed in this state. (Tex. Prob. Code, Sec. 505.)
         SECTION 1.02.  TITLE 3, ESTATES CODE. The Estates Code is
  amended by adding Title 3 to read as follows:
  TITLE 3. GUARDIANSHIP AND RELATED PROCEDURES
  SUBTITLE A. GENERAL PROVISIONS
  CHAPTER 1001. PURPOSE AND CONSTRUCTION
  CHAPTER 1002. DEFINITIONS
  [Chapters 1003-1030 reserved for expansion]
  SUBTITLE B. SCOPE, JURISDICTION, AND VENUE
  [Chapters 1031-1050 reserved]
  SUBTITLE C. PROCEDURAL MATTERS
  CHAPTER 1051. NOTICES AND PROCESS IN GUARDIANSHIP PROCEEDINGS IN
  GENERAL
  CHAPTER 1052. FILING AND RECORDKEEPING
  CHAPTER 1053. OTHER COURT DUTIES AND PROCEDURES
  CHAPTER 1054. COURT OFFICERS AND COURT-APPOINTED PERSONS
  CHAPTER 1055. TRIAL AND HEARING MATTERS
  CHAPTER 1056. EXECUTION, ATTACHMENT, AND BILL OF REVIEW
  CHAPTER 1057. CHANGE AND RESIGNATION OF RESIDENT AGENT OF GUARDIAN
  FOR SERVICE OF PROCESS
  [Chapters 1058-1100 reserved for expansion]
  SUBTITLE D. CREATION OF GUARDIANSHIP
  CHAPTER 1101. GENERAL PROCEDURE TO APPOINT GUARDIAN
  CHAPTER 1102. COURT-INITIATED PROCEDURE TO APPOINT GUARDIAN
  CHAPTER 1103. PROCEDURE TO APPOINT GUARDIAN FOR CERTAIN MINORS
  REQUIRING GUARDIANSHIPS AS ADULTS
  CHAPTER 1104. SELECTION OF AND ELIGIBILITY TO SERVE AS GUARDIAN
  CHAPTER 1105. QUALIFICATION OF GUARDIANS
  CHAPTER 1106. LETTERS OF GUARDIANSHIP
  [Chapters 1107-1150 reserved for expansion]
  SUBTITLE E. ADMINISTRATION OF GUARDIANSHIP
  CHAPTER 1151. RIGHTS, POWERS, AND DUTIES UNDER GUARDIANSHIP
  CHAPTER 1152. GUARDIANSHIP PENDING APPEAL OF APPOINTMENT
  CHAPTER 1153. NOTICE TO CLAIMANTS
  CHAPTER 1154. INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS
  CHAPTER 1155. COMPENSATION, EXPENSES, AND COURT COSTS
  CHAPTER 1156. EDUCATION AND MAINTENANCE ALLOWANCES PAID FROM WARD'S
  ESTATE
  CHAPTER 1157. PRESENTMENT AND PAYMENT OF CLAIMS
  CHAPTER 1158. SALE OR PARTITION OF WARD'S PROPERTY
  CHAPTER 1159. RENTING ESTATE PROPERTY
  CHAPTER 1160. MATTERS RELATING TO MINERAL PROPERTIES
  CHAPTER 1161. INVESTMENTS AND LOANS OF ESTATES OF WARDS
  CHAPTER 1162. TAX-MOTIVATED AND CHARITABLE AND NONPROFIT GIFTS
  CHAPTER 1163. ANNUAL ACCOUNT AND OTHER EXHIBITS AND REPORTS
  CHAPTER 1164. LIABILITY OF GUARDIAN OR GUARDIANSHIP PROGRAM
  [Chapters 1165-1200 reserved for expansion]
  SUBTITLE F. EVALUATION, MODIFICATION, OR TERMINATION OF
  GUARDIANSHIP
  CHAPTER 1201. EVALUATION OF GUARDIANSHIP
  CHAPTER 1202. MODIFICATION OR TERMINATION OF GUARDIANSHIP
  CHAPTER 1203. RESIGNATION, REMOVAL, OR DEATH OF GUARDIAN;
  APPOINTMENT OF SUCCESSOR
  CHAPTER 1204. FINAL SETTLEMENT, ACCOUNTING, AND DISCHARGE
  [Chapters 1205-1250 reserved for expansion]
  SUBTITLE G. SPECIAL TYPES OF GUARDIANSHIPS
  CHAPTER 1251. TEMPORARY GUARDIANSHIPS
  CHAPTER 1252. GUARDIANSHIPS FOR NONRESIDENT WARDS
  CHAPTER 1253. INTERSTATE GUARDIANSHIPS
  [Chapters 1254-1300 reserved for expansion]
  SUBTITLE H. COURT-AUTHORIZED TRUSTS AND ACCOUNTS
  CHAPTER 1301. MANAGEMENT TRUSTS
  CHAPTER 1302. POOLED TRUST SUBACCOUNTS
  [Chapters 1303-1350 reserved for expansion]
  SUBTITLE I. OTHER SPECIAL PROCEEDINGS AND ALTERNATIVES TO
  GUARDIANSHIP
  CHAPTER 1351. SALE OF PROPERTY OF CERTAIN INCAPACITATED PERSONS
  CHAPTER 1352. MORTGAGE OF MINOR'S INTEREST IN RESIDENCE HOMESTEAD
  CHAPTER 1353. MANAGEMENT AND CONTROL OF INCAPACITATED SPOUSE'S
  PROPERTY
  CHAPTER 1354. RECEIVERSHIP FOR ESTATES OF CERTAIN INCAPACITATED
  PERSONS
  CHAPTER 1355. PAYMENT OF CERTAIN CLAIMS WITHOUT GUARDIANSHIP
  CHAPTER 1356. COURT APPROVAL OF CERTAIN ARTS AND ENTERTAINMENT,
  ADVERTISEMENT, AND SPORTS CONTRACTS
  [Subtitles J-X reserved for expansion]
  SUBTITLE Y. TEXAS PROBATE CODE: SCOPE, JURISDICTION, AND VENUE
  PART 1. GENERAL PROVISIONS
  SUBPART A. PROCEEDINGS IN REM
  [Reserved for expansion]
  PART 2. GUARDIANSHIP PROCEEDINGS AND MATTERS
  SUBPART A. JURISDICTION
  [Reserved for expansion]
  SUBPART B. VENUE
  [Reserved for expansion]
  SUBPART C. DUTIES AND RECORDS OF CLERK
  [Reserved for expansion]
  SUBTITLE Z. TEXAS PROBATE CODE: ADDITIONAL GUARDIANSHIP PROVISIONS
  PART 2. GUARDIANSHIP PROCEEDINGS AND MATTERS
  SUBPART H. COMPENSATION, EXPENSES, AND COURT COSTS
  [Reserved for expansion]
  TITLE 3. GUARDIANSHIP AND RELATED PROCEDURES
 
  CHAPTER 1001. PURPOSE AND CONSTRUCTION
  Sec. 1001.001.  POLICY; PURPOSE OF GUARDIANSHIP 
  Sec. 1001.002.  LAWS APPLICABLE TO GUARDIANSHIPS 
  Sec. 1001.003.  REFERENCES IN LAW MEANING INCAPACITATED
                   PERSON 
  CHAPTER 1001. PURPOSE AND CONSTRUCTION
         Sec. 1001.001.  POLICY; PURPOSE OF GUARDIANSHIP. (a)  A
  court may appoint a guardian with either full or limited authority
  over an incapacitated person as indicated by the incapacitated
  person's actual mental or physical limitations and only as
  necessary to promote and protect the well-being of the
  incapacitated person.
         (b)  In creating a guardianship that gives a guardian limited
  authority over an incapacitated person, the court shall design the
  guardianship to encourage the development or maintenance of maximum
  self-reliance and independence in the incapacitated person. (Tex.
  Prob. Code, Sec. 602 (part).)
         Sec. 1001.002.  LAWS APPLICABLE TO GUARDIANSHIPS.  To the
  extent applicable and not inconsistent with other provisions of
  this code, the laws and rules governing estates of decedents apply
  to guardianships. (Tex. Prob. Code, Sec. 603(a).)
         Sec. 1001.003.  REFERENCES IN LAW MEANING INCAPACITATED
  PERSON. In this code or any other law, a reference to any of the
  following means an incapacitated person:
               (1)  a person who is mentally, physically, or legally
  incompetent;
               (2)  a person who is judicially declared incompetent;
               (3)  an incompetent or an incompetent person;
               (4)  a person of unsound mind; or
               (5)  a habitual drunkard. (Tex. Prob. Code, Sec. 603(b).)
 
  CHAPTER 1002.  DEFINITIONS
  Sec. 1002.001.  APPLICABILITY OF DEFINITIONS 
  Sec. 1002.002.  ATTORNEY AD LITEM 
  Sec. 1002.003.  AUTHORIZED CORPORATE SURETY 
  Sec. 1002.004.  CHILD 
  Sec. 1002.005.  CLAIM 
  Sec. 1002.006.  COMMUNITY ADMINISTRATOR 
  Sec. 1002.007.  CORPORATE FIDUCIARY 
  Sec. 1002.008.  COURT; PROBATE COURT; STATUTORY PROBATE
                   COURT 
  Sec. 1002.009.  COURT INVESTIGATOR 
  Sec. 1002.010.  ESTATE; GUARDIANSHIP ESTATE 
  Sec. 1002.011.  EXEMPT PROPERTY 
  Sec. 1002.012.  GUARDIAN 
  Sec. 1002.013.  GUARDIAN AD LITEM 
  Sec. 1002.014.  GUARDIANSHIP CERTIFICATION BOARD 
  Sec. 1002.015.  GUARDIANSHIP MATTER; GUARDIANSHIP
                   PROCEEDING; PROCEEDINGS IN
                   GUARDIANSHIP; PROCEEDINGS FOR
                   GUARDIANSHIP 
  Sec. 1002.016.  GUARDIANSHIP PROGRAM 
  Sec. 1002.017.  INCAPACITATED PERSON 
  Sec. 1002.018.  INTERESTED PERSON; PERSON INTERESTED 
  Sec. 1002.019.  MINOR 
  Sec. 1002.020.  MORTGAGE; LIEN 
  Sec. 1002.021.  NEXT OF KIN 
  Sec. 1002.022.  PARENT 
  Sec. 1002.023.  PERSON 
  Sec. 1002.024.  PERSONAL PROPERTY 
  Sec. 1002.025.  PRIVATE PROFESSIONAL GUARDIAN 
  Sec. 1002.026.  PROPOSED WARD 
  Sec. 1002.027.  REAL PROPERTY 
  Sec. 1002.028.  REPRESENTATIVE; PERSONAL REPRESENTATIVE 
  Sec. 1002.029.  SURETY 
  Sec. 1002.030.  WARD 
  CHAPTER 1002.  DEFINITIONS
         Sec. 1002.001.  APPLICABILITY OF DEFINITIONS. The
  definition for a term provided by this chapter applies in this
  title. (Tex. Prob. Code, Sec. 601 (part).)
         Sec. 1002.002.  ATTORNEY AD LITEM. "Attorney ad litem"
  means an attorney appointed by a court to represent and advocate on
  behalf of a proposed ward, an incapacitated person, or an unborn
  person in a guardianship proceeding. (Tex. Prob. Code, Sec.
  601(1).)
         Sec. 1002.003.  AUTHORIZED CORPORATE SURETY. "Authorized
  corporate surety" means a domestic or foreign corporation
  authorized to engage in business in this state to issue surety,
  guaranty, or indemnity bonds that guarantee the fidelity of a
  guardian. (Tex. Prob. Code, Sec. 601(2).)
         Sec. 1002.004.  CHILD. "Child" includes a biological child
  and an adopted child, regardless of whether the child was adopted by
  a parent under a statutory procedure or by acts of estoppel. (Tex.
  Prob. Code, Sec. 601(3).)
         Sec. 1002.005.  CLAIM.  "Claim" includes:
               (1)  a liability against the estate of an incapacitated
  person; and
               (2)  a debt due to the estate of an incapacitated
  person. (Tex. Prob. Code, Sec. 601(4).)
         Sec. 1002.006.  COMMUNITY ADMINISTRATOR. "Community
  administrator" means a spouse who, on the judicial declaration of
  incapacity of the other spouse, is authorized to manage, control,
  and dispose of the entire community estate, including the part of
  the community estate the incapacitated spouse legally has the power
  to manage in the absence of the incapacity. (Tex. Prob. Code, Sec.
  601(5).)
         Sec. 1002.007.  CORPORATE FIDUCIARY. "Corporate fiduciary"
  means a financial institution, as defined by Section 201.101,
  Finance Code, that:
               (1)  is existing or engaged in business under the laws
  of this state, another state, or the United States;
               (2)  has trust powers; and
               (3)  is authorized by law to act under the order or
  appointment of a court of record, without giving bond, as guardian,
  receiver, trustee, executor, administrator, or, although the
  financial institution does not have general depository powers,
  depository for any money paid into the court, or to become sole
  guarantor or surety in or on any bond required to be given under the
  laws of this state. (Tex. Prob. Code, Sec. 601(6).)
         Sec. 1002.008.  COURT; PROBATE COURT; STATUTORY PROBATE
  COURT. (a) "Court" or "probate court" means:
               (1)  a county court exercising its probate
  jurisdiction;
               (2)  a court created by statute and authorized to
  exercise original probate jurisdiction; or
               (3)  a district court exercising original probate
  jurisdiction in a contested matter.
         (b)  "Statutory probate court" means a court created by
  statute and designated as a statutory probate court under Chapter
  25, Government Code. The term does not include a county court at
  law exercising probate jurisdiction unless the court is designated
  a statutory probate court under Chapter 25, Government Code. (Tex.
  Prob. Code, Secs. 601(8), (29).)
         Sec. 1002.009.  COURT INVESTIGATOR.  "Court investigator"
  means a person appointed by the judge of a statutory probate court
  under Section 25.0025, Government Code. (Tex. Prob. Code, Sec.
  601(7).)
         Sec. 1002.010.  ESTATE; GUARDIANSHIP ESTATE.  "Estate" or
  "guardianship estate" means a ward's or deceased ward's property,
  as that property:
               (1)  exists originally and changes in form by sale,
  reinvestment, or otherwise;
               (2)  is augmented by any accretions and other additions
  to the property, including any property to be distributed to the
  deceased ward's representative by the trustee of a trust that
  terminates on the ward's death, or substitutions for the property;
  and
               (3)  is diminished by any decreases in or distributions
  from the property. (Tex. Prob. Code, Sec. 601(9).)
         Sec. 1002.011.  EXEMPT PROPERTY. "Exempt property" means
  the property in a deceased ward's estate that is exempt from
  execution or forced sale by the constitution or laws of this state,
  and any allowance paid instead of that property. (Tex. Prob. Code,
  Sec. 601(10).)
         Sec. 1002.012.  GUARDIAN.  (a)  "Guardian" means a person
  appointed as a:
               (1)  guardian under Subchapter D, Chapter 1101;
               (2)  successor guardian; or
               (3)  temporary guardian.
         (b)  Except as expressly provided otherwise, "guardian"
  includes:
               (1)  the guardian of the estate of an incapacitated
  person; and
               (2)  the guardian of the person of an incapacitated
  person.  (Tex. Prob. Code, Sec. 601(11).)
         Sec. 1002.013.  GUARDIAN AD LITEM. "Guardian ad litem"
  means a person appointed by a court to represent the best interests
  of an incapacitated person in a guardianship proceeding. (Tex.
  Prob. Code, Sec. 601(12).)
         Sec. 1002.014.  GUARDIANSHIP CERTIFICATION BOARD.  
  "Guardianship Certification Board" means the Guardianship
  Certification Board established under Chapter 111, Government
  Code.  (Tex. Prob. Code, Sec. 601(12-a).)
         Sec. 1002.015.  GUARDIANSHIP MATTER; GUARDIANSHIP
  PROCEEDING; PROCEEDINGS IN GUARDIANSHIP; PROCEEDINGS FOR
  GUARDIANSHIP.  The terms "guardianship matter," "guardianship
  proceeding," "proceedings in guardianship," and "proceedings for
  guardianship" are synonymous and include a matter or proceeding
  relating to a guardianship or any other matter addressed by this
  title.  (Tex. Prob. Code, Sec. 601(25).)
         Sec. 1002.016.  GUARDIANSHIP PROGRAM. "Guardianship
  program" has the meaning assigned by Section 111.001, Government
  Code. (Tex. Prob. Code, Sec. 601(13).)
         Sec. 1002.017.  INCAPACITATED PERSON. "Incapacitated
  person" means:
               (1)  a minor;
               (2)  an adult who, because of a physical or mental
  condition, is substantially unable to:
                     (A)  provide food, clothing, or shelter for
  himself or herself;
                     (B)  care for the person's own physical health; or
                     (C)  manage the person's own financial affairs; or
               (3)  a person who must have a guardian appointed for the
  person to receive funds due the person from a governmental source.
  (Tex. Prob. Code, Sec. 601(14).)
         Sec. 1002.018.  INTERESTED PERSON; PERSON INTERESTED.
  "Interested person" or "person interested" means:
               (1)  an heir, devisee, spouse, creditor, or any other
  person having a property right in or claim against an estate being
  administered; or
               (2)  a person interested in the welfare of an
  incapacitated person. (Tex. Prob. Code, Sec. 601(15).)
         Sec. 1002.019.  MINOR. "Minor" means a person younger than
  18 years of age who:
               (1)  has never been married; and
               (2)  has not had the disabilities of minority removed
  for general purposes. (Tex. Prob. Code, Sec. 601(16).)
         Sec. 1002.020.  MORTGAGE; LIEN. "Mortgage" and "lien"
  include:
               (1)  a deed of trust;
               (2)  a vendor's lien;
               (3)  a mechanic's, materialman's, or laborer's lien;
               (4)  a judgment, attachment, or garnishment lien;
               (5)  a federal or state tax lien;
               (6)  a chattel mortgage; and
               (7)  a pledge by hypothecation. (Tex. Prob. Code, Sec.
  601(18).)
         Sec. 1002.021.  NEXT OF KIN. "Next of kin" includes:
               (1)  an adopted child;
               (2)  an adopted child's descendants; and
               (3)  the adoptive parent of an adopted child. (Tex.
  Prob. Code, Sec. 601(19).)
         Sec. 1002.022.  PARENT.  "Parent" means the mother of a
  child, a man presumed to be the biological father of a child, a man
  who has been adjudicated to be the biological father of a child by a
  court of competent jurisdiction, or an adoptive mother or father of
  a child, but does not include a parent as to whom the parent-child
  relationship has been terminated.  (Tex. Prob. Code, Sec. 601(20).)
         Sec. 1002.023.  PERSON.  (a)  "Person" includes a natural
  person, a corporation, and a guardianship program.
         (b)  The definition of "person" assigned by Section 311.005,
  Government Code, does not apply to any provision in this title.  
  (Tex. Prob. Code, Sec. 601(21); New.)
         Sec. 1002.024.  PERSONAL PROPERTY. "Personal property"
  includes an interest in:
               (1)  goods;
               (2)  money;
               (3)  a chose in action;
               (4)  an evidence of debt; and
               (5)  a real chattel. (Tex. Prob. Code, Sec. 601(22).)
