[Caption. See § 3 of the Introduction in this manual.]
Motion to Extend 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 Motion to Extend Temporary Guardianship Pending Contest pursuant to section 1251.051 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 the Appointment of Temporary Guardian of the Person and 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 the 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 in addition, filed [his/her] own Application for Appointment of Guardian]. The contest remains unresolved.
4.Pursuant to section 1251.051 of the Texas Estates Code, if an application to convert a temporary guardianship to a permanent guardianship is challenged or contested, this Court may appoint a temporary guardian whose term expires after sixty days from the original date of appointment of the temporary guardian, at the hearing to appoint a permanent guardian, or on the date a permanent guardian appointed by the court qualifies to serve, whichever is later.
5.[Name of movant] brings this Motion to Extend Temporary Guardianship Pending Contest in good faith and for just cause. Movant requests that the Court find Movant and [his/her] attorney[s] have acted in good faith and for just cause in matters relating to this motion and that [his/her] attorney’s fees and expenses related to the extension of the requested guardianship be approved and paid out of Ward’s guardianship estate.
[Name of movant], the temporary guardian of the person and estate of [name of ward], an incapacitated person, prays that this temporary guardianship be extended pursuant to section 1251.051 of the Texas Estates Code; that [name of movant] remain as temporary guardian of the person and estate of Ward pending contest; 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]
|
Include the following if applicable. While not mandatory, some courts require that these applications be verified. |
VERIFICATION
State of Texas)
COUNTY OF [county] )
BEFORE ME, the undersigned notary public, on this day personally appeared [name], who being by me duly sworn on [his/her] oath deposed and said that [he/she] has read the above and foregoing [title of document] [and exhibits] and that the matters contained therein are within [his/her] personal knowledge and are true and correct.
SWORN TO AND SUBSCRIBED BEFORE ME on ______________________________.
Notary Public, State of Texas
Certificate of Service
I certify that a true copy of this [title of document] was served in accordance with rule 21a of the Texas Rules of Civil Procedure.
SIGNED on ________________________________.
[Name of attorney]