Texas Codes

Tex. Hum. Res. Code § 161.108 (2026)

Successor Guardian

✓ current as of May 2026

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Sec. 161.108. SUCCESSOR GUARDIAN. The department shall review each of the department's pending guardianship cases at least annually to determine whether a more suitable person, including a guardianship program or private professional guardian, is willing and able to serve as successor guardian for a ward of the department. If the department becomes aware of any person's willingness and ability to serve as successor guardian, the department shall notify the court in which the guardianship is pending as required by Section 1203.151, Estates Code.

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. 4.462, 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.

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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× “25 Tex. Hum. Res. Code §161.101 ............”

In the Guardianship of Landen Thomas Griswold, an Incapacitated Person v. the State of Texas (Tex. App. 2025). “Tex. Hum. Res. Code §161.108. This section does not apply as this case is an original proceeding and not a request for a successor guardian.”

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