         Sec. 1002.025.  PRIVATE PROFESSIONAL GUARDIAN. "Private
  professional guardian" has the meaning assigned by Section 111.001,
  Government Code. (Tex. Prob. Code, Sec. 601(24).)
         Sec. 1002.026.  PROPOSED WARD. "Proposed ward" means a
  person alleged in a guardianship proceeding to be incapacitated.  
  (Tex. Prob. Code, Sec. 601(27).)
         Sec. 1002.027.  REAL PROPERTY. "Real property" includes
  estates and interests in land, whether corporeal or incorporeal or
  legal or equitable. The term does not include a real chattel.
  (Tex. Prob. Code, Sec. 601(28).)
         Sec. 1002.028.  REPRESENTATIVE; PERSONAL REPRESENTATIVE.
  "Representative" and "personal representative" include:
               (1)  a guardian; and
               (2)  a successor guardian. (Tex. Prob. Code, Sec.
  601(23).)
         Sec. 1002.029.  SURETY. "Surety" includes a personal surety
  and a corporate surety. (Tex. Prob. Code, Sec. 601(30).)
         Sec. 1002.030.  WARD. "Ward" means a person for whom a
  guardian has been appointed. (Tex. Prob. Code, Sec. 601(31).)
  [Chapters 1003-1030 reserved for expansion]
  SUBTITLE B. SCOPE, JURISDICTION, AND VENUE
  [Chapters 1031-1050 reserved]
 
  CHAPTER 1051. NOTICES AND PROCESS IN GUARDIANSHIP PROCEEDINGS IN
  GENERAL
  SUBCHAPTER A. ISSUANCE AND FORM OF NOTICE OR PROCESS
  Sec. 1051.001.  ISSUANCE OF NOTICE OR PROCESS IN
                   GENERAL 
  Sec. 1051.002.  DIRECTION OF WRIT OR OTHER PROCESS 
  Sec. 1051.003.  CONTENTS OF CITATION OR NOTICE 
  [Sections 1051.004-1051.050 reserved for expansion]
  SUBCHAPTER B. METHODS OF SERVING CITATION OR NOTICE; PERSONS TO BE
  SERVED
  Sec. 1051.051.  PERSONAL SERVICE 
  Sec. 1051.052.  SERVICE BY MAIL 
  Sec. 1051.053.  SERVICE BY POSTING 
  Sec. 1051.054.  SERVICE BY PUBLICATION 
  Sec. 1051.055.  SERVICE ON PARTY'S ATTORNEY OF RECORD 
  Sec. 1051.056.  SERVICE ON GUARDIAN OR RECEIVER 
  [Sections 1051.057-1051.100 reserved for expansion]
  SUBCHAPTER C. NOTICE AND CITATION REQUIRED FOR APPLICATION FOR
  GUARDIANSHIP
  Sec. 1051.101.  NOTICE REQUIRED FOR APPLICATION FOR
                   GUARDIANSHIP; CITATION OF APPLICANT
                   NOT REQUIRED 
  Sec. 1051.102.  ISSUANCE OF CITATION FOR APPLICATION
                   FOR GUARDIANSHIP 
  Sec. 1051.103.  SERVICE OF CITATION FOR APPLICATION FOR
                   GUARDIANSHIP 
  Sec. 1051.104.  NOTICE BY APPLICANT FOR GUARDIANSHIP 
  Sec. 1051.105.  WAIVER OF NOTICE OF APPLICATION FOR
                   GUARDIANSHIP 
  Sec. 1051.106.  ACTION BY COURT ON APPLICATION FOR
                   GUARDIANSHIP 
  [Sections 1051.107-1051.150 reserved for expansion]
  SUBCHAPTER D. RETURN AND PROOF OF SERVICE OF CITATION OR NOTICE
  Sec. 1051.151.  REQUIREMENTS FOR RETURN ON CITATION OR
                   NOTICE SERVED BY PERSONAL SERVICE 
  Sec. 1051.152.  VALIDITY OF SERVICE AND RETURN ON
                   CITATION OR NOTICE SERVED BY POSTING 
  Sec. 1051.153.  PROOF OF SERVICE 
  Sec. 1051.154.  RETURN TO COURT 
  [Sections 1051.155-1051.200 reserved for expansion]
  SUBCHAPTER E.  ALTERNATIVE MANNER OF ISSUANCE, SERVICE, AND RETURN
  Sec. 1051.201.  COURT-ORDERED ISSUANCE, SERVICE, AND
                   RETURN UNDER CERTAIN CIRCUMSTANCES 
  [Sections 1051.202-1051.250 reserved for expansion]
  SUBCHAPTER F. ADDITIONAL NOTICE PROVISIONS
  Sec. 1051.251.  WAIVER OF NOTICE OF HEARING 
  Sec. 1051.252.  REQUEST FOR NOTICE OF FILING OF
                   PLEADING 
  Sec. 1051.253.  SERVICE OF NOTICE OF INTENTION TO TAKE
                   DEPOSITIONS IN CERTAIN MATTERS 
  CHAPTER 1051. NOTICES AND PROCESS IN GUARDIANSHIP PROCEEDINGS IN
  GENERAL
  SUBCHAPTER A. ISSUANCE AND FORM OF NOTICE OR PROCESS
         Sec. 1051.001.  ISSUANCE OF NOTICE OR PROCESS IN GENERAL.
  (a) Except as provided by Subsection (b), a person is not required
  to be cited or otherwise given notice in a guardianship matter
  except in a situation in which this title expressly provides for
  citation or the giving of notice.
         (b)  If this title does not expressly provide for citation or
  the issuance or return of notice in a guardianship matter, the court
  may require that notice be given. A court that requires that notice
  be given shall prescribe the form and manner of service of the
  notice and the return of service.
         (c)  Unless a court order is required by this title, the
  county clerk without a court order shall issue:
               (1)  necessary citations, writs, and other process in a
  guardianship matter; and
               (2)  all notices not required to be issued by a
  guardian. (Tex. Prob. Code, Secs. 632(a), (b).)
         Sec. 1051.002.  DIRECTION OF WRIT OR OTHER PROCESS. (a) A
  writ or other process other than a citation or notice must be
  directed "To any sheriff or constable within the State of Texas."
         (b)  Notwithstanding Subsection (a), a writ or other process
  other than a citation or notice may not be held defective because
  the process is directed to the sheriff or a constable of a named
  county if the process is properly served within that county by an
  officer authorized to serve the process. (Tex. Prob. Code, Sec.
  632(c) (part).)
         Sec. 1051.003.  CONTENTS OF CITATION OR NOTICE. (a) A
  citation or notice must:
               (1)  be directed to the person to be cited or notified;
               (2)  be dated;
               (3)  state the style and number of the proceeding;
               (4)  state the court in which the proceeding is
  pending;
               (5)  describe generally the nature of the proceeding or
  matter to which the citation or notice relates;
               (6)  direct the person being cited or notified to
  appear by filing a written contest or answer or to perform another
  required action; and
               (7)  state when and where the appearance or performance
  described by Subdivision (6) is required.
         (b)  A citation or notice issued by the county clerk must be
  styled "The State of Texas" and be signed by the clerk under the
  clerk's seal.
         (c)  A notice required to be given by a guardian must be in
  writing and be signed by the guardian in the guardian's official
  capacity.
         (d)  A citation or notice is not required to contain a
  precept directed to an officer, but may not be held defective
  because the citation or notice contains a precept directed to an
  officer authorized to serve the citation or notice. (Tex. Prob.
  Code, Sec. 632(c) (part).)
  [Sections 1051.004-1051.050 reserved for expansion]
  SUBCHAPTER B. METHODS OF SERVING CITATION OR NOTICE; PERSONS TO BE
  SERVED
         Sec. 1051.051.  PERSONAL SERVICE. (a) Except as otherwise
  provided by Subsection (b), if personal service of citation or
  notice is required, the citation or notice must be served on the
  attorney of record for the person to be cited or notified.
  Notwithstanding the requirement of personal service, service may be
  made on that attorney by any method specified by Section 1051.055
  for service on an attorney of record.
         (b)  If the person to be cited or notified does not have an
  attorney of record in the proceeding, or if an attempt to serve the
  person's attorney is unsuccessful:
               (1)  the sheriff or constable shall serve the citation
  or notice by delivering a copy of the citation or notice to the
  person to be cited or notified, in person, if the person to whom the
  citation or notice is directed is in this state; or
               (2)  a disinterested person competent to make an oath
  that the citation or notice was served may serve the citation or
  notice, if the person to be cited or notified is absent from or is
  not a resident of this state.
         (c)  The return day of the citation or notice served under
  Subsection (b) must be at least 10 days after the date of service,
  excluding the date of service.
         (d)  If the citation or notice attempted to be served as
  provided by Subsection (b) is returned with the notation that the
  person sought to be served, whether inside or outside this state,
  cannot be found, the county clerk shall issue a new citation or
  notice. Service of the new citation or notice must be made by
  publication. (Tex. Prob. Code, Sec. 632(f)(1) (part).)
         Sec. 1051.052.  SERVICE BY MAIL. (a) The county clerk, or
  the guardian if required by statute or court order, shall serve a
  citation or notice required or permitted to be served by regular
  mail by mailing the original citation or notice to the person to be
  cited or notified.
         (b)  Except as provided by Subsection (c), the county clerk
  shall issue a citation or notice required or permitted to be served
  by registered or certified mail and shall serve the citation or
  notice by mailing the original citation or notice by registered or
  certified mail.
         (c)  A guardian shall issue a notice required to be given by
  the guardian by registered or certified mail and shall serve the
  notice by mailing the original notice by registered or certified
  mail.
         (d)  The county clerk or guardian, as applicable, shall mail
  a citation or notice under Subsection (b) or (c) with an instruction
  to deliver the citation or notice to the addressee only and with
  return receipt requested. The clerk or guardian, as applicable,
  shall address the envelope containing the citation or notice to:
               (1)  the attorney of record in the proceeding for the
  person to be cited or notified; or
               (2)  the person to be cited or notified, if the citation
  or notice to the attorney is returned undelivered or the person to
  be cited or notified has no attorney of record in the proceeding.
         (e)  Service by mail must be made at least 20 days before the
  return day of the citation or notice, excluding the date of service.
  The date of service by mail is the date of mailing.
         (f)  A copy of a citation or notice served under Subsection
  (a), (b), or (c) and a certificate of the person serving the
  citation or notice showing that the citation or notice was mailed
  and the date of the mailing shall be filed and recorded. A returned
  receipt for a citation or notice served under Subsection (b) or (c)
  shall be attached to the certificate.
         (g)  If a citation or notice served by mail is returned
  undelivered, a new citation or notice shall be issued. Service of
  the new citation or notice must be made by posting. (Tex. Prob.
  Code, Sec. 632(f)(4).)
         Sec. 1051.053.  SERVICE BY POSTING. (a) The county clerk
  shall deliver the original and a copy of a citation or notice
  required to be posted to the sheriff or a constable of the county in
  which the proceeding is pending. The sheriff or constable shall
  post the copy at the door of the county courthouse or the location
  in or near the courthouse where public notices are customarily
  posted.
         (b)  Citation or notice under this section must be posted for
  at least 10 days before the return day of the citation or notice,
  excluding the date of posting, except as provided by Section
  1051.152(b). The date of service of citation or notice by posting
  is the date of posting.
         (c)  A sheriff or constable who posts a copy of a citation or
  notice under this section shall return the original citation or
  notice to the county clerk and state the date and location of the
  posting in a written return of the copy of the citation or notice.
         (d)  The method of service prescribed by this section applies
  when a guardian is required or permitted to post a notice. The
  notice must be:
               (1)  issued in the name of the guardian;
               (2)  addressed and delivered to, and posted and
  returned by, the appropriate officer; and
               (3)  filed with the county clerk. (Tex. Prob. Code,
  Sec. 632(f)(2).)
         Sec. 1051.054.  SERVICE BY PUBLICATION. (a) Citation or
  notice to a person to be served by publication shall be published
  one time in a newspaper of general circulation in the county in
  which the proceeding is pending. The publication must be made at
  least 10 days before the return day of the citation or notice,
  excluding the date of publication.
         (b)  The date of service of citation or notice by publication
  is the date of publication printed on the newspaper in which the
  citation or notice is published.
         (c)  If there is not a newspaper of general circulation
  published or printed in the county in which the citation or notice
  is to be published, the citation or notice under Subsection (a)
  shall be served by posting. (Tex. Prob. Code, Sec. 632(f)(3).)
         Sec. 1051.055.  SERVICE ON PARTY'S ATTORNEY OF RECORD. (a)
  If a party is represented by an attorney of record in a guardianship
  proceeding, a citation or notice required to be served on the party
  shall be served instead on that attorney.
         (b)  A notice served on an attorney under this section may be
  served by:
               (1)  delivery to the attorney in person;
               (2)  registered or certified mail, return receipt
  requested; or
               (3)  any other form of mail that requires proof of
  delivery.
         (c)  A notice or citation may be served on an attorney under
  this section by:
               (1)  another party to the proceeding;
               (2)  the attorney of record for another party to the
  proceeding;
               (3)  an appropriate sheriff or constable; or
               (4)  another person competent to testify.
         (d)  Each of the following is prima facie evidence of the
  fact that service has been made under this section:
               (1)  the written statement of an attorney of record
  showing service;
               (2)  the return of the officer showing service; and
               (3)  the affidavit of a person showing service.
         (e)  Except as provided by Section 1051.105, an attorney ad
  litem may not waive personal service of citation.  (Tex. Prob. Code,
  Sec. 634.)
         Sec. 1051.056.  SERVICE ON GUARDIAN OR RECEIVER. Unless
  this title expressly provides for another method of service, the
  county clerk who issues a citation or notice required to be served
  on a guardian or receiver shall serve the citation or notice by
  mailing the original citation or notice by registered or certified
  mail to:
               (1)  the guardian's or receiver's attorney of record;
  or
               (2)  the guardian or receiver, if the guardian or
  receiver does not have an attorney of record. (Tex. Prob. Code,
  Sec. 632(e).)
  [Sections 1051.057-1051.100 reserved for expansion]
  SUBCHAPTER C. NOTICE AND CITATION REQUIRED FOR APPLICATION FOR
  GUARDIANSHIP
         Sec. 1051.101.  NOTICE REQUIRED FOR APPLICATION FOR
  GUARDIANSHIP; CITATION OF APPLICANT NOT REQUIRED. (a) On the filing
  of an application for guardianship, notice shall be issued and
  served as provided by this subchapter.
         (b)  It is not necessary to serve a citation on a person who
  files an application for the creation of a guardianship under this
  title or for that person to waive the issuance and personal service
  of citation under this subchapter. (Tex. Prob. Code, Secs. 633(a),
  (g).)
         Sec. 1051.102.  ISSUANCE OF CITATION FOR APPLICATION FOR
  GUARDIANSHIP. (a) On the filing of an application for guardianship,
  the court clerk shall issue a citation stating:
               (1)  that the application was filed;
               (2)  the name of the proposed ward;
               (3)  the name of the applicant; and
               (4)  the name of the person to be appointed guardian as
  provided in the application, if that person is not the applicant.
         (b)  The citation must cite all persons interested in the
  welfare of the proposed ward to appear at the time and place stated
  in the notice if the persons wish to contest the application.
         (c)  The citation shall be posted. (Tex. Prob. Code, Sec.
  633(b).)
         Sec. 1051.103.  SERVICE OF CITATION FOR APPLICATION FOR
  GUARDIANSHIP.  The sheriff or other officer shall personally serve
  citation to appear and answer an application for guardianship on:
               (1)  a proposed ward who is 12 years of age or older;
               (2)  the proposed ward's parents, if the whereabouts of
  the parents are known or can be reasonably ascertained;
               (3)  any court-appointed conservator or person having
  control of the care and welfare of the proposed ward;
               (4)  the proposed ward's spouse, if the whereabouts of
  the spouse are known or can be reasonably ascertained; and
               (5)  the person named in the application to be
  appointed guardian, if that person is not the applicant. (Tex.
  Prob. Code, Sec. 633(c).)
         Sec. 1051.104.  NOTICE BY APPLICANT FOR GUARDIANSHIP.  (a)  
  The person filing an application for guardianship shall mail a copy
  of the application and a notice containing the information required
  in the citation issued under Section 1051.102 by registered or
  certified mail, return receipt requested, or by any other form of
  mail that provides proof of delivery, to the following persons, if
  their whereabouts are known or can be reasonably ascertained:
               (1)  each adult child of the proposed ward;
               (2)  each adult sibling of the proposed ward;
               (3)  the administrator of a nursing home facility or
  similar facility in which the proposed ward resides;
               (4)  the operator of a residential facility in which
  the proposed ward resides;
               (5)  a person whom the applicant knows to hold a power
  of attorney signed by the proposed ward;
               (6)  a person designated to serve as guardian of the
  proposed ward by a written declaration under Subchapter E, Chapter
  1104, if the applicant knows of the existence of the declaration;
               (7)  a person designated to serve as guardian of the
  proposed ward in the probated will of the last surviving parent of
  the proposed ward;
               (8)  a person designated to serve as guardian of the
  proposed ward by a written declaration of the proposed ward's last
  surviving parent, if the declarant is deceased and the applicant
  knows of the existence of the declaration; and
               (9)  each person named as next of kin in the application
  as required by Section 1101.001(b)(11) or (13).
         (b)  The applicant shall file with the court:
               (1)  a copy of any notice required by Subsection (a) and
  the proofs of delivery of the notice; and
               (2)  an affidavit sworn to by the applicant or the
  applicant's attorney stating:
                     (A)  that the notice was mailed as required by
  Subsection (a); and
                     (B)  the name of each person to whom the notice was
  mailed, if the person's name is not shown on the proof of delivery.
         (c)  Failure of the applicant to comply with Subsections
  (a)(2)-(9) does not affect the validity of a guardianship created
  under this title.  (Tex. Prob. Code, Secs. 633(d), (d-1), (f)
  (part).)
         Sec. 1051.105.  WAIVER OF NOTICE OF APPLICATION FOR
  GUARDIANSHIP.  A person other than the proposed ward who is entitled
  to receive notice or personal service of citation under Sections
  1051.103 and 1051.104(a) may, by writing filed with the clerk,
  waive the receipt of notice or the issuance and personal service of
  citation either in person or through an attorney ad litem.  (Tex.
  Prob. Code, Sec. 633(e).)
         Sec. 1051.106.  ACTION BY COURT ON APPLICATION FOR
  GUARDIANSHIP. The court may not act on an application for the
  creation of a guardianship until the applicant has complied with
  Section 1051.104(b) and not earlier than the Monday following the
  expiration of the 10-day period beginning on the date service of
  notice and citation has been made as provided by Sections 1051.102,
  1051.103, and 1051.104(a)(1).  (Tex. Prob. Code, Sec. 633(f)
  (part).)
  [Sections 1051.107-1051.150 reserved for expansion]
  SUBCHAPTER D. RETURN AND PROOF OF SERVICE OF CITATION OR NOTICE
         Sec. 1051.151.  REQUIREMENTS FOR RETURN ON CITATION OR
  NOTICE SERVED BY PERSONAL SERVICE. The return of the person serving
  a citation or notice under Section 1051.051 must:
               (1)  be endorsed on or attached to the citation or
  notice;
               (2)  state the date and place of service;
               (3)  certify that a copy of the citation or notice was
  delivered to the person directed to be served;
               (4)  be subscribed and sworn to before, and under the
  hand and official seal of, an officer authorized by the laws of this
  state to take an affidavit; and
               (5)  be returned to the county clerk who issued the
  citation or notice. (Tex. Prob. Code, Sec. 632(f)(1) (part).)
