Form 10-3

[Caption. See § 3 of the Introduction in this manual.]

Order Extending Temporary Guardianship Pending Contest

On [date] the Court considered the motion of [name of movant], temporary guardian of the person and estate of [name of proposed ward], an incapacitated person, to extend the tem­porary guardianship pending contest pursuant to section 1251.051 of the Texas Estates Code. The Court finds that it is necessary to extend the temporary guardianship and that [name of movant] should remain as temporary guardian of the person and estate of [name of proposed ward], an incapacitated person.

IT IS THEREFORE ORDERED that [name of movant] is appointed as temporary guardian of the person and estate of [name of proposed ward] pending contest, pursuant to section 1251.051 of the Texas Estates Code.

IT IS FURTHER ORDERED that the temporary guardian shall have the limited powers—

1.to take control of [name of proposed ward]’s financial affairs to determine the sta­tus and extent of [his/her] assets;

2.to take possession of [name of proposed ward]’s assets and financial documents wherever located, including the contents of [his/her] safe-deposit boxes;

3.to collect the proceeds of any insurance policies, any annuity, contracts, and Social Security proceeds that are owed to [name of proposed ward];

4.to file any necessary income tax return for [name of proposed ward] during the temporary guardianship and to pay any income taxes owed and to prepare and file any inven­tories (and any other reports) in any Court having jurisdiction of [name of proposed ward]’s estate or in connection with those tax returns;

5.to pay all ad valorem taxes owed by [name of proposed ward]; and

6.to make expenditures to protect [name of proposed ward]’s property and to apply to this Court for authority to pay from funds of [name of proposed ward]’s estate expenses of the temporary guardianship.

IT IS FURTHER ORDERED that the temporary guardian shall have the powers and authority—

1.to make medical decisions and engage the services of any medical care providers for the care and benefit of [name of proposed ward], as allowed by the Texas Estates Code[./; and]

2.to provide food, clothing, and shelter for [name of proposed ward], including arranging for care at [name of nursing facility].

IT IS FURTHER ORDERED that [name of movant]’s bond as temporary guardian of the person and estate of [name of proposed ward] shall remain in effect during the pending contest.

SIGNED on ________________________________.

   
JUDGE PRESIDING

APPROVED:

   
[Name]
Attorney for Movant
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]