(a) The court may remove a guardian under § 1203.051(a)(6)(A) or (B) only on the presentation of clear and convincing evidence given under oath.
(b) Not later than the 30th day after the date the court signs the order of removal, a guardian who is removed under § 1203.051(a)(6)(A) or (B) may file an application with the court for a hearing to determine whether the guardian should be reinstated.

Terms Used In Texas Estates Code 1203.056

  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See Texas Government Code 311.005
  • Person: includes a natural person and a corporation. See Texas Estates Code 22.027
  • person interested: means :
    (1) an heir, devisee, spouse, creditor, or any other having a property right in or claim against an estate being administered; and
    (2) anyone interested in the welfare of an incapacitated person, including a minor. See Texas Estates Code 22.018
  • Property: means real and personal property. See Texas Government Code 311.005
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
  • Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033

(c) On the filing of an application under Subsection (b), the court clerk shall issue to the applicant, the ward, a person interested in the ward’s welfare or estate, and, if applicable, a person who has control of the care and custody of the ward a notice stating:
(1) that an application for reinstatement has been filed;
(2) the name of the ward; and
(3) the name of the applicant for reinstatement.
(d) The notice required by Subsection (c) must cite all persons interested in the ward’s welfare or estate to appear at the time and place stated in the notice if the persons wish to contest the application.
(e) The court shall hold a hearing on an application for reinstatement under this section as soon as practicable after the application is filed, but not later than the 60th day after the date the court signed the order of removal. If, at the conclusion of the hearing, the court is satisfied by a preponderance of the evidence that the applicant did not engage in the conduct that directly led to the applicant’s removal, the court shall:
(1) set aside any order appointing a successor guardian; and
(2) enter an order reinstating the applicant as guardian of the ward or estate.
(f) If the court sets aside the appointment of a successor guardian under this section, the court may require the successor guardian to prepare and file, under oath, an accounting of the estate and to detail the disposition the successor has made of the estate property.

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