Texas Codes

Tex. Hum. Res. Code § 161.102 (2026)

Referral To Guardianship Program, Court, Or Other Person

✓ current as of May 2026

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Sec. 161.102. REFERRAL TO GUARDIANSHIP PROGRAM, COURT, OR OTHER PERSON. (a) If the department becomes aware of a guardianship program, private professional guardian, or other person willing and able to provide the guardianship services that would otherwise be provided by the department to an individual referred to the department by the Department of Family and Protective Services under Section 48.209, the department shall refer the individual to that person or program for guardianship services.

(b) If requested by a court, the department shall notify the court of any referral made to the department by the Department of Family and Protective Services relating to any individual who is domiciled or found in a county where the requesting court has probate jurisdiction and who may be appropriate for a court-initiated guardianship proceeding under Chapter 1102, Estates Code. In making a referral under this subsection and if requested by the court, the department shall, to the extent allowed by law, provide the court with all relevant information in the department's records relating to the individual. The court, as part of this process, may not require the department to:

(1) perform the duties of a guardian ad litem or court investigator as prescribed by Chapter 1102, Estates Code; or

(2) gather additional information not contained in the department's records.

Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.457, eff. April 2, 2015.

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2025–2025 · leading case: In the Guardianship of Landen Thomas Griswold, an Incapacitated Person v. the State of Texas (Tex. App. 2025).

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In the Guardianship of Landen Thomas Griswold, an Incapacitated Person v. the State of Texas (Tex. App. 2025). · cites it 2× “See Tex. Hum. Res. Code §161.102. Here, HHSC found that although Appellant was willing, she was not an able applicant.”

In the Guardianship of Landen Thomas Griswold, an Incapacitated Person v. the State of Texas (Tex. App. 2025). “25 Tex. Hum. Res. Code §161.101 ............”

— Tex. Hum. Res. Code § 161.102(a) — 1 case

In the Guardianship of Landen Thomas Griswold, an Incapacitated Person v. the State of Texas (Tex. App. 2025). “See Tex. Hum. Res. Code §161.102. Here, HHSC found that although Appellant was willing, she was not an able applicant.”

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