Notoriously Bad Conduct; Presumption Concerning Best Interest

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; (4) abandoning or endangering a child, elderly individual, or disabled individual; (5) terroristic threat; or (6) continuous violence against the family of the ward or incapacitated person. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 14, eff. January 1, 2014. Acts 2023, 88th Leg., R.S., Ch. 830 (H.B. 2187), Sec. 4, eff. September 1, 2023.