Tex. Est. Code Section 1353.003
Appointment of Guardian of the Estate to Administer Separate Property

(a)

Except as provided by Section 1353.004 (Appointment of Guardian of the Estate Under Certain Circumstances), when a spouse who owns separate property is judicially declared to be incapacitated, the court shall appoint the other spouse or another person or entity, in the order of precedence established under Subchapter C (Appointment According to Circumstances and Best Interests), Chapter 1104 (Selection of and Eligibility to Serve as Guardian), as guardian of the estate to administer only the separate property of the incapacitated spouse.

(b)

The qualification of a guardian of the estate of the separate property of an incapacitated spouse under Subsection (a) does not deprive the spouse who is not incapacitated of the right to manage, control, and dispose of the entire community estate as provided by this title.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.

Source: Section 1353.003 — Appointment of Guardian of the Estate to Administer Separate Property, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­1353.­htm#1353.­003 (accessed May 25, 2024).

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Accessed:
May 25, 2024

§ 1353.003’s source at texas​.gov