Form 10-2

[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. 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 application and that [his/her] attorney’s fees and expenses related to the establishment 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.

   
[Name]
Attorney for Movant
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]

BEFORE ME, the undersigned authority, on this day personally appeared [name of applicant], the applicant in the foregoing Application for Appointment of Temporary Guard­ian Pending Contest, known to me to be the person whose name is subscribed to the above and foregoing application, and on [his/her] oath stated that the application contains a correct and complete statement of the matters to which it relates and all the contents thereof are true, com­plete, and correct to the best of applicant’s knowledge.

   
[Name of applicant]

SIGNED under oath before me on ______________________________.

   
Notary Public, State of Texas

Certificate of Service

I certify that in accordance with the Texas Rules of Civil Procedure I served a true and correct copy of [title of document, e.g., Motion for Leave to Resign as Guardian] on the parties listed below. This service was made by [method of service, e.g., certified mail, properly addressed, return receipt requested, in a postpaid envelope deposited with the United States Postal Service].

SIGNED on ________________________________.

   
[Name of attorney]