Section 81.05. Venue  


Latest version.
  • (a)  A  proceeding  under this article shall be brought in the supreme
      court within the judicial district, or in the county court of the county
      in  which  the  person  alleged  to  be  incapacitated  resides,  or  is
      physically  present,  or  in  the  surrogate's court having jurisdiction
      pursuant to subdivision (b) of section 81.04 of  this  article.  If  the
      person alleged to be incapacitated is being cared for as a resident in a
      facility,  the  residence  of  that  person shall be deemed to be in the
      county where the facility is located and the proceeding shall be brought
      in that county, subject to application by  an  interested  party  for  a
      change  in  venue  to another county because of the inconvenience of the
      parties or witnesses or the  condition  of  the  person  alleged  to  be
      incapacitated.  If the person alleged to be incapacitated is not present
      in the state, or the residence of such person cannot be ascertained, the
      residence shall be deemed to be in the county in which all  or  some  of
      such person's property is situated.
        (b)  After  the appointment of a guardian, temporary guardian, special
      guardian,  standby  guardian,  or  alternate  standby   guardians,   any
      proceeding  to  modify  a  prior  order  shall be brought in the supreme
      court, county court, or surrogate's court which granted the prior order.
      If, at the time  of  the  application  to  modify  a  prior  order,  the
      incapacitated person is being cared for as a resident in a facility, the
      proceeding shall be brought in the county where the facility is located,
      subject  to  application by an interested party for a change in venue to
      the court which granted the prior order because of the inconvenience  of
      the parties or witnesses or the condition of the incapacitated person.