Sec. 1104.354. CONFLICT OF INTEREST. A person may not be appointed guardian if the person: (1) is a party or is a person 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; (2) is indebted to the proposed ward, unless the person pays the debt before appointment; or (3) asserts a claim adverse to the proposed ward or the proposed ward's property.
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