[Caption. See § 3 of the Introduction in this manual.]
Order Appointing Nonresident Guardian
of Nonresident Ward’s Estate
On [date], the Court considered the Application for Appointment of Nonresident Guardian of Nonresident Ward’s Estate.
The Court, having read the Application and having received and reviewed the transcripts of the proceeding in Cause No. [number] that found [name of nonresident ward] to be an incapacitated person and appointed [name of nonresident guardian] to be the guardian of the estate of [name of nonresident ward], Ward, without bond and limitation, hereby enters the following findings of fact:
1.This Court has jurisdiction and venue to appoint a permanent guardian of the estate of [name of nonresident ward].
2.[Name of nonresident ward] has been adjudicated as an incapacitated person by the [name of foreign court].
3.It is in the best interest of [name of nonresident ward] and [his/her] estate to have the Court appoint [name of nonresident guardian] as guardian of the estate of [name of nonresident ward] in this county for the limited purpose of liquidating certain real property located in [county] County, Texas, generally described as [address, city, county] County, Texas, and is described and valued as [legal description and valuation of property].
4.[Name of nonresident guardian] has previously qualified as guardian of the estate of [name of nonresident ward] in the [name of foreign state] proceeding and is eligible to act as and to be appointed guardian of the estate of [name of nonresident ward] pursuant to sections 1252.051–.055 of the Texas Estates Code.
5.[Name of nonresident ward]’s property will be protected by the appointment of a nonresident guardian of the estate.
6.[Name of nonresident guardian] has filed an appointment of resident agent as required by section 1252.052 of the Texas Estates Code.
7.All other requirements of sections 1252.051–.055 of the Texas Estates Code have been satisfied.
IT IS ORDERED that
1. [Name of nonresident guardian] is hereby appointed permanent guardian of the estate of [name of nonresident ward] and is hereby granted the following specific duties and powers to act in Ward’s behalf:
a.The power to manage, maintain, repair or insure property, real, personal, or mixed, tangible or intangible, or any interest therein owned by [name of nonresident ward] in [county] County, Texas.
b.The power to liquidate, with prior permission from the Court, [name of nonresident ward]’s real and personal property located in [county] County, Texas, and, on approval by the Court, transfer the proceeds of sale to the [name of foreign state] proceeding.
2.The guardian of the estate appointed is ordered to swear an oath that it will faithfully discharge the duties of guardian of the estate of Ward.
3.The guardian of the estate shall give good and adequate corporate surety bond in the amount of $[amount] as is conditioned by law.
4.On the guardian of the estate’s filing its oath and approval of the guardian’s bond as is required that the clerk of the Court shall issue to the guardian of the estate letters of guardianship.
5.The guardian of the estate shall file an inventory and appraisement of the estate of [name of nonresident ward] located in [county] County, Texas, and otherwise comply with all applicable provisions of the Texas Estates Code with respect to the handling and settlement of estates by resident guardians.
SIGNED on______________________________.
JUDGE PRESIDING