(a) Subject to Subsection (b), the proposed ward or the proposed ward’s attorney may appear and move for the dismissal of the application for temporary guardianship.
(b) At least one day before making a motion under Subsection (a), the proposed ward or the proposed ward’s attorney shall provide notice to the party who filed the application for temporary guardianship.

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Terms Used In Texas Estates Code 1251.007

  • 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
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033

(c) If a motion is made for dismissal of the application for temporary guardianship, the court shall hear and determine the motion as expeditiously as justice requires.