AI-assisted research summary: If a complaint is filed, the court may require an exempt guardian of the estate to post bond, and failure to do so can lead to removal and replacement.
Sec. 1105.103. BOND REQUIRED FROM GUARDIAN OTHERWISE EXEMPT. (a) This section applies only to an individual guardian of the estate from whom a bond was not required. (b) A person who has a debt, claim, or demand against the guardianship, with respect to the justice of which an oath has been made by the person, the person's agent or attorney, or another person interested in the guardianship, in person or as the representative of another person, may file a written complaint under oath in the court in which the guardian was appointed. (c) After a complaint is filed under Subsection (b), the court shall cite the guardian to appear and show cause why the guardian should not be required to give a bond. (d) On hearing a complaint filed under Subsection (b), if it appears to the court that the guardian is wasting, mismanaging, or misapplying the guardianship estate and that a creditor may probably lose the creditor's debt, or that a person's interest in the guardianship may be diminished or lost, the court shall enter an order requiring the guardian to give a bond not later than the 10th day after the date of the order. (e) A bond required under Subsection (d) must be: (1) in an amount sufficient to protect the guardianship and the guardianship's creditors; (2) approved by and payable to the judge; and (3) conditioned that the guardian: (A) will well and truly administer the guardianship; and (B) will not waste, mismanage, or misapply the guardianship estate. (f) If the guardian fails to give the bond required under Subsection (d) and the judge has not extended the period for giving the bond, the judge, without citation, shall remove the guardian and appoint a competent person as guardian, who shall: (1) administer the guardianship according to the provisions of a will or law; (2) take the oath or make the declaration required of a guardian under Section 1105.051 before the person enters on the administration of the guardianship; and (3) give bond in the same manner and in the same amount provided by this title for the issuance of original letters of guardianship. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 30, eff. September 1, 2021.