Immunity

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 or proposed ward 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. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2025, 89th Leg., R.S., Ch. 283 (S.B. 746), Sec. 4, eff. September 1, 2025. SUBCHAPTER C. COURT VISITORS