         Sec. 1051.152.  VALIDITY OF SERVICE AND RETURN ON CITATION
  OR NOTICE SERVED BY POSTING. (a) A citation or notice in a
  guardianship matter that is required to be served by posting and is
  issued in conformity with this title, and the service of and return
  of the citation or notice, is valid if:
               (1)  a sheriff or constable posts a copy of the citation
  or notice at the location or locations prescribed by this title; and
               (2)  the posting occurs on a day preceding the return
  day of service specified in the citation or notice that provides
  sufficient time for the period the citation or notice must be posted
  to expire before the specified return day.
         (b)  The fact that the sheriff or constable, as applicable,
  makes the return of service on the citation or notice described by
  Subsection (a) and returns the citation or notice on which the
  return has been made to the court before the expiration of the
  period the citation or notice must be posted does not affect the
  validity of the citation or notice or the service or return of
  service. This subsection applies even if the sheriff or constable
  makes the return of service and returns the citation or notice to
  the court on the same day the citation or notice is issued. (Tex.
  Prob. Code, Sec. 632(h).)
         Sec. 1051.153.  PROOF OF SERVICE. (a) Proof of service in
  each case requiring citation or notice must be filed before a
  hearing.
         (b)  Proof of service consists of:
               (1)  if the service is made by a sheriff or constable,
  the return of service;
               (2)  if the service is made by a private person, the
  person's affidavit;
               (3)  if the service is made by mail:
                     (A)  the certificate of the county clerk making
  the service, or the affidavit of the guardian or other person making
  the service that states that the citation or notice was mailed and
  the date of the mailing; and
                     (B)  the return receipt attached to the
  certificate, if the mailing was by registered or certified mail and
  a receipt has been returned; and
               (4)  if the service is made by publication, an
  affidavit that:
                     (A)  is made by the publisher of the newspaper in
  which the citation or notice was published or an employee of the
  publisher;
                     (B)  contains or to which is attached a copy of the
  published citation or notice; and
                     (C)  states the date of publication printed on the
  newspaper in which the citation or notice was published. (Tex.
  Prob. Code, Sec. 632(i).)
         Sec. 1051.154.  RETURN TO COURT. A citation or notice issued
  by a county clerk must be returned to the court from which the
  citation or notice was issued on the first Monday after the service
  is perfected. (Tex. Prob. Code, Sec. 632(g).)
  [Sections 1051.155-1051.200 reserved for expansion]
  SUBCHAPTER E.  ALTERNATIVE MANNER OF ISSUANCE, SERVICE, AND RETURN
         Sec. 1051.201.  COURT-ORDERED ISSUANCE, SERVICE, AND RETURN
  UNDER CERTAIN CIRCUMSTANCES. (a) A citation or notice required by
  this title shall be issued, served, and returned in the manner
  specified by written order of the court in accordance with this
  title and the Texas Rules of Civil Procedure if:
               (1)  an interested person requests that action;
               (2)  a specific method is not provided by this title for
  giving the citation or notice;
               (3)  a specific method is not provided by this title for
  the service and return of citation or notice; or
               (4)  a provision with respect to a matter relating to
  citation or notice is inadequate.
         (b)  Citation or notice issued, served, and returned in the
  manner specified by a court order as provided by Subsection (a) has
  the same effect as if the manner of service and return had been
  specified by this title. (Tex. Prob. Code, Sec. 632(d).)
  [Sections 1051.202-1051.250 reserved for expansion]
  SUBCHAPTER F. ADDITIONAL NOTICE PROVISIONS
         Sec. 1051.251.  WAIVER OF NOTICE OF HEARING. (a) A
  competent person who is interested in a hearing in a guardianship
  proceeding may waive notice of the hearing in writing either in
  person or through an attorney.
         (b)  A consul or other representative of a foreign government
  whose appearance has been entered as provided by law on behalf of a
  person residing in a foreign country may waive notice on the
  person's behalf.
         (c)  A person who submits to the jurisdiction of the court in
  a hearing is considered to have waived notice of the hearing. (Tex.
  Prob. Code, Sec. 635.)
         Sec. 1051.252.  REQUEST FOR NOTICE OF FILING OF PLEADING.
  (a) At any time after an application is filed to commence a
  guardianship proceeding, a person interested in the estate or
  welfare of a ward or incapacitated person may file with the county
  clerk a written request to be notified of all, or any specified,
  motions, applications, or pleadings filed with respect to the
  proceeding by any person or by a person specifically designated in
  the request. A person filing a request under this section is
  responsible for payment of the fees and other costs of providing the
  requested documents, and the clerk may require a deposit to cover
  the estimated costs of providing the notice. The clerk shall send
  to the requestor by regular mail a copy of any requested document.
         (b)  A county clerk's failure to comply with a request under
  this section does not invalidate a proceeding. (Tex. Prob. Code,
  Sec. 632(j).)
         Sec. 1051.253.  SERVICE OF NOTICE OF INTENTION TO TAKE
  DEPOSITIONS IN CERTAIN MATTERS.  (a) In a guardianship proceeding
  in which there is no opposing party or attorney of record on whom to
  serve notice and copies of interrogatories, service may be made by
  posting notice of the intention to take depositions for a period of
  10 days as provided by Section 1051.053 governing a posting of
  notice.
         (b)  When notice by posting under Subsection (a) is filed
  with the clerk, a copy of the interrogatories must also be filed.
         (c)  At the expiration of the 10-day period prescribed by
  Subsection (a):
               (1)  commission may issue for taking the depositions
  for which the notice was posted; and
               (2)  the judge may file cross-interrogatories if no person appears. (Tex. Prob. Code, Sec. 649 (part).)
 
  CHAPTER 1052.  FILING AND RECORDKEEPING
  SUBCHAPTER A. RECORDKEEPING REQUIREMENTS
  Sec. 1052.001.  GUARDIANSHIP DOCKET 
  Sec. 1052.002.  CLAIM DOCKET 
  Sec. 1052.003.  GUARDIANSHIP FEE BOOK 
  Sec. 1052.004.  ALTERNATE RECORDKEEPING 
  [Sections 1052.005-1052.050 reserved for expansion]
  SUBCHAPTER B. FILES; INDEX
  Sec. 1052.051.  FILING PROCEDURES 
  Sec. 1052.052.  CASE FILES 
  Sec. 1052.053.  INDEX 
  CHAPTER 1052.  FILING AND RECORDKEEPING
  SUBCHAPTER A. RECORDKEEPING REQUIREMENTS
         Sec. 1052.001.  GUARDIANSHIP DOCKET.  (a)  The county clerk
  shall maintain a record book titled "Judge's Guardianship Docket"
  and shall record in the book:
               (1)  the name of each person with respect to whom, or
  with respect to whose estate, a proceeding is commenced or sought to
  be commenced;
               (2)  the name of the guardian of the estate or person or
  of the applicant for letters of guardianship;
               (3)  the date each original application for a
  guardianship proceeding is filed;
               (4)  a notation of each order, judgment, decree, and
  proceeding that occurs in each estate, including the date it
  occurs; and
               (5)  the docket number of each guardianship as assigned
  under Subsection (b).
         (b)  The county clerk shall assign a docket number to each
  guardianship in the order a proceeding is commenced. (Tex. Prob.
  Code, Sec. 623(a).)
         Sec. 1052.002.  CLAIM DOCKET.  (a)  The county clerk shall
  maintain a record book titled "Claim Docket" and shall record in the
  book each claim that is presented against a guardianship for the
  court's approval.
         (b)  The county clerk shall assign one or more pages of the
  record book to each guardianship.
         (c)  The claim docket must be ruled in 16 columns at proper
  intervals from top to bottom, with a short note of the contents at
  the top of each column. The county clerk shall record for each
  claim, in the order the claims are filed, the following information
  in the respective columns, beginning with the first or marginal
  column:
               (1)  the name of the claimant;
               (2)  the amount of the claim;
               (3)  the date of the claim;
               (4)  the date the claim is filed;
               (5)  the date the claim is due;
               (6)  the date the claim begins bearing interest;
               (7)  the interest rate;
               (8)  the date the claim is allowed by the guardian, if
  applicable;
               (9)  the amount allowed by the guardian, if applicable;
               (10)  the date the claim is rejected, if applicable;
               (11)  the date the claim is approved, if applicable;
               (12)  the amount approved for the claim, if applicable;
               (13)  the date the claim is disapproved, if applicable;
               (14)  the class to which the claim belongs;
               (15)  the date the claim is established by a judgment of
  a court, if applicable; and
               (16)  the amount of the judgment established under
  Subdivision (15), if applicable.  (Tex. Prob. Code, Sec. 624.)
         Sec. 1052.003.  GUARDIANSHIP FEE BOOK. (a) The county clerk
  shall maintain a record book titled "Guardianship Fee Book" and
  shall record in the book each item of cost that accrues to the
  officers of the court and any witness fees.
         (b)  Each record entry must include:
               (1)  the party to whom the cost or fee is due;
               (2)  the date the cost or fee accrued;
               (3)  the guardianship or party liable for the cost or
  fee; and
               (4)  the date the cost or fee is paid. (Tex. Prob.
  Code, Sec. 626.)
         Sec. 1052.004.  ALTERNATE RECORDKEEPING. Instead of
  maintaining the record books described by Sections 1052.001,
  1052.002, and 1052.003, the county clerk may maintain the
  information described by those sections relating to a person's
  guardianship proceeding:
               (1)  on a computer file;
               (2)  on microfilm;
               (3)  in the form of a digitized optical image; or
               (4)  in another similar form of data compilation.
  (Tex. Prob. Code, Sec. 627.)
  [Sections 1052.005-1052.050 reserved for expansion]
  SUBCHAPTER B. FILES; INDEX
         Sec. 1052.051.  FILING PROCEDURES. (a)  An application for a
  guardianship proceeding, complaint, petition, or other paper
  permitted or required by law to be filed with a court in a
  guardianship matter must be filed with the county clerk of the
  appropriate county.
         (b)  Each paper filed in a guardianship proceeding must be
  given the docket number assigned to the estate.
         (c)  On receipt of a paper described by Subsection (a), the
  county clerk shall:
               (1)  file the paper; and
               (2)  endorse on the paper:
                     (A)  the date the paper is filed;
                     (B)  the docket number; and
                     (C)  the clerk's official signature.  (Tex. Prob.
  Code, Secs. 621, 623(b).)
         Sec. 1052.052.  CASE FILES. (a) The county clerk shall
  maintain a case file for each person's filed guardianship
  proceedings.
         (b)  Each case file must contain each order, judgment, and
  proceeding of the court and any other guardianship filing with the
  court, including each:
               (1)  application for the granting of guardianship;
               (2)  citation and notice, whether published or posted,
  including the return on the citation or notice;
               (3)  bond and official oath;
               (4)  inventory, appraisement, and list of claims;
               (5)  exhibit and account;
               (6)  report of renting;
               (7)  application for sale or partition of real estate;
               (8)  report of sale;
               (9)  application for authority to execute a lease for
  mineral development, or for pooling or unitization of lands,
  royalty, or other interest in minerals, or to lend or invest money;
               (10)  report of lending or investing money; and
               (11)  report of guardians of the persons. (Tex. Prob.
  Code, Sec. 625.)
         Sec. 1052.053.  INDEX.  (a) The county clerk shall properly
  index the records required under this chapter.
         (b)  The county clerk shall keep the index open for public
  inspection but may not release the index from the clerk's custody. (Tex. Prob. Code, Sec. 627A.)
 
  CHAPTER 1053. OTHER COURT DUTIES AND PROCEDURES
  SUBCHAPTER A. ENFORCEMENT OF ORDERS
  Sec. 1053.001.  ENFORCEMENT OF ORDERS 
  [Sections 1053.002-1053.050 reserved for expansion]
  SUBCHAPTER B. COSTS AND SECURITY
  Sec. 1053.051.  APPLICABILITY OF CERTAIN LAWS 
  Sec. 1053.052.  SECURITY FOR CERTAIN COSTS 
  [Sections 1053.053-1053.100 reserved for expansion]
  SUBCHAPTER C. PROCEDURES FOR GUARDIANSHIP MATTERS
  Sec. 1053.101.  CALLING OF DOCKETS 
  Sec. 1053.102.  SETTING OF CERTAIN HEARINGS BY CLERK 
  Sec. 1053.103.  RENDERING OF DECISIONS, ORDERS,
                   DECREES, AND JUDGMENTS 
  CHAPTER 1053. OTHER COURT DUTIES AND PROCEDURES
  SUBCHAPTER A. ENFORCEMENT OF ORDERS
         Sec. 1053.001.  ENFORCEMENT OF ORDERS. A judge may enforce
  an order entered against a guardian by attachment and confinement.
  Unless this title expressly provides otherwise, the term of
  confinement for any one offense under this section may not exceed
  three days. (Tex. Prob. Code, Sec. 651.)
  [Sections 1053.002-1053.050 reserved for expansion]
  SUBCHAPTER B. COSTS AND SECURITY
         Sec. 1053.051.  APPLICABILITY OF CERTAIN LAWS. A law
  regulating costs in ordinary civil cases applies to a guardianship
  matter unless otherwise expressly provided by this title.  (Tex.
  Prob. Code, Sec. 622(a).)
         Sec. 1053.052.  SECURITY FOR CERTAIN COSTS. (a) The clerk
  may require a person who files an application, complaint, or
  opposition relating to a guardianship matter, other than a
  guardian, attorney ad litem, or guardian ad litem, to provide
  security for the probable costs of the guardianship proceeding
  before filing the application, complaint, or opposition.
         (b)  At any time before the trial of an application,
  complaint, or opposition described by Subsection (a), an officer of
  the court or a person interested in the guardianship or in the
  welfare of the ward may, by written motion, obtain from the court an
  order requiring the person who filed the application, complaint, or
  opposition to provide security for the probable costs of the
  proceeding. The rules governing civil suits in the county court
  with respect to providing security for the probable costs of a
  proceeding control in cases described by Subsection (a) and this
  subsection.
         (c)  A guardian, attorney ad litem, or guardian ad litem
  appointed under this title by a court of this state may not be
  required to provide security for costs in an action brought by the
  guardian, attorney ad litem, or guardian ad litem in the
  guardian's, attorney ad litem's, or guardian ad litem's fiduciary
  capacity. (Tex. Prob. Code, Secs. 622(b), (c).)
  [Sections 1053.053-1053.100 reserved for expansion]
  SUBCHAPTER C. PROCEDURES FOR GUARDIANSHIP MATTERS
         Sec. 1053.101.  CALLING OF DOCKETS. The judge in whose court
  a guardianship proceeding is pending, as determined by the judge,
  shall:
               (1)  call guardianship matters in the matters' regular
  order on both the guardianship and claim dockets; and
               (2)  issue necessary orders. (Tex. Prob. Code, Sec.
  629.)
         Sec. 1053.102.  SETTING OF CERTAIN HEARINGS BY CLERK. (a)
  If a judge is unable to designate the time and place for hearing a
  guardianship matter pending in the judge's court because the judge
  is absent from the county seat or is on vacation, disqualified, ill,
  or deceased, the county clerk of the county in which the matter is
  pending may:
               (1)  designate the time and place for hearing;
               (2)  enter the setting on the judge's docket; and
               (3)  certify on the docket the reason that the judge is
  not acting to set the hearing.
         (b)  If, after the perfection of the service of notices and
  citations required by law concerning the time and place of hearing,
  a qualified judge is not present for a hearing set under Subsection
  (a), the hearing is automatically continued from day to day until a
  qualified judge is present to hear and determine the matter. (Tex.
  Prob. Code, Sec. 630.)
         Sec. 1053.103.  RENDERING OF DECISIONS, ORDERS, DECREES, AND
  JUDGMENTS. The court shall render a decision, order, decree, or
  judgment in a guardianship matter in open court, except as otherwise expressly provided. (Tex. Prob. Code, Sec. 650.)
 
  CHAPTER 1054.  COURT OFFICERS AND COURT-APPOINTED PERSONS
  SUBCHAPTER A. ATTORNEYS AD LITEM AND INTERPRETERS
  Sec. 1054.001.  APPOINTMENT OF ATTORNEY AD LITEM IN
                   PROCEEDING FOR APPOINTMENT OF
                   GUARDIAN 
  Sec. 1054.002.  TERM OF APPOINTMENT 
  Sec. 1054.003.  ACCESS TO RECORDS 
  Sec. 1054.004.  DUTIES 
  Sec. 1054.005.  APPOINTMENT OF INTERPRETER 
  [Sections 1054.006-1054.050 reserved for expansion]
  SUBCHAPTER B. GUARDIANS AD LITEM
  Sec. 1054.051.  APPOINTMENT OF GUARDIAN AD LITEM IN
                   GUARDIANSHIP PROCEEDING 
  Sec. 1054.052.  APPOINTMENT OF GUARDIAN AD LITEM
                   RELATING TO CERTAIN OTHER SUITS 
  Sec. 1054.053.  TERM OF CERTAIN APPOINTMENTS 
  Sec. 1054.054.  DUTIES 
  Sec. 1054.055.  COMPENSATION AND EXPENSES 
  Sec. 1054.056.  IMMUNITY 
  [Sections 1054.057-1054.100 reserved for expansion]
  SUBCHAPTER C. COURT VISITORS
  Sec. 1054.101.  INAPPLICABILITY OF SUBCHAPTER TO
                   CERTAIN GUARDIANSHIPS 
  Sec. 1054.102.  OPERATION OF COURT VISITOR PROGRAM 
  Sec. 1054.103.  EVALUATION OF WARD OR PROPOSED WARD 
  Sec. 1054.104.  EVALUATION REPORT 
  Sec. 1054.105.  COMPENSATION 
  [Sections 1054.106-1054.150 reserved for expansion]
  SUBCHAPTER D. COURT INVESTIGATORS
  Sec. 1054.151.  INVESTIGATION OF GUARDIANSHIP
                   APPLICATION 
  Sec. 1054.152.  GENERAL DUTIES 
  Sec. 1054.153.  INVESTIGATION REPORT 
  Sec. 1054.154.  EFFECT OF SUBCHAPTER ON OTHER LAW 
  [Sections 1054.155-1054.200 reserved for expansion]
  SUBCHAPTER E. QUALIFICATIONS TO SERVE AS COURT-APPOINTED ATTORNEY
  Sec. 1054.201.  CERTIFICATION REQUIRED 
  Sec. 1054.202.  CERTIFICATE EXPIRATION 
  Sec. 1054.203.  ELIGIBILITY FOR APPOINTMENT ON
                   EXPIRATION OF CERTIFICATE 
  CHAPTER 1054.  COURT OFFICERS AND COURT-APPOINTED PERSONS
  SUBCHAPTER A. ATTORNEYS AD LITEM AND INTERPRETERS
         Sec. 1054.001.  APPOINTMENT OF ATTORNEY AD LITEM IN
  PROCEEDING FOR APPOINTMENT OF GUARDIAN. In a proceeding under this
  title for the appointment of a guardian, the court shall appoint an
  attorney ad litem to represent the proposed ward's interests.
  (Tex. Prob. Code, Sec. 646(a) (part).)
