The Texas Estates Code does not require proof of facts, although some courts require the filing of written proof at the hearing appointing the guardian.
Proof of Facts
[Adult]
On this day the undersigned affiant appeared personally in open court and, after being duly sworn, stated under oath:
“My name is [name of affiant], and my address is [address, city, state].
“[Name] is an incapacitated person as defined in section 1002.017 of the Texas Estates Code. [He/She] is an adult [male/female], [age] years old, a resident of this county, and totally without capacity.
“Proposed Ward was not present because it would not be in the best interests of Proposed Ward to attend the hearing, and Proposed Ward would not be able to materially participate in the hearing at this time.
“The proposed guardian, [name of proposed guardian], is a suitable person to be appointed as guardian and is not disqualified by law from accepting letters of guardianship or from serving as such and is entitled to such letters.
“Alternatives to guardianship and supports and services to avoid the guardianship were considered, but none were available or feasible to avoid the need for a guardianship. [Include additional details and list specific alternatives considered, if appropriate.]
“No guardianships of any kind exist for the proposed ward in this or any other state.”
[Name of affiant]
[Address, city, state]
SIGNED under oath before me on ______________________________.
Notary Public, State of Texas