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Tex. Estates Code § 1102.001

COURT-INITIATED INVESTIGATION

Texas · Texas Estates Code · Status: effective

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Tex. Estates Code § 1102.001, COURT-INITIATED INVESTIGATION, Texas, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/625453
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(a) If a court has probable cause to believe that a person domiciled or found in the county in which the court is located is an incapacitated person, and the person does not have a guardian in this state, the court shall appoint a guardian ad litem or court investigator to investigate the person's conditions and circumstances to determine whether: (1) the person is an incapacitated person; and (2) a guardianship is necessary. (b) If a court appoints a guardian ad litem or court investigator under Subsection (a): (1) the court's order appointing a guardian ad litem or court investigator must include a statement that the person believed to be incapacitated has the right to petition the court to have the appointment set aside; (2) at the initial meeting between the guardian ad litem or court investigator and the person believed to be incapacitated, the guardian ad litem or court investigator, as appropriate, shall provide a copy of the information letter under Section 1102.003 and the order to, and discuss the contents of the letter and order with, the person believed to be incapacitated; and (3) during the period beginning after the date of the initial meeting described by Subdivision (2) and ending on the date an application for the appointment of a guardian is filed, the person believed to be incapacitated may petition the court to have the appointment of the guardian ad litem or court investigator, as appropriate, set aside.