Form 4-3

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

Application for Appointment of Guardian of
Person and Estate of Minor

[Name of applicant], Applicant, files this Application for Appointment of Guardian of Person and Estate of Minor pursuant to section 1101.001 of the Texas Estates Code on behalf of [name of proposed ward], Proposed Ward, and shows the Court the following:

1.Proposed Ward is a minor [male/female], whose birthday is [date of birth]. Pro­posed Ward resides at [address, city, county] County, Texas, [and/but] may be served with citation at [that address/[address, city, county] County, Texas].

2.Applicant is the [relationship] of Proposed Ward and resides at [address, city, county] County, Texas. Applicant desires to be appointed guardian of the person and estate of Proposed Ward. Applicant is eligible to receive letters of guardianship and is entitled to be appointed.

3.Guardianship of the person and estate of Proposed Ward is sought.

4.This Court has jurisdiction and venue over these proceedings because [one of] Proposed Ward’s parent[s] reside[s] in [county] County, Texas.

5.Persons to be served by personal citation pursuant to section 1051.103 of the Texas Estates Code are [specify names and addresses].

6.Persons to receive notice by certified mail, return receipt requested, pursuant to section 1051.104 of the Texas Estates Code are [specify names and addresses].

7.Proposed Ward is a minor person who is incapable of caring for [himself/herself], unable to manage [his/her] property and financial affairs, and without a legal guardian of [his/her] person and estate. It is necessary and will be advantageous for Proposed Ward to have a guardian of [his/her] person and estate appointed to manage, control, protect, and prevent waste of the assets of [his/her] estate and to provide for the care and attention of Proposed Ward.

8.Alternatives to guardianship and available supports and services to avoid the guardianship were considered. No alternatives or supports and services are available to Pro­posed Ward or are feasible to avoid the need for a guardianship.

9.Approximate values and descriptions of Proposed Ward’s property are listed in Exhibit [exhibit number/letter], attached to and incorporated in this application.

10.The requested term of this guardianship is until Proposed Ward reaches majority.

11.The specific facts that require a guardian to be appointed and Applicant’s interest in the appointment are [insert facts supporting necessity for guardianship].

12.The names and addresses, to the best of Applicant’s knowledge, of Proposed Ward’s parents, siblings, and of Proposed Ward’s next of kin who are adults are [specify names, relationships, and addresses]. [Include if applicable: The ages of the siblings are [specify names and ages]. [List any parent or sibling who is deceased.]]

13.Proposed Ward has not been the subject of a legal or conservatorship proceeding within the preceding two years.

13.Proposed Ward has been the subject of a legal or conservatorship proceeding within the preceding two years and [state disposition, including court involved, nature of pro­ceeding, and final disposition].

14.No guardianship for Proposed Ward exists in this or any other state.

15.Applicant has brought this application in good faith and for just cause in the filing and prosecution of this application and requests [his/her] fees from Proposed Ward’s estate under section 1155.054 of the Texas Estates Code.

Applicant prays that notice of this application be given as required by law; that Pro­posed Ward be personally served with citation to appear and answer this application; that [an attorney/a guardian/an attorney and guardian] ad litem be appointed to represent Proposed Ward; that on hearing Applicant be appointed guardian of the person and estate of Proposed Ward; that letters of guardianship be issued to [name of applicant] on [his/her] taking the oath and giving bond as required by law; and for all further relief to which Applicant may be enti­tled.

Respectfully submitted,

   
[Name]
Attorney for Applicant
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]

VERIFICATION

State of Texas)

COUNTY OF [county]   )

BEFORE ME, the undersigned notary public, on this day personally appeared [name], who being by me duly sworn on [his/her] oath deposed and said that [he/she] has read the above and foregoing [title of document] [and exhibits] and that the matters contained therein are within [his/her] personal knowledge and are true and correct.

   

SWORN TO AND SUBSCRIBED BEFORE ME on ______________________________.

   
Notary Public, State of Texas