         Sec. 1054.002.  TERM OF APPOINTMENT. Unless the court
  determines that the continued appointment of an attorney ad litem
  appointed under Section 1054.001 is in the ward's best interests,
  the attorney's term of appointment expires, without a court order,
  on the date the court:
               (1)  appoints a guardian; or
               (2)  denies the application for appointment of a
  guardian. (Tex. Prob. Code, Sec. 646(e).)
         Sec. 1054.003.  ACCESS TO RECORDS. An attorney ad litem
  appointed under Section 1054.001 shall be provided copies of all of
  the current records in the guardianship case. The attorney may have
  access to all of the proposed ward's relevant medical,
  psychological, and intellectual testing records. (Tex. Prob. Code,
  Sec. 646(a) (part).)
         Sec. 1054.004.  DUTIES. (a)  An attorney ad litem appointed
  under Section 1054.001 shall interview the proposed ward within a
  reasonable time before the hearing in the proceeding for the
  appointment of a guardian. To the greatest extent possible, the
  attorney shall discuss with the proposed ward:
               (1)  the law and facts of the case;
               (2)  the proposed ward's legal options regarding
  disposition of the case; and
               (3)  the grounds on which guardianship is sought.
         (b)  Before the hearing, the attorney ad litem shall review:
               (1)  the application for guardianship;
               (2)  certificates of current physical, medical, and
  intellectual examinations; and
               (3)  all of the proposed ward's relevant medical,
  psychological, and intellectual testing records. (Tex. Prob. Code,
  Sec. 647.)
         Sec. 1054.005.  APPOINTMENT OF INTERPRETER. At the time the
  court appoints the attorney ad litem under Section 1054.001, the
  court shall appoint a language interpreter or sign interpreter if
  necessary to ensure effective communication between the proposed
  ward and the attorney.  (Tex. Prob. Code, Sec. 646(d).)
  [Sections 1054.006-1054.050 reserved for expansion]
  SUBCHAPTER B. GUARDIANS AD LITEM
         Sec. 1054.051.  APPOINTMENT OF GUARDIAN AD LITEM IN
  GUARDIANSHIP PROCEEDING. The judge may appoint a guardian ad litem
  to represent the interests of an incapacitated person in a
  guardianship proceeding. (Tex. Prob. Code, Sec. 645(a).)
         Sec. 1054.052.  APPOINTMENT OF GUARDIAN AD LITEM RELATING TO
  CERTAIN OTHER SUITS. In the interest of judicial economy, the court
  may appoint as guardian ad litem under Section 1104.354(1) the
  person who has been appointed attorney ad litem under Section
  1054.001 or the person who is serving as an ad litem for the ward's
  benefit in any other proceeding. (Tex. Prob. Code, Sec. 645(e).)
         Sec. 1054.053.  TERM OF CERTAIN APPOINTMENTS. Unless the
  court determines that the continued appointment of a guardian ad
  litem appointed in a proceeding for the appointment of a guardian is
  in the ward's best interests, the guardian ad litem's term of
  appointment expires, without a court order, on the date the court:
               (1)  appoints a guardian; or
               (2)  denies the application for appointment of a
  guardian. (Tex. Prob. Code, Sec. 645(f).)
         Sec. 1054.054.  DUTIES. (a) A guardian ad litem is an
  officer of the court.
         (b)  A guardian ad litem shall protect the incapacitated
  person whose interests the guardian has been appointed to represent
  in a manner that will enable the court to determine the action that
  will be in that person's best interests. (Tex. Prob. Code, Sec.
  645(c).)
         Sec. 1054.055.  COMPENSATION AND EXPENSES.  (a) A guardian
  ad litem is entitled to reasonable compensation for services
  provided in the amount set by the court, to be taxed as costs in the
  proceeding.
         (b)  The fees and expenses of a guardian ad litem appointed
  under Section 1104.354(1) are costs of the litigation proceeding
  that made the appointment necessary. (Tex. Prob. Code, Secs.
  645(b), (d).)
         Sec. 1054.056.  IMMUNITY. (a)  Subject to Subsection (b), a
  guardian ad litem appointed under this subchapter or Section
  1102.001 or 1202.054 to represent the interests of an incapacitated
  person in a guardianship proceeding involving the creation,
  modification, or termination of a guardianship is not liable for
  civil damages arising from a recommendation made or an opinion
  given in the capacity of guardian ad litem.
         (b)  This section does not apply to a recommendation or
  opinion that is:
               (1)  wilfully wrongful;
               (2)  given:
                     (A)  with conscious indifference to or reckless
  disregard for the safety of another;
                     (B)  with malice; or
                     (C)  in bad faith; or
               (3)  grossly negligent.  (Tex. Prob. Code, Sec. 645A.)
  [Sections 1054.057-1054.100 reserved for expansion]
  SUBCHAPTER C. COURT VISITORS
         Sec. 1054.101.  INAPPLICABILITY OF SUBCHAPTER TO CERTAIN
  GUARDIANSHIPS. This subchapter does not apply to a guardianship
  created only because the appointment of a guardian for a person is
  necessary for the person to receive funds from a governmental
  source. (Tex. Prob. Code, Sec. 648(f).)
         Sec. 1054.102.  OPERATION OF COURT VISITOR PROGRAM. (a)
  Each statutory probate court shall operate a court visitor program
  to assess the conditions of wards and proposed wards.
         (b)  A court, other than a statutory probate court, that has
  jurisdiction of a guardianship proceeding may operate a court
  visitor program in accordance with the population needs and
  financial abilities of the area the court serves.  (Tex. Prob. Code,
  Sec. 648(a) (part).)
         Sec. 1054.103.  EVALUATION OF WARD OR PROPOSED WARD. A
  court, at any time before a guardian is appointed for a proposed
  ward or during the pendency of a guardianship of the person or
  estate, may appoint a court visitor to evaluate the ward or proposed
  ward and provide a written report that substantially complies with
  Section 1054.104(b) on:
               (1)  the request of any interested person, including
  the ward or proposed ward; or
               (2)  the court's own motion. (Tex. Prob. Code, Sec.
  648(b).)
         Sec. 1054.104.  EVALUATION REPORT. (a) A court visitor
  appointed under Section 1054.103 shall file the report on the
  evaluation of a ward or proposed ward not later than the 14th day
  after the date the court visitor conducts the evaluation. The court
  visitor shall swear under penalty of perjury that the report is
  accurate to the best of the court visitor's knowledge and belief.
         (b)  A court visitor's report must include:
               (1)  a description of the nature and degree of the
  ward's or proposed ward's capacity and incapacity, including a
  description of the ward's or proposed ward's medical history, if
  reasonably available and not waived by the court;
               (2)  a medical prognosis and list of the ward's or
  proposed ward's treating physicians, when appropriate;
               (3)  a description of the ward's or proposed ward's
  living conditions and circumstances;
               (4)  a description of the ward's or proposed ward's
  social, intellectual, physical, and educational conditions;
               (5)  a statement that the court visitor has personally
  visited or observed the ward or proposed ward;
               (6)  a statement of the date of the guardian's most
  recent visit, if a guardian has been appointed;
               (7)  a recommendation as to any modification needed in
  the guardianship or proposed guardianship, including removal or
  denial of the guardianship; and
               (8)  any other information required by the court.
  (Tex. Prob. Code, Secs. 648(c), (d).)
         Sec. 1054.105.  COMPENSATION. (a) A court that operates a
  court visitor program shall use persons willing to serve as court
  visitors without compensation to the greatest extent possible.
         (b)  A court visitor who has not expressed a willingness to
  serve without compensation is entitled to reasonable compensation
  for services provided in an amount set by the court, to be taxed as
  costs in the proceeding. (Tex. Prob. Code, Secs. 648(a) (part),
  (e).)
  [Sections 1054.106-1054.150 reserved for expansion]
  SUBCHAPTER D. COURT INVESTIGATORS
         Sec. 1054.151.  INVESTIGATION OF GUARDIANSHIP APPLICATION.
  On the filing of an application for guardianship under Section
  1101.001, a court investigator shall investigate the circumstances
  alleged in the application to determine whether a less restrictive
  alternative to guardianship is appropriate. (Tex. Prob. Code, Sec.
  648A(a).)
         Sec. 1054.152.  GENERAL DUTIES. A court investigator shall:
               (1)  supervise a court visitor program established
  under Subchapter C and, in that capacity, serve as the chief court
  visitor;
               (2)  investigate a complaint received from any person
  about a guardianship and report to the judge, if necessary; and
               (3)  perform other duties as assigned by the judge or
  required by this title. (Tex. Prob. Code, Sec. 648A(b).)
         Sec. 1054.153.  INVESTIGATION REPORT. (a) A court
  investigator shall file with the court a report containing the
  court investigator's findings and conclusions after conducting an
  investigation under Section 1054.151 or 1054.152.
         (b)  In a contested case, the court investigator shall
  provide copies of the report of the court investigator's findings
  and conclusions to the attorneys for the parties before the earlier
  of:
               (1)  the seventh day after the date the court
  investigator completes the report; or
               (2)  the 10th day before the date the trial is scheduled
  to begin.
         (c)  Disclosure to a jury of the contents of a court
  investigator's report is subject to the Texas Rules of Evidence.
  (Tex. Prob. Code, Sec. 648A(c).)
         Sec. 1054.154.  EFFECT OF SUBCHAPTER ON OTHER LAW. Nothing
  in this subchapter supersedes any duty or obligation of another to
  report or investigate abuse or neglect under any statute of this
  state. (Tex. Prob. Code, Sec. 648A(d).)
  [Sections 1054.155-1054.200 reserved for expansion]
  SUBCHAPTER E. QUALIFICATIONS TO SERVE AS COURT-APPOINTED ATTORNEY
         Sec. 1054.201.  CERTIFICATION REQUIRED. (a)  A
  court-appointed attorney in a guardianship proceeding, including
  an attorney ad litem, must be certified by the State Bar of Texas,
  or a person or other entity designated by the state bar, as having
  successfully completed a course of study in guardianship law and
  procedure sponsored by the state bar or the state bar's designee.
         (b)  The State Bar of Texas shall require three hours of
  credit for certification under this subchapter.  (Tex. Prob. Code,
  Secs. 646(b), 647A(a), (b).)
         Sec. 1054.202.  CERTIFICATE EXPIRATION. (a)  Except as
  provided by Subsection (b), a certificate issued under this
  subchapter expires on the second anniversary of the date the
  certificate is issued.
         (b)  A new certificate obtained by a person to whom a
  certificate under this subchapter was previously issued expires on
  the fourth anniversary of the date the new certificate is issued if
  the person has been certified each of the four years immediately
  preceding the date the new certificate is issued. (Tex. Prob. Code,
  Secs. 647A(c), (e).)
         Sec. 1054.203.  ELIGIBILITY FOR APPOINTMENT ON EXPIRATION OF
  CERTIFICATE. An attorney whose certificate issued under this
  subchapter has expired must obtain a new certificate to be eligible
  for appointment by a court to represent a person at a guardianship
  proceeding, including as an attorney ad litem. (Tex. Prob. Code, Secs. 646(c), 647A(d).)
 
  CHAPTER 1055. TRIAL AND HEARING MATTERS
  SUBCHAPTER A. STANDING AND PLEADINGS
  Sec. 1055.001.  STANDING TO COMMENCE OR CONTEST
                   PROCEEDING 
  Sec. 1055.002.  DEFECT IN PLEADING 
  [Sections 1055.003-1055.050 reserved for expansion]
  SUBCHAPTER B.  TRIAL AND HEARING
  Sec. 1055.051.  HEARING BY SUBMISSION 
  Sec. 1055.052.  TRIAL BY JURY 
  [Sections 1055.053-1055.100 reserved for expansion]
  SUBCHAPTER C. EVIDENCE
  Sec. 1055.101.  APPLICABILITY OF CERTAIN RULES RELATING
                   TO WITNESSES AND EVIDENCE 
  Sec. 1055.102.  USE OF CERTAIN RECORDS AS EVIDENCE 
  CHAPTER 1055. TRIAL AND HEARING MATTERS
  SUBCHAPTER A. STANDING AND PLEADINGS
         Sec. 1055.001.  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 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; or
               (4)  contest an application for complete restoration of
  a ward's capacity or modification of a ward's guardianship.
         (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.  (Tex. Prob. Code, Sec.
  642.)
         Sec. 1055.002.  DEFECT IN PLEADING. A court may not
  invalidate a pleading in a guardianship matter, or an order based on
  the pleading, on the basis of a defect of form or substance in the
  pleading unless a timely objection has been made against the defect
  and the defect has been called to the attention of the court in
  which the proceeding was or is pending.  (Tex. Prob. Code, Sec.
  641.)
  [Sections 1055.003-1055.050 reserved for expansion]
  SUBCHAPTER B.  TRIAL AND HEARING
         Sec. 1055.051.  HEARING BY SUBMISSION. (a)  A court may
  consider by submission a motion or application filed under this
  title unless the proceeding is:
               (1)  contested; or
               (2)  an application for the appointment of a guardian.
         (b)  The party seeking relief under a motion or application
  being considered by the court on submission has the burden of proof
  at the hearing.
         (c)  The court may consider a person's failure to file a
  response to a motion or application that may be considered on
  submission as a representation that the person does not oppose the
  motion or application.
         (d)  A person's request for oral argument is not a response
  to a motion or application under this section.
         (e)  The court, on the court's own motion, may order oral
  argument on a motion or application that may be considered by
  submission.  (Tex. Prob. Code, Sec. 644.)
         Sec. 1055.052.  TRIAL BY JURY.  A party in a contested
  guardianship proceeding is entitled to a jury trial on request.  
  (Tex. Prob. Code, Sec. 643.)
  [Sections 1055.053-1055.100 reserved for expansion]
  SUBCHAPTER C. EVIDENCE
         Sec. 1055.101.  APPLICABILITY OF CERTAIN RULES RELATING TO
  WITNESSES AND EVIDENCE.  The rules relating to witnesses and
  evidence that apply in the district court apply in a guardianship
  proceeding to the extent practicable.  (Tex. Prob. Code, Sec. 649
  (part).)
         Sec. 1055.102.  USE OF CERTAIN RECORDS AS EVIDENCE.  The
  following are admissible as evidence in any court of this state:
               (1)  record books described by Sections 1052.001,
  1052.002, and 1052.003 and individual case files described by
  Section 1052.052, including records maintained in a manner allowed
  under Section 1052.004; and
               (2)  certified copies or reproductions of the records. (Tex. Prob. Code, Sec. 628.)
 
  CHAPTER 1056. EXECUTION, ATTACHMENT, AND BILL OF REVIEW
  SUBCHAPTER A. EXECUTION
  Sec. 1056.001.  EXECUTIONS IN GUARDIANSHIP MATTERS 
  [Sections 1056.002-1056.050 reserved for expansion]
  SUBCHAPTER B. ATTACHMENT OF ESTATE PROPERTY
  Sec. 1056.051.  ORDER FOR ISSUANCE OF WRIT OF
                   ATTACHMENT 
  Sec. 1056.052.  BOND 
  [Sections 1056.053-1056.100 reserved for expansion]
  SUBCHAPTER C. BILL OF REVIEW
  Sec. 1056.101.  REVISION AND CORRECTION OF ORDER OR
                   JUDGMENT IN GUARDIANSHIP PROCEEDING 
  Sec. 1056.102.  INJUNCTION 
  CHAPTER 1056. EXECUTION, ATTACHMENT, AND BILL OF REVIEW
  SUBCHAPTER A. EXECUTION
         Sec. 1056.001.  EXECUTIONS IN GUARDIANSHIP MATTERS. (a) An
  execution in a guardianship matter must be:
               (1)  directed "to any sheriff or any constable within
  the State of Texas";
               (2)  attested and signed by the clerk officially under
  court seal; and
               (3)  made returnable in 60 days.
         (b)  A proceeding under an execution in a guardianship matter
  is governed, to the extent applicable, by the laws regulating a
  proceeding under an execution issued by a district court.
         (c)  Notwithstanding Subsection (a), an execution directed
  to the sheriff or a constable of a specific county in this state may
  not be held defective if properly executed within that county by the
  sheriff or constable to whom the execution is directed. (Tex. Prob.
  Code, Sec. 653.)
  [Sections 1056.002-1056.050 reserved for expansion]
  SUBCHAPTER B. ATTACHMENT OF ESTATE PROPERTY
         Sec. 1056.051.  ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT.
  (a) If a person interested in the estate of an incapacitated person
  files with the judge a written complaint made under oath alleging
  that the guardian is about to remove the estate or a part of the
  estate outside of the state, the judge may order a writ of
  attachment to issue, directed "to any sheriff or any constable
  within the State of Texas." The writ must order the sheriff or
  constable to:
               (1)  seize the estate or a part of the estate; and
               (2)  hold that property subject to further court order.
         (b)  Notwithstanding Subsection (a), a writ of attachment
  directed to the sheriff or constable of a specific county in this
  state is not defective if the writ was properly executed within that
  county by the sheriff or constable to whom the writ is directed.
  (Tex. Prob. Code, Sec. 654 (part).)
         Sec. 1056.052.  BOND. Before a judge may issue a writ of
  attachment ordered under Section 1056.051, the complainant must
  execute a bond that is:
               (1)  payable to the guardian of the estate;
               (2)  in an amount set by the judge; and
               (3)  conditioned on the payment of all damages and
  costs that are recovered for a wrongful suit out of the writ. (Tex.
  Prob. Code, Sec. 654 (part).)
  [Sections 1056.053-1056.100 reserved for expansion]
  SUBCHAPTER C. BILL OF REVIEW
         Sec. 1056.101.  REVISION AND CORRECTION OF ORDER OR JUDGMENT
  IN GUARDIANSHIP PROCEEDING. (a) An interested person, including a
  ward, may, by a bill of review filed in the court in which the
  guardianship proceeding was held, have an order or judgment
  rendered by the court revised and corrected on a showing of error in
  the order or judgment.
         (b)  Except as provided by Subsection (c), a bill of review
  to revise and correct an order or judgment may not be filed more
  than two years after the date of the order or judgment.
         (c)  A bill of review to revise and correct an order or
  judgment filed by a person whose disability has been removed must be
  filed not later than the second anniversary of the date the person's
  disability was removed.  (Tex. Prob. Code, Sec. 657 (part).)
         Sec. 1056.102.  INJUNCTION. A process or action under a
  court order or judgment subject to a bill of review filed under
  Section 1056.101 may be stayed only by writ of injunction. (Tex. Prob. Code, Sec. 657 (part).)
 
  CHAPTER 1057. CHANGE AND RESIGNATION OF RESIDENT AGENT OF
  GUARDIAN FOR SERVICE OF PROCESS
  Sec. 1057.001.  CHANGE OF RESIDENT AGENT 
  Sec. 1057.002.  RESIGNATION OF RESIDENT AGENT 
  CHAPTER 1057. CHANGE AND RESIGNATION OF RESIDENT AGENT OF
  GUARDIAN FOR SERVICE OF PROCESS
         Sec. 1057.001.  CHANGE OF RESIDENT AGENT. (a)  A guardian
  may change the guardian's resident agent to accept service of
  process in a guardianship proceeding or other matter relating to
  the guardianship by filing with the court in which the guardianship
  proceeding is pending a statement titled "Designation of Successor
  Resident Agent" that states the names and addresses of:
               (1)  the guardian;
               (2)  the resident agent; and
               (3)  the successor resident agent.
