(a) This section applies only to a bond required to be posted by a guardian of the person of a ward when there is no guardian of the ward’s estate.
(b) To ensure the performance of the guardian’s duties, a court may accept only:
(1) a corporate surety bond;
(2) a personal surety bond;
(3) a deposit of money instead of a surety bond; or
(4) a personal bond.

Terms Used In Texas Estates Code 1105.102

  • 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
  • Estate: means a decedent's property, as that property:
    (1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
    (2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
    (3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012
  • 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
  • Surety: includes a personal surety and a corporate surety. See Texas Estates Code 22.032
  • Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033

(c) In determining the appropriate type and amount of bond to set for the guardian, the court shall consider:
(1) the familial relationship of the guardian to the ward;
(2) the guardian’s ties to the community;
(3) the guardian’s financial condition;
(4) the guardian’s past history of compliance with the court; and
(5) the reason the guardian may have previously been denied a corporate surety bond.

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