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Texas Estates Code - EST § 1104.102. Appointment Preferences

Current as of January 01, 2024 | Updated by Findlaw Staff

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.

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Cite this article: FindLaw.com - Texas Estates Code - EST § 1104.102. Appointment Preferences - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-1104-102/

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