         (b)  The designation of a successor resident agent takes
  effect on the date the statement is filed with the court. (Tex.
  Prob. Code, Sec. 760A.)
         Sec. 1057.002.  RESIGNATION OF RESIDENT AGENT. (a)  A
  resident agent of a guardian may resign as resident agent by giving
  notice to the guardian and filing with the court in which the
  guardianship proceeding is pending a statement titled "Resignation
  of Resident Agent" that states:
               (1)  the name of the guardian;
               (2)  the guardian's address most recently known by the
  resident agent;
               (3)  that notice of the resignation has been given to
  the guardian and the date that notice was given; and
               (4)  that the guardian does not have a resident agent.
         (b)  The resident agent shall send, by certified mail, return
  receipt requested, a copy of a resignation statement filed under
  Subsection (a) to:
               (1)  the guardian at the address most recently known by
  the resident agent; and
               (2)  each party in the case or the party's attorney or
  other designated representative of record.
         (c)  The resignation of the resident agent takes effect on
  the date the court enters an order accepting the resignation. A
  court may not enter an order accepting the resignation unless the
  resident agent complies with this section. (Tex. Prob. Code, Sec.
  760B.)
  [Chapters 1058-1100 reserved for expansion]
 
  CHAPTER 1101. GENERAL PROCEDURE TO APPOINT GUARDIAN
  SUBCHAPTER A. INITIATION OF PROCEEDING FOR APPOINTMENT OF GUARDIAN
  Sec. 1101.001.  APPLICATION FOR APPOINTMENT OF
                   GUARDIAN;  CONTENTS 
  [Sections 1101.002-1101.050 reserved for expansion]
  SUBCHAPTER B.  HEARING; JURY TRIAL
  Sec. 1101.051.  HEARING 
  Sec. 1101.052.  JURY TRIAL 
  Sec. 1101.053.  PROVISION OF RECORDS REQUIRED; USE OF
                   RECORDS 
  [Sections 1101.054-1101.100 reserved for expansion]
  SUBCHAPTER C. DETERMINATION OF NECESSITY OF GUARDIANSHIP; FINDINGS
  AND PROOF
  Sec. 1101.101.  FINDINGS AND PROOF REQUIRED 
  Sec. 1101.102.  DETERMINATION OF INCAPACITY OF CERTAIN
                   ADULTS: RECURRING ACTS OR OCCURRENCES 
  Sec. 1101.103.  DETERMINATION OF INCAPACITY OF CERTAIN
                   ADULTS: PHYSICIAN EXAMINATION 
  Sec. 1101.104.  EXAMINATIONS AND DOCUMENTATION
                   REGARDING MENTAL RETARDATION 
  Sec. 1101.105.  PROHIBITION AGAINST CONSIDERATION OF
                   AGE AS SOLE FACTOR IN APPOINTMENT OF
                   GUARDIAN FOR ADULTS 
  Sec. 1101.106.  EVIDENCE OF NECESSITY OF GUARDIANSHIP
                   TO RECEIVE GOVERNMENTAL FUNDS 
  [Sections 1101.107-1101.150 reserved for expansion]
  SUBCHAPTER D. COURT ACTION
  Sec. 1101.151.  ORDER APPOINTING GUARDIAN WITH FULL
                   AUTHORITY 
  Sec. 1101.152.  ORDER APPOINTING GUARDIAN WITH LIMITED
                   AUTHORITY 
  Sec. 1101.153.  GENERAL CONTENTS OF ORDER APPOINTING
                   GUARDIAN 
  Sec. 1101.154.  APPOINTMENT OF GUARDIAN OF ESTATE FOR
                   CERTAIN MINORS PROHIBITED 
  Sec. 1101.155.  DISMISSAL OF APPLICATION 
  CHAPTER 1101. GENERAL PROCEDURE TO APPOINT GUARDIAN
  SUBCHAPTER A. INITIATION OF PROCEEDING FOR APPOINTMENT OF GUARDIAN
         Sec. 1101.001.  APPLICATION FOR APPOINTMENT OF
  GUARDIAN;  CONTENTS. (a)  Any person may commence a proceeding for
  the appointment of a guardian by filing a written application in a
  court having jurisdiction and venue.  
         (b)  The application must be sworn to by the applicant and
  state:
               (1)  the proposed ward's name, sex, date of birth, and
  address;
               (2)  the name, relationship, and address of the person
  the applicant seeks to have appointed as guardian;
               (3)  whether guardianship of the person or estate, or
  both, is sought;
               (4)  the nature and degree of the alleged incapacity,
  the specific areas of protection and assistance requested, and the
  limitation or termination of rights requested to be included in the
  court's order of appointment, including a termination of:
                     (A)  the right of a proposed ward who is 18 years
  of age or older to vote in a public election; and
                     (B)  the proposed ward's eligibility to hold or
  obtain a license to operate a motor vehicle under Chapter 521,
  Transportation Code;
               (5)  the facts requiring the appointment of a guardian;
               (6)  the interest of the applicant in the appointment
  of a guardian;
               (7)  the nature and description of any kind of
  guardianship existing for the proposed ward in any other state;
               (8)  the name and address of any person or institution
  having the care and custody of the proposed ward;
               (9)  the approximate value and description of the
  proposed ward's property, including any compensation, pension,
  insurance, or allowance to which the proposed ward may be entitled;
               (10)  the name and address of any person whom the
  applicant knows to hold a power of attorney signed by the proposed
  ward and a description of the type of power of attorney;
               (11)  for a proposed ward who is a minor, the following
  information if known by the applicant:
                     (A)  the name of each of the proposed ward's
  parents and either the parent's address or that the parent is
  deceased;
                     (B)  the name and age of each of the proposed
  ward's siblings, if any, and either the sibling's address or that
  the sibling is deceased; and
                     (C)  if each of the proposed ward's parents and
  siblings are deceased, the names and addresses of the proposed
  ward's next of kin who are adults;
               (12)  for a proposed ward who is a minor, whether the
  minor was the subject of a legal or conservatorship proceeding in
  the preceding two years and, if so:
                     (A)  the court involved;
                     (B)  the nature of the proceeding; and
                     (C)  any final disposition of the proceeding;
               (13)  for a proposed ward who is an adult, the following
  information if known by the applicant:
                     (A)  the name of the proposed ward's spouse, if
  any, and either the spouse's address or that the spouse is deceased;
                     (B)  the name of each of the proposed ward's
  parents and either the parent's address or that the parent is
  deceased;
                     (C)  the name and age of each of the proposed
  ward's siblings, if any, and either the sibling's address or that
  the sibling is deceased;
                     (D)  the name and age of each of the proposed
  ward's children, if any, and either the child's address or that the
  child is deceased; and
                     (E)  if there is no living spouse, parent, adult
  sibling, or adult child of the proposed ward, the names and
  addresses of the proposed ward's next of kin who are adults;
               (14)  facts showing that the court has venue of the
  proceeding; and
               (15)  if applicable, that the person whom the applicant
  seeks to have appointed as a guardian is a private professional
  guardian who is certified under Subchapter C, Chapter 111,
  Government Code, and has complied with the requirements of
  Subchapter G, Chapter 1104. (Tex. Prob. Code, Sec. 682.)
  [Sections 1101.002-1101.050 reserved for expansion]
  SUBCHAPTER B.  HEARING; JURY TRIAL
         Sec. 1101.051.  HEARING. (a)  At a hearing for the
  appointment of a guardian, the court shall:
               (1)  inquire into the ability of any allegedly
  incapacitated adult to:
                     (A)  feed, clothe, and shelter himself or herself;
                     (B)  care for his or her own physical health; and
                     (C)  manage his or her property or financial
  affairs;
               (2)  ascertain the age of any proposed ward who is a
  minor;
               (3)  inquire into the governmental reports for any
  person who must have a guardian appointed to receive funds due the
  person from any governmental source; and
               (4)  inquire into the qualifications, abilities, and
  capabilities of the person seeking to be appointed guardian.
         (b)  A proposed ward must be present at the hearing unless
  the court, on the record or in the order, determines that a personal
  appearance is not necessary.
         (c)  The court may close the hearing at the request of the
  proposed ward or the proposed ward's counsel.  (Tex. Prob. Code,
  Secs. 685(a), (c).)
         Sec. 1101.052.  JURY TRIAL. A proposed ward is entitled to a
  jury trial on request.  (Tex. Prob. Code, Sec. 685(b).)
         Sec. 1101.053.  PROVISION OF RECORDS REQUIRED; USE OF
  RECORDS. (a) Before a hearing may be held for the appointment of a
  guardian, current and relevant medical, psychological, and
  intellectual testing records of the proposed ward must be provided
  to the attorney ad litem appointed to represent the proposed ward
  unless:
               (1)  the proposed ward is a minor or a person who must
  have a guardian appointed to receive funds due the person from any
  governmental source; or
               (2)  the court makes a finding on the record that:
                     (A)  current or relevant records do not exist; and
                     (B)  examining the proposed ward for the purpose
  of creating the records is impractical.
         (b)  Current medical, psychological, and intellectual
  testing records are a sufficient basis for a determination of
  guardianship.
         (c)  The findings and recommendations contained in the
  medical, psychological, and intellectual testing records are not
  binding on the court. (Tex. Prob. Code, Sec. 686.)
  [Sections 1101.054-1101.100 reserved for expansion]
  SUBCHAPTER C. DETERMINATION OF NECESSITY OF GUARDIANSHIP; FINDINGS
  AND PROOF
         Sec. 1101.101.  FINDINGS AND PROOF REQUIRED. (a)  Before
  appointing a guardian for a proposed ward, the court must:
               (1)  find by clear and convincing evidence that:
                     (A)  the proposed ward is an incapacitated person;
                     (B)  it is in the proposed ward's best interest to
  have the court appoint a person as the proposed ward's guardian; and
                     (C)  the proposed ward's rights or property will
  be protected by the appointment of a guardian; and
               (2)  find by a preponderance of the evidence that:
                     (A)  the court has venue of the case;
                     (B)  the person to be appointed guardian is
  eligible to act as guardian and is entitled to appointment, or, if
  no eligible person entitled to appointment applies, the person
  appointed is a proper person to act as guardian;
                     (C)  if a guardian is appointed for a minor, the
  guardianship is not created for the primary purpose of enabling the
  minor to establish residency for enrollment in a school or school
  district for which the minor is not otherwise eligible for
  enrollment; and
                     (D)  the proposed ward:
                           (i)  is totally without capacity as provided
  by this title to care for himself or herself and to manage his or her
  property; or
                           (ii)  lacks the capacity to do some, but not
  all, of the tasks necessary to care for himself or herself or to
  manage his or her property.
         (b)  The court may not grant an application to create a
  guardianship unless the applicant proves each element required by
  this title.  (Tex. Prob. Code, Secs. 684(a), (b), (c) (part).)
         Sec. 1101.102.  DETERMINATION OF INCAPACITY OF CERTAIN
  ADULTS: RECURRING ACTS OR OCCURRENCES. A determination of
  incapacity of an adult proposed ward, other than a person who must
  have a guardian appointed to receive funds due the person from any
  governmental source, must be evidenced by recurring acts or
  occurrences in the preceding six months and not by isolated
  instances of negligence or bad judgment.  (Tex. Prob. Code, Sec.
  684(c) (part).)
         Sec. 1101.103.  DETERMINATION OF INCAPACITY OF CERTAIN
  ADULTS: PHYSICIAN EXAMINATION. (a)  Except as provided by Section
  1101.104, the court may not grant an application to create a
  guardianship for an incapacitated person, other than a minor or
  person for whom it is necessary to have a guardian appointed only to
  receive funds from a governmental source, unless the applicant
  presents to the court a written letter or certificate from a
  physician licensed in this state that is:
               (1)  dated not earlier than the 120th day before the
  date the application is filed; and
               (2)  based on an examination the physician performed
  not earlier than the 120th day before the date the application is
  filed.
         (b)  The letter or certificate must:
               (1)  describe the nature, degree, and severity of the
  proposed ward's incapacity, including any functional deficits
  regarding the proposed ward's ability to:
                     (A)  handle business and managerial matters;
                     (B)  manage financial matters;
                     (C)  operate a motor vehicle;
                     (D)  make personal decisions regarding residence,
  voting, and marriage; and
                     (E)  consent to medical, dental, psychological,
  or psychiatric treatment;
               (2)  in providing a description under Subdivision (1)
  regarding the proposed ward's ability to operate a motor vehicle
  and make personal decisions regarding voting, state whether in the
  physician's opinion the proposed ward:
                     (A)  has the mental capacity to vote in a public
  election; and
                     (B)  has the ability to safely operate a motor
  vehicle;
               (3)  provide an evaluation of the proposed ward's
  physical condition and mental function and summarize the proposed
  ward's medical history if reasonably available;
               (4)  state how or in what manner the proposed ward's
  ability to make or communicate responsible decisions concerning
  himself or herself is affected by the proposed ward's physical or
  mental health, including the proposed ward's ability to:
                     (A)  understand or communicate;
                     (B)  recognize familiar objects and individuals;
                     (C)  perform simple calculations;
                     (D)  reason logically; and
                     (E)  administer to daily life activities;
               (5)  state whether any current medication affects the
  proposed ward's demeanor or the proposed ward's ability to
  participate fully in a court proceeding;
               (6)  describe the precise physical and mental
  conditions underlying a diagnosis of a mental disability, and state
  whether the proposed ward would benefit from supports and services
  that would allow the individual to live in the least restrictive
  setting; and
               (7)  include any other information required by the
  court.
         (c)  If the court determines it is necessary, the court may
  appoint the necessary physicians to examine the proposed ward. The
  court must make its determination with respect to the necessity for
  a physician's examination of the proposed ward at a hearing held for
  that purpose.  Not later than the fourth day before the date of the
  hearing, the applicant shall give to the proposed ward and the
  proposed ward's attorney ad litem written notice specifying the
  purpose and the date and time of the hearing.
         (d)  A physician who examines the proposed ward, other than a
  physician or psychologist who examines the proposed ward under
  Section 1101.104(2), shall make available for inspection by the
  attorney ad litem appointed to represent the proposed ward a
  written letter or certificate from the physician that complies with
  the requirements of Subsections (a) and (b).  (Tex. Prob. Code,
  Secs. 687(a), (b).)
         Sec. 1101.104.  EXAMINATIONS AND DOCUMENTATION REGARDING
  MENTAL RETARDATION.  If mental retardation is the basis of the
  proposed ward's alleged incapacity, the court may not grant an
  application to create a guardianship for the proposed ward unless
  the applicant presents to the court:
               (1)  a written letter or certificate that:
                     (A)  complies with Sections 1101.103(a) and (b);
  and
                     (B)  states that the physician has made a
  determination of mental retardation in accordance with Section
  593.005, Health and Safety Code; or
               (2)  both:
                     (A)  written documentation showing that, not
  earlier than 24 months before the hearing date, the proposed ward
  has been examined by a physician or psychologist licensed in this
  state or certified by the Department of Aging and Disability
  Services to perform the examination, in accordance with rules of
  the executive commissioner of the Health and Human Services
  Commission governing examinations of that kind; and
                     (B)  the physician's or psychologist's written
  findings and recommendations, including a statement as to whether
  the physician or psychologist has made a determination of mental
  retardation in accordance with Section 593.005, Health and Safety
  Code.  (Tex. Prob. Code, Sec. 687(c).)
         Sec. 1101.105.  PROHIBITION AGAINST CONSIDERATION OF AGE AS
  SOLE FACTOR IN APPOINTMENT OF GUARDIAN FOR ADULTS. In determining
  whether to appoint a guardian for an incapacitated person who is not
  a minor, the court may not use age as the sole factor.  (Tex. Prob.
  Code, Sec. 602 (part).)
         Sec. 1101.106.  EVIDENCE OF NECESSITY OF GUARDIANSHIP TO
  RECEIVE GOVERNMENTAL FUNDS. A certificate of the executive head or
  a representative of a bureau, department, or agency of the
  government, to the effect that the appointment of a guardian is a
  condition precedent to the payment of any funds due the proposed
  ward from that governmental entity, is prima facie evidence of the
  necessity for the appointment of a guardian.  (Tex. Prob. Code, Sec.
  684(e).)
  [Sections 1101.107-1101.150 reserved for expansion]
  SUBCHAPTER D. COURT ACTION
         Sec. 1101.151.  ORDER APPOINTING GUARDIAN WITH FULL
  AUTHORITY.  (a)  If it is found that the proposed ward is totally
  without capacity to care for himself or herself, manage his or her
  property, operate a motor vehicle, and vote in a  public election,
  the court may appoint a guardian of the proposed ward's person or
  estate, or both, with full authority over the incapacitated person
  except as provided by law.
         (b)  An order appointing a guardian under this section must
  contain findings of fact and specify:
               (1)  the information required by Section 1101.153(a);
               (2)  that the guardian has full authority over the
  incapacitated person;
               (3)  if necessary, the amount of funds from the corpus
  of the person's estate the court will allow the guardian to spend
  for the education and maintenance of the person under Subchapter A,
  Chapter 1156;
               (4)  whether the person is totally incapacitated
  because of a mental condition; and
               (5)  that the person does not have the capacity to
  operate a motor vehicle and to vote in a public election.  (Tex.
  Prob. Code, Sec. 693(a).)
         Sec. 1101.152.  ORDER APPOINTING GUARDIAN WITH LIMITED
  AUTHORITY.  (a)  If it is found that the proposed ward lacks the
  capacity to do some, but not all, of the tasks necessary to care for
  himself or herself or to manage his or her property, the court may
  appoint a guardian with limited powers and permit the proposed ward
  to care for himself or herself or to manage his or her property
  commensurate with the proposed ward's ability.
         (b)  An order appointing a guardian under this section must
  contain findings of fact and specify:
               (1)  the information required by Section 1101.153(a);
               (2)  the specific powers, limitations, or duties of the
  guardian with respect to the person's care or the management of the
  person's property by the guardian;
               (3)  if necessary, the amount of funds from the corpus
  of the person's estate the court will allow the guardian to spend
  for the education and maintenance of the person under Subchapter A,
  Chapter 1156; and
               (4)  whether the person is incapacitated because of a
  mental condition and, if so, whether the person retains the right to
  vote in a public election or maintains eligibility to hold or obtain
  a license to operate a motor vehicle under Chapter 521,
  Transportation Code.  (Tex. Prob. Code, Sec. 693(b).)
         Sec. 1101.153.  GENERAL CONTENTS OF ORDER APPOINTING
  GUARDIAN.  (a)  A court order appointing a guardian must specify:
               (1)  the name of the person appointed;
               (2)  the name of the ward;
               (3)  whether the guardian is of the person or estate of
  the ward, or both;
               (4)  the amount of any bond required;
               (5)  if it is a guardianship of the estate of the ward
  and the court considers an appraisal to be necessary, one, two, or
  three disinterested persons to appraise the estate and to return
  the appraisement to the court; and
               (6)  that the clerk will issue letters of guardianship
  to the person appointed when the person has qualified according to
  law.
         (b)  An order appointing a guardian may not duplicate or
  conflict with the powers and duties of any other guardian.
         (c)  An order appointing a guardian or a successor guardian
  may specify as authorized by Section 1202.001(c) a period during
  which a petition for adjudication that the ward no longer requires
  the guardianship may not be filed without special leave. (Tex.
