Form 13-1

The Texas Estates Code does not indicate what is required to be included in an application to transfer a guardianship to a foreign jurisdiction. This form is provided as an example only and should be modi­fied as needed to conform to the facts of the particular case. See section 13.3:1 in this chapter.

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

Motion to Transfer Ward and Cause to [name of foreign county] 

under Texas Estates Code Section 1253.001

[Name of guardian], Movant, court-appointed permanent guardian of the person and estate of [name of ward], Ward, pursuant to section 1253.001 of the Texas Estates Code, requests that this Court approve the transfer of [name of ward] and this cause to [county] County, [foreign state], and would respectfully show as follows:

1.On [date], this Court established this guardianship matter for the benefit of [name of ward], an adult [male/female] [age] years of age, whose date of birth is [date of birth]. [Name of ward] has resided at [foreign address, city, county] County, [state], since [date]. [Name of attorney ad litem] is the attorney ad litem for Ward in this proceeding. Movant qual­ified as guardian of [name of ward] by posting a $ [amount] corporate surety bond on [date].

2.Ward has expressed [his/her] preference to move to [foreign state]. Movant moved Ward on [date] to Movant’s residence at [foreign address, city, county] County, [state]. Movant believes that it would be in the best interest of [name of ward] for this cause to be transferred to a Court of competent jurisdiction in [foreign state].

3.Notice of this application to transfer the guardianship under section 1253.001 of the Texas Estates Code will be served personally on [name of ward], to [name of attorney ad litem], and notice will be provided to the [name of foreign court] at [address of foreign court, city, county] County, [state].

Movant has conferred with [name of foreign court] in [foreign state], which has con­firmed the Court is willing to accept the transfer of this cause. Movant requests that the clerk transmit the Court transcript and record to the receiving Court.

Movant respectfully requests that this Court find that this transfer is in the best interest of Ward and approve the transfer of this cause and [name of ward] to [foreign state], and that he be granted all other relief to which he may be entitled.

Respectfully submitted,

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

 

Verification

“My name is [name of guardian], and I am the movant in the above entitled and num­bered cause. I have read and examined the foregoing Motion to Transfer Ward and Cause to [county] under Texas Estates Code Section 1253.001, which is to be filed in this cause, and all the allegations contained therein are true and correct to the best of my knowledge.”

   
[Name of affiant]

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 to Transfer Ward and Cause to [name of county/foreign state] under Section 1253.001 of the Texas Estates Code] 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]