Tex. Est. Code § 1104.354 : ESTATES CODE — GUARDIANSHIP AND RELATED PROCEDURES — CREATION OF GUARDIANSHIP — SELECTION OF AND ELIGIBILITY TO SERVE AS GUARDIAN — GROUNDS FOR DISQUALIFICATION — Conflict of Interest

A person may not be appointed guardian if the person:

(1) is a party or is a person whose parent is a party to a lawsuit concerning or affecting the welfare of the proposed ward, unless the court:
(A) determines that the lawsuit claim of the person who has applied to be appointed guardian is not in conflict with the lawsuit claim of the proposed ward; or
(B) appoints a guardian ad litem to represent the interests of the proposed ward throughout the litigation of the ward's lawsuit claim;
(2) is indebted to the proposed ward, unless the person pays the debt before appointment; or
(3) asserts a claim adverse to the proposed ward or the proposed ward's property.

Tex. Estates § 1104.354

Added by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 1.02, eff. 1/1/2014.
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