  Prob. Code, Secs. 693(c), (d), (e).)
         Sec. 1101.154.  APPOINTMENT OF GUARDIAN OF ESTATE FOR
  CERTAIN MINORS PROHIBITED.  A court may not appoint a guardian of
  the estate of a minor when a payment of claims is made under Chapter
  1355.  (Tex. Prob. Code, Sec. 684(d).)
         Sec. 1101.155.  DISMISSAL OF APPLICATION.   If it is found
  that a proposed ward who is an adult possesses the capacity to care
  for himself or herself and manage his or her property as would a
  reasonably prudent person, the court shall dismiss an application for guardianship. (Tex. Prob. Code, Sec. 692.)
 
  CHAPTER 1102. COURT-INITIATED PROCEDURE TO APPOINT GUARDIAN
  Sec. 1102.001.  COURT-INITIATED INVESTIGATION 
  Sec. 1102.002.  ESTABLISHMENT OF PROBABLE CAUSE FOR
                   INVESTIGATION 
  Sec. 1102.003.  INFORMATION LETTER 
  Sec. 1102.004.  APPLICATION FOR GUARDIANSHIP FOLLOWING
                   INVESTIGATION 
  Sec. 1102.005.  COMPENSATION OF GUARDIAN AD LITEM 
  CHAPTER 1102. COURT-INITIATED PROCEDURE TO APPOINT GUARDIAN
         Sec. 1102.001.  COURT-INITIATED INVESTIGATION.  If a court
  has probable cause to believe that a person domiciled or found in
  the county in which the court is located is an incapacitated person,
  and the person does not have a guardian in this state, the court
  shall appoint a guardian ad litem or court investigator to
  investigate the person's conditions and circumstances to determine
  whether:
               (1)  the person is an incapacitated person; and
               (2)  a guardianship is necessary.  (Tex. Prob. Code,
  Sec. 683(a) (part).)
         Sec. 1102.002.  ESTABLISHMENT OF PROBABLE CAUSE FOR
  INVESTIGATION.  To establish probable cause under Section 1102.001,
  the court may require:
               (1)  an information letter about the person believed to
  be incapacitated that is submitted by an interested person and
  satisfies the requirements of Section 1102.003; or
               (2)  a written letter or certificate from a physician
  who has examined the person believed to be incapacitated that
  satisfies the requirements of Section 1101.103, except that the
  letter must be:
                     (A)  dated not earlier than the 120th day before
  the date of the appointment of a guardian ad litem or court
  investigator under Section 1102.001; and
                     (B)  based on an examination the physician
  performed not earlier than the 120th day before that date.  (Tex.
  Prob. Code, Sec. 683(b).)
         Sec. 1102.003.  INFORMATION LETTER. An information letter
  under Section 1102.002(1) about a person believed to be
  incapacitated may:
               (1)  include the person's name, address, telephone
  number, county of residence, and date of birth;
               (2)  state whether the person's residence is a private
  residence, health care facility, or other type of residence;
               (3)  describe the relationship between the person and
  the interested person submitting the letter;
               (4)  contain the names and telephone numbers of any
  known friends and relatives of the person;
               (5)  state whether a guardian of the person or estate
  has been appointed in this state for the person;
               (6)  state whether the person has executed a power of
  attorney and, if so, the designee's name, address, and telephone
  number;
               (7)  describe any property of the person, including the
  estimated value of that property;
               (8)  list the amount and source of any monthly income of
  the person;
               (9)  describe the nature and degree of the person's
  alleged incapacity; and
               (10)  state whether the person is in imminent danger of
  serious impairment to the person's physical health, safety, or
  estate.  (Tex. Prob. Code, Sec. 683A.)
         Sec. 1102.004.  APPLICATION FOR GUARDIANSHIP FOLLOWING
  INVESTIGATION.  A guardian ad litem or court investigator who,
  after an investigation as prescribed by Section 1102.001, believes
  that the person is an incapacitated person and that a guardianship
  is necessary shall file an application for the appointment of a
  guardian of the person or estate, or both, for the person.  (Tex.
  Prob. Code, Sec. 683(a) (part).)
         Sec. 1102.005.  COMPENSATION OF GUARDIAN AD LITEM. (a)  A
  court that appoints a guardian ad litem under Section 1102.001 may
  authorize compensation of the guardian ad litem from available
  funds of the proposed ward's estate, regardless of whether a
  guardianship is created for the proposed ward.
         (b)  After examining the ward's or proposed ward's assets and
  determining that the ward or proposed ward is unable to pay for
  services provided by the guardian ad litem, the court may authorize
  compensation from the county treasury.  (Tex. Prob. Code, Sec. 683(c).)
 
  CHAPTER 1103. PROCEDURE TO APPOINT GUARDIAN FOR CERTAIN MINORS
  REQUIRING GUARDIANSHIPS AS ADULTS
  Sec. 1103.001.  APPLICATION FOR APPOINTMENT OF GUARDIAN 
  Sec. 1103.002.  APPOINTMENT OF CONSERVATOR AS GUARDIAN
                   WITHOUT HEARING 
  Sec. 1103.003.  EFFECTIVE DATE OF GUARDIANSHIP 
  Sec. 1103.004.  SETTLEMENT AND CLOSING OF PRIOR
                   GUARDIANSHIP 
  CHAPTER 1103. PROCEDURE TO APPOINT GUARDIAN FOR CERTAIN MINORS
  REQUIRING GUARDIANSHIPS AS ADULTS
         Sec. 1103.001.  APPLICATION FOR APPOINTMENT OF GUARDIAN.
  Not earlier than the 180th day before the proposed ward's 18th
  birthday, a person may file an application under Section 1101.001
  for the appointment of a guardian of the person or estate, or both,
  of a proposed ward who:
               (1)  is a minor; and
               (2)  because of incapacity will require a guardianship
  after the proposed ward is no longer a minor. (Tex. Prob. Code, Sec.
  682A(a) (part).)
         Sec. 1103.002.  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 for whom a court obtains jurisdiction under Section 606(k),
  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 under Section 606(k). (Tex. Prob. Code, Secs.
  682A(a-1), (a-2).)
         Sec. 1103.003.  EFFECTIVE DATE OF GUARDIANSHIP. If the
  application filed under Section 1103.001 is heard before the
  proposed ward's 18th birthday, a guardianship created under this
  chapter may not take effect and the person appointed guardian may
  not take the oath as required under Section 1105.051 or give a bond
  as required under Section 1105.101 until the proposed ward's 18th
  birthday.  (Tex. Prob. Code, Sec. 682A(a) (part).)
         Sec. 1103.004.  SETTLEMENT AND CLOSING OF PRIOR
  GUARDIANSHIP.  Notwithstanding Section 1202.001(b), the
  guardianship of the person of a minor who is the subject of an
  application for the appointment of a guardian of the person filed
  under Section 1103.001 is settled and closed when:
               (1)  the court, after a hearing on the application,
  determines that the appointment of a guardian of the person for the
  proposed ward is not necessary; or
               (2)  the guardian appointed by the court, after a
  hearing on the application, has qualified under Section 1105.002. (Tex. Prob. Code, Sec. 682A(b).)
 
  CHAPTER 1104. SELECTION OF AND ELIGIBILITY TO SERVE AS GUARDIAN
  SUBCHAPTER A. GENERAL PROVISIONS RELATING TO APPOINTMENT OF
  GUARDIAN
  Sec. 1104.001.  GUARDIAN OF THE PERSON OR ESTATE 
  Sec. 1104.002.  PREFERENCE OF INCAPACITATED PERSON 
  [Sections 1104.003-1104.050 reserved for expansion]
  SUBCHAPTER B. SELECTION OF GUARDIAN FOR MINOR
  Sec. 1104.051.  GUARDIAN OF MINOR CHILDREN 
  Sec. 1104.052.  GUARDIAN FOR MINOR ORPHAN 
  Sec. 1104.053.  GUARDIAN DESIGNATED BY WILL OR WRITTEN
                   DECLARATION 
  Sec. 1104.054.  SELECTION OF GUARDIAN BY MINOR 
  [Sections 1104.055-1104.100 reserved for expansion]
  SUBCHAPTER C. SELECTION OF GUARDIAN FOR INCAPACITATED PERSON OTHER
  THAN MINOR
  Sec. 1104.101.  APPOINTMENT ACCORDING TO CIRCUMSTANCES
                   AND BEST INTERESTS 
  Sec. 1104.102.  APPOINTMENT PREFERENCES 
  Sec. 1104.103.  DESIGNATION OF GUARDIAN BY WILL OR
                   WRITTEN DECLARATION 
  [Sections 1104.104-1104.150 reserved for expansion]
  SUBCHAPTER D. WRITTEN DECLARATION BY CERTAIN PARENTS TO APPOINT
  GUARDIAN FOR THEIR CHILDREN
  Sec. 1104.151.  DEFINITIONS 
  Sec. 1104.152.  REQUIREMENTS FOR DECLARATION 
  Sec. 1104.153.  FORM AND CONTENT OF DECLARATION AND
                   SELF-PROVING AFFIDAVIT 
  Sec. 1104.154.  ALTERNATIVE TO SELF-PROVING AFFIDAVIT 
  Sec. 1104.155.  ALTERNATE SELF-PROVING OF DECLARATION 
  Sec. 1104.156.  FILING OF DECLARATION AND SELF-PROVING
                   AFFIDAVIT 
  Sec. 1104.157.  PROOF OF DECLARATION 
  Sec. 1104.158.  PRIMA FACIE EVIDENCE 
  Sec. 1104.159.  REVOCATION OF DECLARATION 
  Sec. 1104.160.  ALTERNATE OR OTHER COURT-APPOINTED
                   GUARDIAN 
  [Sections 1104.161-1104.200 reserved for expansion]
  SUBCHAPTER E. WRITTEN DECLARATION TO DESIGNATE GUARDIAN BEFORE
  NEED ARISES
  Sec. 1104.201.  DEFINITIONS 
  Sec. 1104.202.  DESIGNATION OF GUARDIAN FOR DECLARANT 
  Sec. 1104.203.  REQUIREMENTS FOR DECLARATION 
  Sec. 1104.204.  FORM AND CONTENT OF DECLARATION AND
                   SELF-PROVING AFFIDAVIT 
  Sec. 1104.205.  ALTERNATIVE TO SELF-PROVING AFFIDAVIT 
  Sec. 1104.206.  ALTERNATE SELF-PROVING OF DECLARATION 
  Sec. 1104.207.  FILING OF DECLARATION AND SELF-PROVING
                   AFFIDAVIT 
  Sec. 1104.208.  PROOF OF DECLARATION 
  Sec. 1104.209.  PRIMA FACIE EVIDENCE 
  Sec. 1104.210.  REVOCATION OF DECLARATION 
  Sec. 1104.211.  EFFECT OF DIVORCE ON DESIGNATION OF
                   SPOUSE 
  Sec. 1104.212.  ALTERNATE OR OTHER COURT-APPOINTED
                   GUARDIAN 
  [Sections 1104.213-1104.250 reserved for expansion]
  SUBCHAPTER F. CERTIFICATION REQUIREMENTS
  FOR CERTAIN GUARDIANS
  Sec. 1104.251.  CERTIFICATION REQUIRED FOR CERTAIN
                   GUARDIANS 
  Sec. 1104.252.  EFFECT OF PROVISIONAL CERTIFICATE 
  Sec. 1104.253.  EXCEPTION FOR FAMILY MEMBERS AND
                   FRIENDS 
  Sec. 1104.254.  EXCEPTION FOR CERTAIN VOLUNTEERS 
  Sec. 1104.255.  EXPIRATION OF CERTIFICATION 
  Sec. 1104.256.  FAILURE TO COMPLY; COURT'S DUTY TO
                   NOTIFY 
  Sec. 1104.257.  INFORMATION REGARDING SERVICES PROVIDED
                   BY GUARDIANSHIP PROGRAM 
  Sec. 1104.258.  INFORMATION REGARDING CERTAIN STATE
                   EMPLOYEES PROVIDING GUARDIANSHIP
                   SERVICES 
  [Sections 1104.259-1104.300 reserved for expansion]
  SUBCHAPTER G. PRIVATE PROFESSIONAL GUARDIANS
  Sec. 1104.301.  CERTIFICATION AND REGISTRATION REQUIRED 
  Sec. 1104.302.  ANNUAL CERTIFICATE OF REGISTRATION 
  Sec. 1104.303.  REQUIREMENTS OF APPLICATION 
  Sec. 1104.304.  TERM OF REGISTRATION; RENEWAL 
  Sec. 1104.305.  USE OF REGISTRATION INFORMATION 
  Sec. 1104.306.  USE OF NAMES AND BUSINESS ADDRESSES 
  [Sections 1104.307-1104.350 reserved for expansion]
  SUBCHAPTER H. GROUNDS FOR DISQUALIFICATION
  Sec. 1104.351.  INCAPACITY OR INEXPERIENCE 
  Sec. 1104.352.  UNSUITABILITY 
  Sec. 1104.353.  NOTORIOUSLY BAD CONDUCT; PRESUMPTION
                   CONCERNING BEST INTEREST 
  Sec. 1104.354.  CONFLICT OF INTEREST 
  Sec. 1104.355.  DISQUALIFIED IN DECLARATION 
  Sec. 1104.356.  LACK OF CERTAIN REQUIRED CERTIFICATION 
  Sec. 1104.357.  NONRESIDENT WITHOUT RESIDENT AGENT 
  [Sections 1104.358-1104.400 reserved for expansion]
  SUBCHAPTER I. ACCESS TO CRIMINAL HISTORY RECORDS
  Sec. 1104.401.  DEFINITION 
  Sec. 1104.402.  COURT CLERK'S DUTY TO OBTAIN CRIMINAL
                   HISTORY RECORD INFORMATION; AUTHORITY
                   TO CHARGE FEE 
  Sec. 1104.403.  SUBMISSION OF CRIMINAL HISTORY RECORD
                   INFORMATION BY PROPOSED GUARDIAN 
  Sec. 1104.404.  EXCEPTION FOR INFORMATION CONCERNING
                   CERTAIN PERSONS HOLDING A CERTIFICATE 
  Sec. 1104.405.  INFORMATION FOR EXCLUSIVE USE OF COURT 
  Sec. 1104.406.  DEPARTMENT'S DUTY TO OBTAIN CRIMINAL
                   HISTORY RECORD INFORMATION 
  Sec. 1104.407.  DUTY TO PROVIDE INFORMATION ON REQUEST 
  Sec. 1104.408.  INFORMATION FOR EXCLUSIVE USE OF COURT
                   OR GUARDIANSHIP CERTIFICATION BOARD 
  Sec. 1104.409.  USE OF INFORMATION BY COURT 
  Sec. 1104.410.  USE OF INFORMATION BY GUARDIANSHIP
                   CERTIFICATION BOARD 
  Sec. 1104.411.  CRIMINAL OFFENSE FOR UNAUTHORIZED
                   RELEASE OR DISCLOSURE 
  Sec. 1104.412.  EFFECT OF SUBCHAPTER ON DEPARTMENT'S
                   AUTHORITY TO OBTAIN OR USE
                   INFORMATION 
  CHAPTER 1104. SELECTION OF AND ELIGIBILITY TO SERVE AS GUARDIAN
  SUBCHAPTER A. GENERAL PROVISIONS RELATING TO APPOINTMENT OF
  GUARDIAN
         Sec. 1104.001.  GUARDIAN OF THE PERSON OR ESTATE. (a)  Only
  one person may be appointed as guardian of the person or estate, but
  one person may be appointed guardian of the person and another
  person may be appointed guardian of the estate, if it is in the best
  interest of the incapacitated person or ward.
         (b)  Subsection (a) does not prohibit the joint appointment,
  if the court finds it to be in the best interest of the
  incapacitated person or ward, of:
               (1)  a husband and wife;
               (2)  joint managing conservators;
               (3)  co-guardians appointed under the laws of a
  jurisdiction other than this state; or
               (4)  both parents of an adult who is incapacitated if
  the incapacitated person:
                     (A)  has not been the subject of a suit affecting
  the parent-child relationship; or
                     (B)  has been the subject of a suit affecting the
  parent-child relationship and both of the incapacitated person's
  parents were named as joint managing conservators in the suit but
  are no longer serving in that capacity. (Tex. Prob. Code, Sec.
  690.)
         Sec. 1104.002.  PREFERENCE OF INCAPACITATED PERSON. Before
  appointing a guardian, the court shall make a reasonable effort to
  consider the incapacitated person's preference of the person to be
  appointed guardian and, to the extent consistent with other
  provisions of this title, shall give due consideration to the
  preference indicated by the incapacitated person. (Tex. Prob.
  Code, Sec. 689.)
  [Sections 1104.003-1104.050 reserved for expansion]
  SUBCHAPTER B. SELECTION OF GUARDIAN FOR MINOR
         Sec. 1104.051.  GUARDIAN OF MINOR CHILDREN. (a) If the
  parents live together, both parents are the natural guardians of
  the person of the minor children by the marriage, and one of the
  parents is entitled to be appointed guardian of the children's
  estates.  If the parents disagree as to which parent should be
  appointed, the court shall make the appointment on the basis of
  which parent is better qualified to serve in that capacity.
         (b)  The rights of parents who do not live together are
  equal. The court shall assign the guardianship of their minor
  children to one parent considering only the best interests of the
  children.
         (c)  If one parent is deceased, the surviving parent is the
  natural guardian of the person of the minor children and is entitled
  to be appointed guardian of the minor children's estates. (Tex.
  Prob. Code, Sec. 676(b).)
         Sec. 1104.052.  GUARDIAN FOR MINOR ORPHAN. In appointing a
  guardian for a minor orphan:
               (1)  if the last surviving parent did not appoint a
  guardian, the nearest ascendant in the direct line of the minor is
  entitled to guardianship of both the person and the estate of the
  minor;
               (2)  if more than one ascendant exists in the same
  degree in the direct line of the minor, the court shall appoint one
  ascendant according to circumstances and considering the minor's
  best interests;
               (3)  if the minor does not have an ascendant in the
  direct line of the minor:
                     (A)  the court shall appoint the nearest of kin;
  or
                     (B)  if two or more persons are in the same degree
  of kinship to the minor, the court shall appoint one of those
  persons according to circumstances and considering the minor's best
  interests; and
               (4)  if the minor does not have a relative who is
  eligible to be guardian, or if none of the eligible persons apply to
  be guardian, the court shall appoint a qualified person as
  guardian. (Tex. Prob. Code, Sec. 676(c).)
         Sec. 1104.053.  GUARDIAN DESIGNATED BY WILL OR WRITTEN
  DECLARATION. (a) Notwithstanding Section 1104.001 or 1104.051,
  the surviving parent of a minor may by will or written declaration
  appoint any eligible person to be guardian of the person of the
  parent's minor children after the parent dies or in the event of the
  parent's incapacity.
         (b)  After the surviving parent of a minor dies or if the
  court finds the surviving parent is an incapacitated person, the
  court shall appoint the person designated in the will or
  declaration to serve as guardian of the person of the parent's minor
  children in preference to another otherwise entitled to serve as
  guardian under this title, unless the court finds that the person
  designated to serve as guardian:
               (1)  is disqualified;
               (2)  is deceased;
               (3)  refuses to serve; or
               (4)  would not serve the minor children's best
  interests.
