Tex. Est. Code § 1104.102

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 1104.102 - Appointment Preferences

If the court finds that two or more eligible persons are equally entitled to be appointed guardian of an incapacitated person:

(1) the incapacitated person's spouse is entitled to the guardianship in preference to any other person, if the spouse is one of the eligible persons;
(2) the eligible person nearest of kin to the incapacitated person is entitled to the guardianship, if the incapacitated person's spouse is not one of the eligible persons; or
(3) the court shall appoint the eligible person who is best qualified to serve as guardian if:
(A) the persons entitled to serve under Subdivisions (1) and (2) refuse to serve;
(B) two or more persons entitled to serve under Subdivision (2) are related in the same degree of kinship to the incapacitated person; or
(C) neither the incapacitated person's spouse nor any person related to the incapacitated person is an eligible person.

Tex. Estates § 1104.102

Added by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 1.02, eff. 1/1/2014.