PURPOSE AND CONSTRUCTION

Tex. ESTATES Code ch. 1001

in effect

Tex. ESTATES Code § 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, including by presuming that the incapacitated person retains capacity to make personal decisions regarding the person's residence. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014.

Tex. ESTATES Code § 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. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014.

Tex. ESTATES Code § 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. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014.

Source: TX Statutes (Official Site)URL: https://statutes.capitol.texas.gov/Fetched: 6/29/2026