         (c)  On compliance with this title, an eligible person is
  also entitled to be appointed guardian of the minor children's
  estates after the surviving parent dies or in the event of the
  surviving parent's incapacity. (Tex. Prob. Code, Secs. 676(d),
  (e), (f).)
         Sec. 1104.054.  SELECTION OF GUARDIAN BY MINOR. (a)
  Notwithstanding any other provision of this subchapter, if an
  application is filed for the guardianship of the person or estate,
  or both, of a minor at least 12 years of age, the minor may select
  the guardian by a writing filed with the clerk, if the court finds
  that the selection is in the minor's best interest and approves the
  selection.
         (b)  Notwithstanding any other provision of this subchapter,
  a minor at least 12 years of age may select another guardian of the
  minor's person or estate, or both, if the minor has a guardian
  appointed by the court, by will of the minor's parent, or by written
  declaration of the minor's parent, and that guardian dies, resigns,
  or is removed from guardianship. The minor must make the selection
  by filing an application in open court in person or by an attorney.
  The court shall make the appointment and revoke the letters of
  guardianship of the former guardian if the court is satisfied that:
               (1)  the person selected is suitable and competent; and
               (2)  the appointment of the person is in the minor's
  best interest. (Tex. Prob. Code, Secs. 676(a), 680.)
  [Sections 1104.055-1104.100 reserved for expansion]
  SUBCHAPTER C. SELECTION OF GUARDIAN FOR INCAPACITATED PERSON OTHER
  THAN MINOR
         Sec. 1104.101.  APPOINTMENT ACCORDING TO CIRCUMSTANCES AND
  BEST INTERESTS. The court shall appoint a guardian for an
  incapacitated person other than a minor according to the
  circumstances and considering the incapacitated person's best
  interests. (Tex. Prob. Code, Sec. 677(a) (part).)
         Sec. 1104.102.  APPOINTMENT PREFERENCES. If the court finds
  that two or more eligible persons are equally entitled to be
  appointed guardian of an incapacitated person:
               (1)  the incapacitated person's spouse is entitled to
  the guardianship in preference to any other person, if the spouse is
  one of the eligible persons;
               (2)  the eligible person nearest of kin to the
  incapacitated person is entitled to the guardianship, if the
  incapacitated person's spouse is not one of the eligible persons;
  or
               (3)  the court shall appoint the eligible person who is
  best qualified to serve as guardian if:
                     (A)  the persons entitled to serve under
  Subdivisions (1) and (2) refuse to serve;
                     (B)  two or more persons entitled to serve under
  Subdivision (2) are related in the same degree of kinship to the
  incapacitated person; or
                     (C)  neither the incapacitated person's spouse
  nor any person related to the incapacitated person is an eligible
  person. (Tex. Prob. Code, Sec. 677(a) (part).)
         Sec. 1104.103.  DESIGNATION OF GUARDIAN BY WILL OR WRITTEN
  DECLARATION. (a) The surviving parent of an adult individual who is
  an incapacitated person may, if the parent is the guardian of the
  person of the adult individual, by will or written declaration
  appoint an eligible person to serve as guardian of the person of the
  adult individual after the parent dies or in the event of the
  parent's incapacity.
         (b)  After the surviving parent dies or if the court finds
  the surviving parent has become an incapacitated person after being
  appointed the adult individual's guardian, the court shall appoint
  the person designated in the will or declaration to serve as
  guardian in preference to any other person otherwise entitled to
  serve as guardian under this title, unless the court finds that the
  person designated to serve as guardian:
               (1)  is disqualified;
               (2)  is deceased;
               (3)  refuses to serve; or
               (4)  would not serve the adult individual's best
  interests.
         (c)  On compliance with this title, the eligible person
  appointed under Subsection (b) is also entitled to be appointed
  guardian of the estate of the adult individual after the surviving
  parent dies or in the event of the surviving parent's incapacity, if
  the surviving parent is the guardian of the estate of the adult
  individual. (Tex. Prob. Code, Secs. 677(b), (c), (d).)
  [Sections 1104.104-1104.150 reserved for expansion]
  SUBCHAPTER D. WRITTEN DECLARATION BY CERTAIN PARENTS TO APPOINT
  GUARDIAN FOR THEIR CHILDREN
         Sec. 1104.151.  DEFINITIONS. In this subchapter:
               (1)  "Declaration" means a written declaration of a
  person that:
                     (A)  appoints a guardian for the person's child
  under Section 1104.053(a) or 1104.103(a); and
                     (B)  satisfies the requirements of this
  subdivision and Sections 1104.152, 1104.153, 1104.154, 1104.156,
  1104.159, and 1104.160.
               (2)  "Self-proving affidavit" means an affidavit the
  form and content of which substantially comply with the
  requirements of Section 1104.153.
               (3)  "Self-proving declaration" includes a
  self-proving affidavit that is attached or annexed to a
  declaration. (Tex. Prob. Code, Secs. 677A(h), 677B(a).)
         Sec. 1104.152.  REQUIREMENTS FOR DECLARATION. (a) A
  declaration appointing an eligible person to be guardian of the
  person of a parent's child under Section 1104.053(a) or 1104.103(a)
  must be signed by the declarant and be:
               (1)  written wholly in the declarant's handwriting; or
               (2)  attested to in the declarant's presence by at least
  two credible witnesses who are:
                     (A)  14 years of age or older; and
                     (B)  not named as guardian or alternate guardian
  in the declaration.
         (b)  Notwithstanding Subsection (a), a declaration that is
  not written wholly in the declarant's handwriting may be signed by
  another person for the declarant under the direction of and in the
  presence of the declarant.
         (c)  A declaration described by Subsection (a)(2) may have
  attached a self-proving affidavit signed by the declarant and the
  witnesses attesting to:
               (1)  the competence of the declarant; and
               (2)  the execution of the declaration. (Tex. Prob.
  Code, Secs. 677A(a), (b), (c).)
         Sec. 1104.153.  FORM AND CONTENT OF DECLARATION AND
  SELF-PROVING AFFIDAVIT. (a) A declaration and affidavit may be in
  any form adequate to clearly indicate the declarant's intention to
  designate a guardian for the declarant's child.
         (b)  The following form may be used but is not required to be
  used:
  DECLARATION OF APPOINTMENT OF GUARDIAN FOR MY CHILDREN
  IN THE EVENT OF MY DEATH OR INCAPACITY
         I, __________, make this Declaration to appoint as guardian
  for my child or children, listed as follows, in the event of my
  death or incapacity:
  ____________________________________________________________
  ____________________________________________________________
  ____________________________________________________________
  (add blanks as appropriate)
         I designate __________ to serve as guardian of the person of
  my (child or children), __________ as first alternate guardian of
  the person of my (child or children), __________ as second
  alternate guardian of the person of my (child or children), and
  __________ as third alternate guardian of the person of my (child or
  children).
         I direct that the guardian of the person of my (child or
  children) serve (with or without) bond.
         (If applicable) I designate __________ to serve as guardian
  of the estate of my (child or children), __________ as first
  alternate guardian of the estate of my (child or children),
  __________ as second alternate guardian of the estate of my (child
  or children), and __________ as third alternate guardian of the
  estate of my (child or children).
         If any guardian or alternate guardian dies, does not qualify,
  or resigns, the next named alternate guardian becomes guardian of
  my (child or children).
         Signed this __________ day of __________, 20__.
  ______________________________
  Declarant
  ____________________________________________________________
  Witness                            Witness
  SELF-PROVING AFFIDAVIT
         Before me, the undersigned authority, on this date personally
  appeared __________, the declarant, and __________ and __________
  as witnesses, and all being duly sworn, the declarant said that the
  above instrument was his or her Declaration of Appointment of
  Guardian for the Declarant's Children in the Event of Declarant's
  Death or Incapacity and that the declarant had made and executed it
  for the purposes expressed in the declaration. The witnesses
  declared to me that they are each 14 years of age or older, that they
  saw the declarant sign the declaration, that they signed the
  declaration as witnesses, and that the declarant appeared to them
  to be of sound mind.
  ______________________________
  Declarant
  ____________________________________________________________
  Affiant                            Affiant
         Subscribed and sworn to before me by __________, the above
  named declarant, and __________ (names of affiants) affiants, on
  this ___ day of __________, 20__.
                                             ___________________________
                                             Notary Public in and for the
                                             State of Texas
                                             My Commission expires:
                                             ___________________________
  (Tex. Prob. Code, Sec. 677A(g).)
         Sec. 1104.154.  ALTERNATIVE TO SELF-PROVING AFFIDAVIT. (a)
  As an alternative to the self-proving affidavit authorized by
  Section 1104.153, a declaration of appointment of a guardian for
  the declarant's children in the event of the declarant's death or
  incapacity may be simultaneously executed, attested, and made
  self-proved by including the following in substantially the same
  form and with substantially the same contents:
         I, _________________________, as declarant, after being duly
  sworn, declare to the undersigned witnesses and to the undersigned
  authority that this instrument is my Declaration of Appointment of
  Guardian for My Children in the Event of My Death or Incapacity, and
  that I have made and executed it for the purposes expressed in the
  declaration. I now sign this declaration in the presence of the
  attesting witnesses and the undersigned authority on this ____ day
  of ________, 20__.
                                             ___________________________
                                             Declarant
         The undersigned, _____________________ and
  ___________________, each being 14 years of age or older, after
  being duly sworn, declare to the declarant and to the undersigned
  authority that the declarant declared to us that this instrument is
  the declarant's Declaration of Appointment of Guardian for the
  Declarant's Children in the Event of Declarant's Death or
  Incapacity and that the declarant executed it for the purposes
  expressed in the declaration. The declarant then signed this
  declaration and we believe the declarant to be of sound mind. We now
  sign our names as attesting witnesses on this _____ day of
  ___________, 20___.
                                             ___________________________
                                             Witness
                                             ___________________________
                                             Witness
         Subscribed and sworn to before me by the above named
  declarant, and affiants, this ____ day of __________________, 20__.
                                             ___________________________
                                             Notary Public in and for the
                                             State of Texas
                                             My Commission expires:
                                             ___________________________
         (b)  A declaration that is executed as provided by Subsection
  (a) is considered self-proved to the same extent a declaration
  executed with a self-proving affidavit under Section 1104.153 is
  considered self-proved. (Tex. Prob. Code, Secs. 677A(i), (j).)
         Sec. 1104.155.  ALTERNATE SELF-PROVING OF DECLARATION.  At
  any time during the declarant's lifetime, a declaration described
  by Section 1104.152(a)(1) may be made self-proved in the same form
  and manner that a will written wholly in the testator's handwriting
  is made self-proved under Section 251.107. (Tex. Prob. Code, Sec.
  677B(c).)
         Sec. 1104.156.  FILING OF DECLARATION AND SELF-PROVING
  AFFIDAVIT. The declaration and any self-proving affidavit may be
  filed with the court at any time after the application for
  appointment of a guardian is filed and before a guardian is
  appointed. (Tex. Prob. Code, Sec. 677A(d).)
         Sec. 1104.157.  PROOF OF DECLARATION. (a) The court may
  admit a declaration that is self-proved into evidence without the
  testimony of witnesses attesting to the competency of the declarant
  and the execution of the declaration. Additional proof of the
  execution of the declaration with the formalities and solemnities
  and under the circumstances required to make it a valid declaration
  is not necessary.
         (b)  A declaration described by Section 1104.152(a)(1) that
  is not self-proved may be proved in the same manner that a will
  written wholly in the testator's handwriting is proved under
  Section 256.154.
         (c)  A declaration described by Section 1104.152(a)(2) that
  is not self-proved may be proved in the same manner that an attested
  written will produced in court is proved under Section 256.153.
  (Tex. Prob. Code, Secs. 677B(b), (e), (f).)
         Sec. 1104.158.  PRIMA FACIE EVIDENCE. A properly executed
  and witnessed self-proving declaration, including a declaration
  and self-proving affidavit described by Section 1104.152(c), is
  prima facie evidence that:
               (1)  the declarant was competent at the time the
  declarant executed the declaration; and
               (2)  the guardian named in the declaration would serve
  the best interests of the ward or incapacitated person. (Tex. Prob.
  Code, Sec. 677B(d).)
         Sec. 1104.159.  REVOCATION OF DECLARATION. The declarant
  may revoke a declaration in any manner provided for the revocation
  of a will under Section 253.002, including the subsequent
  re-execution of the declaration in the manner required for the
  original declaration. (Tex. Prob. Code, Sec. 677A(f).)
         Sec. 1104.160.  ALTERNATE OR OTHER COURT-APPOINTED
  GUARDIAN. (a)  The court shall appoint the next eligible designated
  alternate guardian named in a declaration if the designated
  guardian does not qualify, is deceased, refuses to serve, resigns,
  or dies after being appointed guardian, or is otherwise unavailable
  to serve as guardian.
         (b)  The court shall appoint another person to serve as
  guardian as otherwise provided by this title if the designated
  guardian and all designated alternate guardians named in the
  declaration:
               (1)  do not qualify;
               (2)  are deceased;
               (3)  refuse to serve; or
               (4)  later die or resign. (Tex. Prob. Code, Sec.
  677A(e).)
  [Sections 1104.161-1104.200 reserved for expansion]
  SUBCHAPTER E. WRITTEN DECLARATION TO DESIGNATE GUARDIAN BEFORE
  NEED ARISES
         Sec. 1104.201.  DEFINITIONS. In this subchapter:
               (1)  "Declaration" means a written declaration of a
  person that:
                     (A)  designates another person to serve as a
  guardian of the person or estate of the declarant; and
                     (B)  satisfies the requirements of this
  subdivision and Sections 1104.202, 1104.203, 1104.204, 1104.205,
  1104.207, 1104.210, 1104.211, and 1104.212.
               (2)  "Self-proving affidavit" means an affidavit the
  form and content of which substantially comply with the
  requirements of Section 1104.204.
               (3)  "Self-proving declaration" includes a
  self-proving affidavit that is attached or annexed to a
  declaration. (Tex. Prob. Code, Secs. 679(j), 679A(a).)
         Sec. 1104.202.  DESIGNATION OF GUARDIAN FOR DECLARANT. (a)  
  A person other than an incapacitated person may designate by
  declaration a person to serve as guardian of the person or estate of
  the declarant if the declarant becomes incapacitated. The court
  shall appoint the person designated in the declaration to serve as
  guardian in preference to any other person otherwise entitled to
  serve as guardian under this title, unless the court finds that the
  person designated to serve as guardian:
               (1)  is disqualified; or
               (2)  would not serve the ward's best interests.
         (b)  A declarant may, in the declaration, disqualify a named
  person from serving as guardian of the declarant's person or
  estate. The court may not under any circumstances appoint as
  guardian a person named under this subsection. (Tex. Prob. Code,
  Secs. 679(a) (part), (b), (f) (part).)
         Sec. 1104.203.  REQUIREMENTS FOR DECLARATION. (a)  A
  declaration under this subchapter must be signed by the declarant
  and be:
               (1)  written wholly in the declarant's handwriting; or
               (2)  attested to in the declarant's presence by at least
  two credible witnesses who are:
                     (A)  14 years of age or older; and
                     (B)  not named as guardian or alternate guardian
  in the declaration.
         (b)  Notwithstanding Subsection (a), a declaration that is
  not written wholly in the declarant's handwriting may be signed by
  another person for the declarant under the direction of and in the
  presence of the declarant.
         (c)  A declaration described by Subsection (a)(2) may have
  attached a self-proving affidavit signed by the declarant and the
  witnesses attesting to:
               (1)  the competence of the declarant; and
               (2)  the execution of the declaration. (Tex. Prob.
  Code, Secs. 679(a) (part), (c), (d).)
         Sec. 1104.204.  FORM AND CONTENT OF DECLARATION AND
  SELF-PROVING AFFIDAVIT. (a) A declaration and affidavit may be in
  any form adequate to clearly indicate the declarant's intention to
  designate a guardian.
         (b)  The following form may be used but is not required to be
  used:
  DECLARATION OF GUARDIAN
  IN THE EVENT OF LATER INCAPACITY OR NEED OF GUARDIAN
         I, __________, make this Declaration of Guardian, to operate
  if the need for a guardian for me later arises.
         1.  I designate __________ to serve as guardian of my person,
  __________ as first alternate guardian of my person, __________ as
  second alternate guardian of my person, and __________ as third
  alternate guardian of my person.
         2.  I designate __________ to serve as guardian of my estate,
  __________ as first alternate guardian of my estate, __________ as
  second alternate guardian of my estate, and __________ as third
  alternate guardian of my estate.
         3.  If any guardian or alternate guardian dies, does not
  qualify, or resigns, the next named alternate guardian becomes my
  guardian.
         4.  I expressly disqualify the following persons from
  serving as guardian of my person: __________, __________, and
  __________.
         5.  I expressly disqualify the following persons from
  serving as guardian of my estate: __________, __________, and
  __________.
         Signed this ___ day of __________, 20__.
  ______________________________
  Declarant
  ____________________________   ________________________________
  Witness                         Witness
  SELF-PROVING AFFIDAVIT
         Before me, the undersigned authority, on this date personally
  appeared ______________, the declarant, and ____________ and
  ____________ as witnesses, and all being duly sworn, the declarant
  said that the above instrument was his or her Declaration of
  Guardian and that the declarant had made and executed it for the
  purposes expressed in the declaration. The witnesses declared to
  me that they are each 14 years of age or older, that they saw the
  declarant sign the declaration, that they signed the declaration as
  witnesses, and that the declarant appeared to them to be of sound
  mind.
  ______________________________
  Declarant
  ____________________________   ________________________________
  Affiant                         Affiant
         Subscribed and sworn to before me by the above named
  declarant and affiants on this ____ day of __________, 20__.
                                             __________________________
                                             Notary Public in and for the
                                             State of Texas
                                             My Commission expires:
                                             __________________________
  (Tex. Prob. Code, Sec. 679(i).)
         Sec. 1104.205.  ALTERNATIVE TO SELF-PROVING AFFIDAVIT. (a)
  As an alternative to the self-proving affidavit authorized by
  Section 1104.204, a declaration of guardian in the event of later
  incapacity or need of guardian may be simultaneously executed,
  attested, and made self-proved by including the following in
  substantially the same form and with substantially the same
  contents:
         I, _________________________, as declarant, after being duly
  sworn, declare to the undersigned witnesses and to the undersigned
  authority that this instrument is my Declaration of Guardian in the
  Event of Later Incapacity or Need of Guardian, and that I have made
  and executed it for the purposes expressed in the declaration. I now
  sign this declaration in the presence of the attesting witnesses
  and the undersigned authority on this ____ day of ________, 20__.
                                             ___________________________
                                             Declarant
         The undersigned, _____________________ and
  ___________________, each being 14 years of age or older, after
  being duly sworn, declare to the declarant and to the undersigned
  authority that the declarant declared to us that this instrument is
  the declarant's Declaration of Guardian in the Event of Later
  Incapacity or Need of Guardian and that the declarant executed it
  for the purposes expressed in the declaration. The declarant then
  signed this declaration and we believe the declarant to be of sound
  mind. We now sign our names as attesting witnesses on this _____ day
  of ___________, 20___.
                                             ___________________________
                                             Witness
                                             ___________________________
                                             Witness
         Subscribed and sworn to before me by the above named
  declarant, and affiants, this ____ day of __________________, 20__.
