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Texas Estates Code - EST § 1253.053. Determination Regarding Receipt and Acceptance of Foreign Guardianship

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

(a) The court shall hold a hearing to:

(1) consider an application for receipt and acceptance of a foreign guardianship under this subchapter;  and

(2) consider modifying the administrative procedures or requirements of the proposed transferred guardianship in accordance with local and state law.

(b) In reviewing the application, the court should determine:

(1) that the proposed guardianship is not a collateral attack on an existing or proposed guardianship in another jurisdiction in this or another state;  and

(2) for a guardianship in which a court in one or more states may have jurisdiction, that the application has been filed in the court that is best suited to consider the matter.

(c) The court shall grant the application if the transfer of the guardianship from the foreign jurisdiction is in the best interests of the ward.

(d) In granting the application, the court shall give full faith and credit to the provisions of the foreign guardianship order concerning the determination of the ward's incapacity and the rights, powers, and duties of the guardian.

(e) The court shall coordinate efforts with the appropriate foreign court to facilitate the orderly transfer of the guardianship.

(f) At the time of granting an application for receipt and acceptance of a foreign guardianship, the court may also modify the administrative procedures or requirements of the transferred guardianship in accordance with local and state law.

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Cite this article: FindLaw.com - Texas Estates Code - EST § 1253.053. Determination Regarding Receipt and Acceptance of Foreign Guardianship - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-1253-053/

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