Section 1054.006 - Representation Of Ward Or Proposed Ward By Attorney(a) A ward or proposed ward may at any time retain an attorney who holds a certificate required by Subchapter E to represent the ward's or proposed ward's interests, including the ward's or proposed ward's expressed wishes, in a guardianship proceeding, including a proceeding involving the complete restoration of the ward's capacity or modification of the ward's guardianship, instead of having those interests represented by an attorney ad litem appointed under Section 1054.001, Section 1202.101, or another provision of this title .
(b) Subject to Subsection (c), if a ward or proposed ward has retained an attorney under Subsection (a), the court shall remove an attorney ad litem appointed under Section 1054.001, Section 1202.101, or any other provision of this title that requires the court to appoint an attorney ad litem to represent the interests of a ward or proposed ward and appoint a ward or a proposed ward's retained counsel. (c) On the motion of a party to a guardianship proceeding or on the court's own motion, the court may hold a hearing on the ward's or proposed ward's capacity to retain an attorney under Subsection (a). The burden of proof is on the party motioning the court. If the court finds by a preponderance of evidence that the ward or proposed ward does not understand the guardianship proceeding or the purpose for which the attorney was retained, the court may appoint an attorney ad litem under Section 1054.001, Section 1202.101, or another provision of this title. (d) An attorney retained by a ward or proposed ward under this section must represent the ward's or proposed ward's interests, including the ward's or proposed ward's expressed wishes. Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 939,Sec. 3, eff. 9/1/2023.Added by Acts 2013, 83rd Leg. - Regular Session, ch. 161,Sec. 6.030, eff. 1/1/2014. See Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 939, Sec. 20.