                                             __________________________
                                             Notary Public in and for the
                                             State of Texas
                                             My Commission expires:
                                             __________________________
         (b)  A declaration that is executed as provided by Subsection
  (a) is considered self-proved to the same extent a declaration
  executed with a self-proving affidavit under Section 1104.204 is
  considered self-proved. (Tex. Prob. Code, Secs. 679(k), (l).)
         Sec. 1104.206.  ALTERNATE SELF-PROVING OF DECLARATION. At
  any time during the declarant's lifetime, a declaration described
  by Section 1104.203(a)(1) may be made self-proved in the same form
  and manner that a will written wholly in the testator's handwriting
  is made self-proved under Section 251.107.  (Tex. Prob. Code, Sec.
  679A(c).)
         Sec. 1104.207.  FILING OF DECLARATION AND SELF-PROVING
  AFFIDAVIT. The declaration and any self-proving affidavit may be
  filed with the court at any time after the application for
  appointment of a guardian is filed and before a guardian is
  appointed. (Tex. Prob. Code, Sec. 679(e).)
         Sec. 1104.208.  PROOF OF DECLARATION. (a) The court may
  admit a declaration that is self-proved into evidence without the
  testimony of witnesses attesting to the competency of the declarant
  and the execution of the declaration. Additional proof of the
  execution of the declaration with the formalities and solemnities
  and under the circumstances required to make it a valid declaration
  is not necessary.
         (b)  A declaration described by Section 1104.203(a)(1) that
  is not self-proved may be proved in the same manner that a will
  written wholly in the testator's handwriting is proved under
  Section 256.154.
         (c)  A declaration described by Section 1104.203(a)(2) that
  is not self-proved may be proved in the same manner that an attested
  written will produced in court is proved under Section 256.153.
  (Tex. Prob. Code, Secs. 679A(b), (e), (f).)
         Sec. 1104.209.  PRIMA FACIE EVIDENCE. A properly executed
  and witnessed self-proving declaration, including a declaration
  and self-proving affidavit described by Section 1104.203(c), is
  prima facie evidence that:
               (1)  the declarant was competent at the time the
  declarant executed the declaration; and
               (2)  the guardian named in the declaration would serve
  the best interests of the ward or incapacitated person. (Tex. Prob.
  Code, Sec. 679A(d).)
         Sec. 1104.210.  REVOCATION OF DECLARATION. The declarant
  may revoke a declaration in any manner provided for the revocation
  of a will under Section 253.002, including the subsequent
  re-execution of the declaration in the manner required for the
  original declaration. (Tex. Prob. Code, Sec. 679(g).)
         Sec. 1104.211.  EFFECT OF DIVORCE ON DESIGNATION OF SPOUSE.
  If a declarant designates the declarant's spouse to serve as
  guardian under this subchapter, and the declarant is subsequently
  divorced from that spouse before a guardian is appointed, the
  provision of the declaration designating the spouse has no effect.
  (Tex. Prob. Code, Sec. 679(h).)
         Sec. 1104.212.  ALTERNATE OR OTHER COURT-APPOINTED
  GUARDIAN. (a) The court shall appoint the next eligible designated
  alternate guardian named in a declaration if the designated
  guardian does not qualify, is deceased, refuses to serve, resigns,
  or dies after being appointed guardian, or is otherwise unavailable
  to serve as guardian.
         (b)  The court shall appoint another person to serve as
  guardian as otherwise provided by this title if the designated
  guardian and all designated alternate guardians named in the
  declaration:
               (1)  do not qualify;
               (2)  are deceased;
               (3)  refuse to serve; or
               (4)  later die or resign. (Tex. Prob. Code, Sec. 679(f)
  (part).)
  [Sections 1104.213-1104.250 reserved for expansion]
  SUBCHAPTER F. CERTIFICATION REQUIREMENTS
  FOR CERTAIN GUARDIANS
         Sec. 1104.251.  CERTIFICATION REQUIRED FOR CERTAIN
  GUARDIANS. (a)  An individual must be certified under Subchapter C,
  Chapter 111, Government Code, if the individual:
               (1)  is a private professional guardian;
               (2)  will represent the interests of a ward as a
  guardian on behalf of a private professional guardian;
               (3)  is providing guardianship services to a ward of a
  guardianship program on the program's behalf, except as provided by
  Section 1104.254; or
               (4)  is an employee of the Department of Aging and
  Disability Services providing guardianship services to a ward of
  the department.
         (b)  An individual employed by or contracting with a
  guardianship program must be certified as provided by Subsection
  (a) to provide guardianship services to a ward of the program.  
  (Tex. Prob. Code, Secs. 696A, 697B(a).)
         Sec. 1104.252.  EFFECT OF PROVISIONAL CERTIFICATE. For
  purposes of this subchapter, a person who holds a provisional
  certificate issued under Section 111.0421, Government Code, is
  considered to be certified. (Tex. Prob. Code, Sec. 697B(e).)
         Sec. 1104.253.  EXCEPTION FOR FAMILY MEMBERS AND FRIENDS. A
  family member or friend of an incapacitated person is not required
  to be certified under Subchapter C, Chapter 111, Government Code,
  or any other law to serve as the person's guardian. (Tex. Prob.
  Code, Sec. 696B.)
         Sec. 1104.254.  EXCEPTION FOR CERTAIN VOLUNTEERS. An
  individual volunteering with a guardianship program is not required
  to be certified as provided by Section 1104.251 to provide
  guardianship services on the program's behalf. (Tex. Prob. Code,
  Sec. 697B(d).)
         Sec. 1104.255.  EXPIRATION OF CERTIFICATION. A person whose
  certification under Subchapter C, Chapter 111, Government Code, has
  expired must obtain a new certification under that subchapter to
  provide or continue providing guardianship services to a ward or
  incapacitated person under this title. (Tex. Prob. Code, Sec.
  697B(b).)
         Sec. 1104.256.  FAILURE TO COMPLY; COURT'S DUTY TO NOTIFY.
  The court shall notify the Guardianship Certification Board if the
  court becomes aware of a person who is not complying with:
               (1)  the terms of a certification issued under
  Subchapter C, Chapter 111, Government Code; or
               (2)  the standards and rules adopted under that
  subchapter. (Tex. Prob. Code, Sec. 697B(c).)
         Sec. 1104.257.  INFORMATION REGARDING SERVICES PROVIDED BY
  GUARDIANSHIP PROGRAM. Not later than January 31 of each year, each
  guardianship program operating in a county shall submit to the
  county clerk a copy of the report submitted to the Guardianship
  Certification Board under Section 111.044, Government Code. (Tex.
  Prob. Code, Sec. 697A(a).)
         Sec. 1104.258.  INFORMATION REGARDING CERTAIN STATE
  EMPLOYEES PROVIDING GUARDIANSHIP SERVICES. Not later than January
  31 of each year, the Department of Aging and Disability Services
  shall submit to the Guardianship Certification Board a statement
  containing:
               (1)  the name, address, and telephone number of each
  department employee who is or will be providing guardianship
  services to a ward or proposed ward on the department's behalf; and
               (2)  the name of each county in which each employee
  named in Subdivision (1) is providing or is authorized to provide
  those services. (Tex. Prob. Code, Sec. 697A(b).)
  [Sections 1104.259-1104.300 reserved for expansion]
  SUBCHAPTER G. PRIVATE PROFESSIONAL GUARDIANS
         Sec. 1104.301.  CERTIFICATION AND REGISTRATION REQUIRED. A
  court may not appoint a private professional guardian to serve as a
  guardian or permit a private professional guardian to continue to
  serve as a guardian under this title if the private professional
  guardian is not:
               (1)  certified as provided by Section 1104.251(a),
  1104.252, 1104.255, or 1104.256; or
               (2)  in compliance with the registration requirements
  of this subchapter. (Tex. Prob. Code, Sec. 696.)
         Sec. 1104.302.  ANNUAL CERTIFICATE OF REGISTRATION. A
  private professional guardian must annually apply for a certificate
  of registration.  (Tex. Prob. Code, Sec. 697(a) (part).)
         Sec. 1104.303.  REQUIREMENTS OF APPLICATION. (a)  An
  application for a certificate of registration must include a sworn
  statement containing the following information concerning a
  private professional guardian or each person who represents or
  plans to represent the interests of a ward as a guardian on behalf
  of the private professional guardian:
               (1)  place of residence;
               (2)  business address and business telephone number;
               (3)  educational background and professional
  experience;
               (4)  three or more professional references;
               (5)  the name of each ward the private professional
  guardian or person is or will be serving as a guardian;
               (6)  the aggregate fair market value of the property of
  all wards that is or will be managed by the private professional
  guardian or person;
               (7)  whether the private professional guardian or
  person has ever been removed as a guardian by the court or resigned
  as a guardian in a particular case, and, if so:
                     (A)  a description of the circumstances causing
  the removal or resignation; and
                     (B)  the style of the suit, the docket number, and
  the court having jurisdiction over the proceeding; and
               (8)  the certification number or provisional
  certification number issued to the private professional guardian or
  person by the Guardianship Certification Board.
         (b)  The application must be:
               (1)  made to the clerk of the county having venue of the
  proceeding for the appointment of a guardian; and
               (2)  accompanied by a nonrefundable fee set by the
  clerk in an amount necessary to cover the cost of administering this
  subchapter.  (Tex. Prob. Code, Secs. 697(a) (part), (b).)
         Sec. 1104.304.  TERM OF REGISTRATION; RENEWAL. (a)  The term
  of an initial registration begins on the date the requirements
  under Section 1104.303 are met and extends through December 31 of
  the year in which the application is made. After the term of the
  initial registration, the term of registration begins on January 1
  and extends through December 31 of each year.
         (b)  An application to renew a registration must be completed
  during December of the year preceding the year for which the renewal
  is requested.  (Tex. Prob. Code, Sec. 697(c).)
         Sec. 1104.305.  USE OF REGISTRATION INFORMATION. (a)  The
  clerk shall bring the information received under Section 1104.303
  to the judge's attention for review.
         (b)  The judge shall use the information only to determine
  whether to appoint, remove, or continue the appointment of a
  private professional guardian. (Tex. Prob. Code, Sec. 697(d).)
         Sec. 1104.306.  USE OF NAMES AND BUSINESS ADDRESSES. Not
  later than January 31 of each year, the clerk shall submit to the
  Guardianship Certification Board the name and business address of
  each private professional guardian who has satisfied the
  registration requirements of this subchapter during the preceding
  year. (Tex. Prob. Code, Sec. 697(e).)
  [Sections 1104.307-1104.350 reserved for expansion]
  SUBCHAPTER H. GROUNDS FOR DISQUALIFICATION
         Sec. 1104.351.  INCAPACITY OR INEXPERIENCE. A person may
  not be appointed guardian if the person is:
               (1)  a minor or other incapacitated person; or
               (2)  a person who, because of inexperience, lack of
  education, or other good reason, is incapable of properly and
  prudently managing and controlling the person or estate of the
  ward. (Tex. Prob. Code, Sec. 681 (part).)
         Sec. 1104.352.  UNSUITABILITY. A person may not be
  appointed guardian if the court finds the person to be unsuitable.
  (Tex. Prob. Code, Sec. 681 (part).)
         Sec. 1104.353.  NOTORIOUSLY BAD CONDUCT; PRESUMPTION
  CONCERNING BEST INTEREST. (a) A person may not be appointed
  guardian if the person's conduct is notoriously bad.
         (b)  It is presumed to be not in the best interests of a ward
  or incapacitated person to appoint as guardian of the ward or
  incapacitated person a person who has been finally convicted of:
               (1)  any sexual offense, including sexual assault,
  aggravated sexual assault, and prohibited sexual conduct;
               (2)  aggravated assault;
               (3)  injury to a child, elderly individual, or disabled
  individual; or
               (4)  abandoning or endangering a child. (Tex. Prob.
  Code, Secs. 678, 681 (part).)
         Sec. 1104.354.  CONFLICT OF INTEREST. A person may not be
  appointed guardian if the person:
               (1)  is a party or is a person whose parent is a party to
  a lawsuit concerning or affecting the welfare of the proposed ward,
  unless the court:
                     (A)  determines that the lawsuit claim of the
  person who has applied to be appointed guardian is not in conflict
  with the lawsuit claim of the proposed ward; or
                     (B)  appoints a guardian ad litem to represent the
  interests of the proposed ward throughout the litigation of the
  ward's lawsuit claim;
               (2)  is indebted to the proposed ward, unless the
  person pays the debt before appointment; or
               (3)  asserts a claim adverse to the proposed ward or the
  proposed ward's property. (Tex. Prob. Code, Sec. 681 (part).)
         Sec. 1104.355.  DISQUALIFIED IN DECLARATION. A person may
  not be appointed guardian if the person is disqualified in a
  declaration under Section 1104.202(b). (Tex. Prob. Code, Sec. 681
  (part).)
         Sec. 1104.356.  LACK OF CERTAIN REQUIRED CERTIFICATION. A
  person may not be appointed guardian if the person does not have the
  certification to serve as guardian that is required by Subchapter
  F. (Tex. Prob. Code, Sec. 681 (part).)
         Sec. 1104.357.  NONRESIDENT WITHOUT RESIDENT AGENT. A
  person may not be appointed guardian if the person is a nonresident
  who has failed to file with the court the name of a resident agent to
  accept service of process in all actions or proceedings relating to
  the guardianship. (Tex. Prob. Code, Sec. 681 (part).)
  [Sections 1104.358-1104.400 reserved for expansion]
  SUBCHAPTER I. ACCESS TO CRIMINAL HISTORY RECORDS
         Sec. 1104.401.  DEFINITION. In this subchapter,
  "department" means the Department of Aging and Disability Services.
  (New.)
         Sec. 1104.402.  COURT CLERK'S DUTY TO OBTAIN CRIMINAL
  HISTORY RECORD INFORMATION; AUTHORITY TO CHARGE FEE.  (a)  Except as
  provided by Section 1104.403, 1104.404, or 1104.406(a), the clerk
  of the county having venue of the proceeding for the appointment of
  a guardian shall obtain criminal history record information that is
  maintained by the Department of Public Safety or the Federal Bureau
  of Investigation identification division relating to:
               (1)  a private professional guardian;
               (2)  each person who represents or plans to represent
  the interests of a ward as a guardian on behalf of the private
  professional guardian;
               (3)  each person employed by a private professional
  guardian who will:
                     (A)  have personal contact with a ward or proposed
  ward;
                     (B)  exercise control over and manage a ward's
  estate; or
                     (C)  perform any duties with respect to the
  management of a ward's estate;
               (4)  each person employed by or volunteering or
  contracting with a guardianship program to provide guardianship
  services to a ward of the program on the program's behalf; or
               (5)  any other person proposed to serve as a guardian
  under this title, including a proposed temporary guardian and a
  proposed successor guardian, other than the ward's or proposed
  ward's family member or an attorney.
         (b)  The clerk may charge a $10 fee to recover the costs of
  obtaining criminal history record information under Subsection
  (a). (Tex. Prob. Code, Secs. 698(a), (e).)
         Sec. 1104.403.  SUBMISSION OF CRIMINAL HISTORY RECORD
  INFORMATION BY PROPOSED GUARDIAN. Not later than the 10th day
  before the date of the hearing to appoint a guardian, a person may
  submit to the clerk a copy of the person's criminal history record
  information required under Section 1104.402(a)(5) that the person
  obtains not earlier than the 30th day before the date of the hearing
  from:
               (1)  the Department of Public Safety; or
               (2)  the Federal Bureau of Investigation. (Tex. Prob.
  Code, Sec. 698(a-5).)
         Sec. 1104.404.  EXCEPTION FOR INFORMATION CONCERNING
  CERTAIN PERSONS HOLDING A CERTIFICATE. (a) The clerk described by
  Section 1104.402 is not required to obtain criminal history record
  information for a person who holds a certificate issued under
  Section 111.042, Government Code, or a provisional certificate
  issued under Section 111.0421, Government Code, if the Guardianship
  Certification Board conducted a criminal history check on the
  person before issuing or renewing the certificate.
         (b)  The board shall provide to the clerk at the court's
  request the criminal history record information that was obtained
  from the Department of Public Safety or the Federal Bureau of
  Investigation. (Tex. Prob. Code, Sec. 698(a-6).)
         Sec. 1104.405.  INFORMATION FOR EXCLUSIVE USE OF COURT. (a)  
  Criminal history record information obtained or provided under
  Section 1104.402, 1104.403, or 1104.404 is privileged and
  confidential and is for the exclusive use of the court.  The
  criminal history record information may not be released or
  otherwise disclosed to any person or agency except on court order or
  consent of the person being investigated.
         (b)  The county clerk may destroy the criminal history record
  information after the information is used for the purposes
  authorized by this subchapter. (Tex. Prob. Code, Sec. 698(b).)
         Sec. 1104.406.  DEPARTMENT'S DUTY TO OBTAIN CRIMINAL HISTORY
  RECORD INFORMATION. (a) The department shall obtain criminal
  history record information that is maintained by the Department of
  Public Safety or the Federal Bureau of Investigation identification
  division relating to each individual who is or will be providing
  guardianship services to a ward of or referred by the department,
  including:
               (1)  an employee of or an applicant selected for an
  employment position with the department;
               (2)  a volunteer or an applicant selected to volunteer
  with the department;
               (3)  an employee of or an applicant selected for an
  employment position with a business entity or other person who
  contracts with the department to provide guardianship services to a
  ward referred by the department; and
               (4)  a volunteer or an applicant selected to volunteer
  with a business entity or other person described by Subdivision
  (3).
         (b)  The department must obtain the information in
  Subsection (a) before:
               (1)  making an offer of employment to an applicant for
  an employment position; or
               (2)  a volunteer contacts a ward of or referred by the
  department.
         (c)  The department must annually obtain the information in
  Subsection (a) regarding employees or volunteers providing
  guardianship services. (Tex. Prob. Code, Secs. 698(a-1), (a-2),
  (a-3).)
         Sec. 1104.407.  DUTY TO PROVIDE INFORMATION ON REQUEST. The
  department shall provide the information obtained under Section
  1102.406(a) to:
               (1)  the clerk of the county having venue of the
  guardianship proceeding at the court's request; and
               (2)  the Guardianship Certification Board at the
  board's request. (Tex. Prob. Code, Sec. 698(a-4).)
         Sec. 1104.408.  INFORMATION FOR EXCLUSIVE USE OF COURT OR
  GUARDIANSHIP CERTIFICATION BOARD. (a)  Criminal history record
  information obtained under Section 1104.407 is privileged and
  confidential and is for the exclusive use of the court or
  Guardianship Certification Board, as appropriate.  The information
  may not be released or otherwise disclosed to any person or agency
  except:
               (1)  on court order;
               (2)  with the consent of the person being investigated;
  or
               (3)  as authorized by Section 1104.404 of this code or
  Section 411.1386(a-6), Government Code.
         (b)  The county clerk or Guardianship Certification Board
  may destroy the criminal history record information after the
  information is used for the purposes authorized by this subchapter.
  (Tex. Prob. Code, Sec. 698(b-1).)
         Sec. 1104.409.  USE OF INFORMATION BY COURT.  The court
  shall use the information obtained under this subchapter only in
  determining whether to:
               (1)  appoint, remove, or continue the appointment of a
  private professional guardian, a guardianship program, or the
  department; or