Texas Estates Code 1051.103 – Service of Citation for Application for Guardianship
(a) The sheriff or other officer shall personally serve citation to appear and answer an application for guardianship on:
(1) a proposed ward who is 12 years of age or older;
(2) the proposed ward’s parents, if the whereabouts of the parents are known or can be reasonably ascertained;
(3) any court-appointed conservator or person having control of the care and welfare of the proposed ward;
(4) the proposed ward’s spouse, if the whereabouts of the spouse are known or can be reasonably ascertained; and
(5) the person named in the application to be appointed guardian, if that person is not the applicant.
(b) A citation served as provided by Subsection (a) must contain the statement regarding the right under § 1051.252 that is required in the citation issued under § 1051.102.
Terms Used In Texas Estates Code 1051.103
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
(c) A citation served as provided by Subsection (a) to a relative of the proposed ward described by Subsection (a)(2) or (4) must contain a statement notifying the relative that, if a guardianship is created for the proposed ward, the relative must elect in writing in order to receive notice about the ward under § 1151.056.