Estates Code § 1023.005

Sec. 1023.005. COURT ACTION. (a) On hearing an application or motion under Section 1023.003, if it appears that transfer of the guardianship is in the best interests of the ward and either the ward has resided in the county to which the guardianship is to be transferred for at least six months or good cause is not otherwise shown to deny the transfer, the court shall enter an order: (1) authorizing the transfer on payment on behalf of the estate of all accrued costs; (2) requiring that any existing bond of the guardian must remain in effect until a new bond has been given or a rider has been filed in accordance with Section 1023.010; and (3) certifying that the guardianship is in compliance with this code at the time of transfer. (b) In making a determination that the transfer is in the best interests of the ward under Subsection (a), the court may consider: (1) the interests of justice; (2) the convenience of the parties; and (3) the preference of the ward, if the ward is 12 years of age or older. (c) On receipt of an order described by Subsection (a), the clerk of the court to which the guardianship is transferred shall accept the transfer of the guardianship. Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 1, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 1(e), eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 382 (S.B. 1129), Sec. 1, eff. September 1, 2021. Acts 2025, 89th Leg., R.S., Ch. 855 (S.B. 1760), Sec. 3, eff. September 1, 2025.