Standing To Commence Or Contest Proceeding

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 or for the appointment of a guardian 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; (4) contest an application for complete restoration of a ward's capacity or modification of a ward's guardianship; or (5) file a motion or complaint to request the removal of a guardian or contest the request for removal of a guardian. (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. 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. 5, eff. September 1, 2025.