[Caption. See § 3 of the Introduction in this manual.]
Agreed Motion for Mediation in Temporary Guardianship Pending Contest
[Name of movant], the temporary guardian of the person and estate of [name of ward], Ward, an incapacitated person, files this Agreed Motion for Mediation in Temporary Guardianship Pending Contest in the estate of [name of estate], incapacitated, pursuant to section 1055.151 of the Texas Estates Code and shows the Court the following:
1.On [date], this Court appointed [name of movant] as temporary guardian of the person and estate of Ward. [Name of movant] incorporates by reference [name of applicant]’s Application for Appointment of Temporary Guardian of Person and Estate in the estate of [name of estate]. The temporary guardianship remains in effect until [date].
2.On [date], [name of movant] filed [his/her] Application for Appointment of Permanent Guardian of Person and Estate of Ward, because it is in the best interests of Ward that the temporary guardianship be made permanent.
3.On or about [date], [name of contestant] filed [his/her] contest to [name of movant]’s Application for Appointment of Guardian [include the following if applicable: and [his/her] own Application for Appointment of Guardian]. The contest remains unresolved.
4.Pursuant to section 1055.151 of the Texas Estates Code, on the written agreement of the parties, the Court may refer a contested guardianship proceeding to mediation. Determination of incapacity may be a mediated issue although the applicant must still prove to the Court that the proposed ward is an incapacitated person in accordance with Texas Estates Code 1101.
5.Pursuant to Texas Estates Code 1055.151, all parties shall evaluate the availability of alternatives to guardianship and supports and services that may be feasible to avoid the need for guardianship.
6.[Name of movant] brings this Agreed Motion for Mediation in Temporary Guardianship Pending Contest in the estate of [name of estate], in good faith and for just cause. Applicant requests that the Court find Applicant and [his/her] attorney[s] have acted in good faith and for just cause in matters relating to this motion. The parties agree, pursuant to Texas Estates Code 1055.151 that the cost of mediation will be paid by the parties unless otherwise ordered by the Court.
[Name of movant], the temporary guardian of the person and estate of [name of estate], an incapacitated person, prays that mediation be ordered pursuant to section 1055.151 of the Texas Estates Code and for all other relief to which [name of movant] may be entitled.
Respectfully submitted,
[Name]
Attorney for Movant
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]
AGREED TO BY:
[Name]
Attorney for Contestant
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]