This form may be used to challenge the standing or qualification of an individual seeking appointment as a guardian or to contest the standing of an individual contesting a guardianship on the basis that the individual has an interest adverse to the proposed ward.
[Caption. See § 3 of the Introduction in this manual.]
Motion in Limine
[Name of movant], Movant, files this Motion in Limine under section 1055.001(c) of the Texas Estates Code and shows the Court the following:
1.Movant seeks appointment as the guardian of the person and estate of [name of proposed ward], Proposed Ward, in this guardianship cause.
2.[Name of person with adverse interest], Applicant, lacks standing in this guardianship cause pursuant to section 1055.001(b) of the Texas Estates Code. [State the basis for adverse interest, e.g., Applicant is indebted to Proposed Ward, has made adverse claims against [him/her] and [his/her] estate, and has claimed the ownership of certain assets belonging to Proposed Ward and threatened to sue Proposed Ward.]
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Include the following if challenging the qualification of an individual seeking appointment as guardian. |
3.Furthermore, Applicant is disqualified to serve as Proposed Ward’s guardian pursuant to subchapter H, chapter 1104 of the Texas Estates Code. [State any additional basis for disqualification, e.g., Applicant is unsuitable, and Proposed Ward has expressly disqualified Applicant from serving as guardian of either his person or estate. A copy of Proposed Ward’s declaration of guardian in the event of later incompetence or need of guardian is attached as Exhibit [exhibit number/letter] and incorporated by this reference.]
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Continue with the following. |
4.Proposed Ward requests the Court find as a matter of law that Applicant lacks standing to appear in this guardianship cause to contest any application for appointment of guardian of the person and estate of [name of proposed ward] or seek appointment as [his/her] permanent guardian, as Applicant has an interest adverse to Proposed Ward. Movant requests these determinations be made before any additional costs are incurred in determining the necessity of a guardian or who is to be appointed.
Movant, [name of movant], requests this Court grant Movant’s Motion in Limine and determine that Applicant, [name of person with adverse interest], has an interest adverse to [name of proposed ward] and strike Applicant’s pleadings in this cause. Movant prays for all other relief to which Movant may be entitled.
Respectfully submitted,
[Name]
Attorney for Movant
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]
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]
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Attach exhibit(s). |