Form 4-12

This order for limited guardianship contemplates that there will be a limited guardianship over both person and estate. If the scope of the limited guardianship is limited to only the person or only the estate, the order should be revised accordingly.

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

Order Appointing Permanent Guardian of Person
and Estate with Limited Authority

On [date] the Court heard the Application for Appointment of Permanent Guardian of Person and Estate of [name of ward], Ward, [a minor/an incapacitated person], filed in this proceeding by [name of applicant], Applicant, under the authority of sections 1101.001 and 1101.152–.153 of the Texas Estates Code. Applicant appeared in person and through [his/her] attorney of record, [name of attorney]. The Court finds that [name of ward], Ward, appeared in person and through [his/her] attorney ad litem, [name of attorney].

After hearing all evidence and testimony of witnesses in support of the application, no contest or opposition having been asserted, the Court finds by clear and convincing evidence the following:

Ward is an incapacitated person, without capacity to—

1.care for [himself/herself];

2.manage [his/her] property;

3.operate a motor vehicle;

4.make personal decisions regarding [his/her] residence; or

5.vote in a public election.

It is in the best interests of Ward to have a permanent guardian of the person and estate with limited authority.

Alternatives to guardianships and supports and services available to Ward that would avoid the need for the appointment of a guardian have been considered and determined not to be feasible.

The rights of Ward will be protected by the appointment of a guardian.

The Court further finds by a preponderance of the evidence the following:

This Court has venue and jurisdiction of this proceeding and of all necessary parties, that citation and notice have been given in the manner and for the length of time required by law, and that no one has contested the application.

Applicant is eligible to act as guardian, is entitled to be appointed as such, and is not disqualified by law.

Ward is an incapacitated person, as indicated by [his/her] mental and physical limita­tions and as evidenced by recurring acts within the preceding six months and continuing to this date.

The guardianship is not created for the primary purpose of enabling Ward to establish residency for enrollment in a school or school district in which Ward is not otherwise eligible for enrollment.

Applicant has acted in good faith in the filing and prosecution of the application for guardianship.

IT IS ORDERED that [name of applicant] is appointed permanent guardian of the per­son and estate with limited authority of [name of ward] and shall exercise all the powers, rights, and duties, both general and specific, that are given to a guardian of the person and estate in title 3 of the Texas Estates Code, subject to further orders of this Court.

The specific powers granted to the guardian by this Order are limited to—

1.the right to have physical possession of Ward and to establish Ward’s legal domi­cile;

2.the power to arrange for Ward’s food and housing needs;

3.the power to apply for, to arrange, and to consent to any and all medical and dental care, including but not limited to medical tests, examinations, and the administration of medi­cation, as required and needed by Ward;

4.the power to apply for, to arrange, and to consent to any and all psychological tests and evaluations that may be needed by Ward other than the inpatient psychiatric commitment of Ward;

5.the power to apply for and receive funds from state or federal government sources for Ward’s benefit;

6.the power to apply for and secure governmental services for Ward;

7.the power to apply for and to secure an identification card for Ward;

8.the power to consent to the disclosure of Ward’s confidential records; and

9.the power to execute all documents necessary to facilitate employment.

IT IS FURTHER ORDERED that [name of ward] will no longer have the right to—

1.vote in a public election;

2.own, possess, or purchase a firearm;

3.make personal decisions regarding residence; and

4.hold or obtain a license to operate a motor vehicle under chapter 521 of the Texas Transportation Code.

IT IS FURTHER ORDERED that [name of ward] retains the right to—

1.vote in a public election;

2.own, possess, or purchase a firearm;

3.make personal decisions regarding residence; and

4.hold or obtain a license to operate a motor vehicle under chapter 521 of the Texas Transportation Code.

IT IS FURTHER ORDERED that the clerk of the Court shall prepare and transmit an abstract of judgment for this proceeding to the [name of county] County Voter Registrar and to the Texas Department of Public Safety.

IT IS FURTHER ORDERED that the clerk of the Court shall report to the Texas Department of Public Safety pursuant to Texas Government Code sections 411.052 and 411.0521.

IT IS FURTHER ORDERED that [name of applicant] post a corporate surety bond in the amount of $[amount] in the time required by law.

IT IS FURTHER ORDERED that this order does not constitute authority for [name of applicant], the guardian of the person and estate, to act as guardian until [he/she] has qualified according to law by filing an oath with the [name of county] County clerk’s office, posting the required corporate surety bond, and having the bond approved by the judge. On qualification as guardian, the [name of county] County clerk will issue letters of guardianship, with a certi­fied copy of this order attached, that will be evidence to all concerned of [name of applicant]’s authority to act as guardian of the person and estate of Ward, and that the letters of guardian­ship shall expire one year and four months after the guardian’s date of qualification unless renewed according to law.

IT IS FURTHER ORDERED that within twelve months from the date of qualification, and annually thereafter, [name of applicant] will submit to the Court an annual report of the person.

IT IS FURTHER ORDERED that pursuant to chapter 1156 of the Texas Estates Code, Guardian is allowed to expend a monthly allowance of $[amount] from the income or princi­pal of [name of ward] for Ward’s care and maintenance and maintenance of Ward’s property.

IT IS FURTHER ORDERED that [name of applicant] will submit to the Court no later than thirty days after qualification as guardian an inventory and appraisement pursuant to chapter 1154 of the Texas Estates Code.

IT IS FURTHER ORDERED that [name of attorney], attorney ad litem representing the interests of Ward, is awarded the amount of $[amount] for reasonable and necessary services as attorney ad litem, to be taxed as costs, and to be paid from funds held on deposit with the County clerk for such purpose, with any balance due to be paid by Ward’s estate within thirty days of the date of this order. The attorney ad litem is hereby discharged from further respon­sibility in this case.

IT IS FURTHER ORDERED that the term of this guardianship shall be until Ward is restored to full capacity, dies, or until the Court determines this matter shall be terminated.

IT IS FURTHER ORDERED that the Court finds that [name of applicant] has brought this application in good faith and with just cause for the purpose of having a guardian appointed.

Notice to any peace officer of the state of Texas: You may use reasonable efforts to enforce the right of a guardian of the person of a ward to have physi­cal possession of the ward or to establish the ward’s legal domicile as specified in this order. A peace officer who relies on the terms of a court order and the officer’s agency are entitled to the applicable immunity against any civil or other claim regarding the officer’s good faith acts performed in the scope of the officer’s duties in enforcing the terms of this order that relate to the above-mentioned rights of the court-appointed guardian of the person of the ward. Any person who knowingly presents for enforcement an order that is invalid or no longer in effect commits an offense that may be punishable by confinement in jail for as long as two years and a fine of as much as $10,000.

SIGNED on ________________________________.

   
JUDGE PRESIDING