(a) On filing an application or on motion of a court to transfer a guardianship to another county under § 1023.003, the sureties on the bond of the guardian shall be cited by personal service to appear and show cause why the guardianship should not be transferred.
(b) If an application is filed by a person other than the guardian, the guardian shall be cited by personal service to appear and show cause why the guardianship should not be transferred.

Terms Used In Texas Estates Code 1023.004

  • Court: means and includes:
    (1) a county court in the exercise of its probate jurisdiction;
    (2) a court created by statute and authorized to exercise original probate jurisdiction; and
    (3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes a natural person and a corporation. See Texas Estates Code 22.027
  • Qualified delivery method: means delivery by:
    (1) hand delivery by courier, with courier's proof of delivery receipt;
    (2) certified or registered mail, return receipt requested, with return receipt; or
    (3) a private delivery service designated as a designated delivery service by the United States Secretary of the Treasury under Section 7502(f)(2), Internal Revenue Code of 1986, with proof of delivery receipt. See Texas Estates Code 22.0295

(c) If a court made a motion to transfer a guardianship, the guardian shall be given notice by a qualified delivery method to appear and show cause why the guardianship should not be transferred.

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