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When A Court Appoints A Guardian

Estates Code 1101.101 — clear and convincing evidence, and alternatives considered and found not feasible

Clear and convincing. Before appointing a guardian, the court finds by clear and convincing evidence, among other things, that alternatives to guardianship that would avoid the need for a guardian have been considered and determined not to be feasible.

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Guardians for minors, emergency and temporary appointments, the guardian's duties and reports, and how a guardianship is ended or changed are set out in other sections and are not on this page. Whether a particular person needs a guardian is decided by a court on evidence, and is a question for a licensed Texas attorney.

Sources for this section (1)
  1. Estates Code 1101.101 — Findings and proof required

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.

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