(a) Unless otherwise discharged as provided by law, a guardian remains in office until the estate is closed.
(b) A guardianship shall be settled and closed when the ward:
(1) dies and, if the ward was married, the ward’s spouse qualifies as survivor in community;
(2) is found by the court to have full capacity, or sufficient capacity with supports and services, to care for himself or herself and to manage the ward’s property;
(3) is no longer a minor; or
(4) no longer must have a guardian appointed to receive funds due the ward from any governmental source.

Terms Used In Texas Estates Code 1202.001

  • 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.
  • Minor: means a person younger than 18 years of age who:
    (1) has never been married; and
    (2) has not had the disabilities of minority removed for general purposes. See Texas Estates Code 22.022
  • Person: includes a natural person and a corporation. See Texas Estates Code 22.027
  • Property: means real and personal property. See Texas Government Code 311.005
  • Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
  • Year: means 12 consecutive months. See Texas Government Code 311.005

(c) Except for an order issued under § 1101.153(a-1), an order appointing a guardian or a successor guardian may specify a period of not more than one year during which a petition for adjudication that the ward no longer requires the guardianship may not be filed without special leave.
(d) A request for an order under this section may be made by informal letter to the court. A person who knowingly interferes with the transmission of the request to the court may be adjudged guilty of contempt of court.
(e) If a nonresident guardian of a nonresident ward qualifies as guardian under this title, any resident guardian’s guardianship may be terminated.

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