§ 681. Persons Disqualified to Serve as Guardians

681. Persons Disqualified to Serve as Guardians

A person may not be appointed guardian if the person is:

(1) a minor;

(2) a person whose conduct is notoriously bad;

(3) an incapacitated person;

(4) a person who is a party or whose parent is a party to a lawsuit concerning or affecting the welfare of the proposed ward, unless the court:

(A) determines that the lawsuit claim of the person who has applied to be appointed guardian is not in conflict with the lawsuit claim of the proposed ward; or

(B) appoints a guardian ad litem to represent the interests of the proposed ward throughout the litigation of the ward's lawsuit claim;

(5) a person indebted to the proposed ward unless the person pays the debt before appointment;

(6) a person asserting a claim adverse to the proposed ward or the proposed ward's property, real or personal;

(7) a person who, because of inexperience, lack of education, or other good reason, is incapable of properly and prudently managing and controlling the ward or the ward's estate;

(8) a person, institution, or corporation found unsuitable by the court;

(9) a person disqualified in a declaration made under Section 679 of this code;

(10) a nonresident person who has not filed with the court the name of a resident agent to accept service of process in all actions or proceedings relating to the guardianship; or

(11) a person who does not have the certification to serve as guardian that is required by Section 697B of this code.