[Caption. See § 3 of the Introduction in this manual.]
Application for Appointment of Guardian of
[Person/Estate/Person and Estate]
[Adult, Partial Incapacity]
[Name of applicant], Applicant, files this Application for Appointment of Guardian of [Person/Estate/Person and Estate] 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 an adult [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].
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Select one of the following. |
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/estate/person and estate] of Proposed Ward. Applicant is eligible to receive letters of guardianship and is entitled to be appointed.
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Or |
2.Applicant is not related to Proposed Ward and resides at [address, city, county] County, Texas. Applicant is a private professional guardian who is certified under subchapter C of chapter 155 of the Texas Government Code and has complied with the requirements of sections 1104.302 and 1104.303 of the Texas Estates Code. Applicant desires to be appointed guardian of the [person/estate/person and estate] of Proposed Ward. Applicant’s taxpayer identification number is [number].
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Continue with the following. |
3.Guardianship of the [person/estate/person and estate] of Proposed Ward is sought.
4.This Court has jurisdiction and venue over these proceedings because [select one or both of the following: Proposed Ward resides in [county] County, Texas/[and] Proposed Ward’s principal assets are located 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 appropriate names and addresses of parties named in Code section 1051.104].
7.Proposed Ward is currently [incapacitated to care for [himself/herself]/unable to manage [his/her] property and financial affairs] and without a legal guardian of [his/her] [person/estate/person and estate]. It is necessary and will be advantageous for Proposed Ward to have a guardian of [his/her] [person/estate/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 for such time as Proposed Ward’s medical condition necessitates the guardianship.
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 nature and degree of Proposed Ward’s incapacity are set forth in a [letter/certificate] from [his/her] treating physician, [name of physician], M.D., attached hereto and incorporated in this application as Exhibit [exhibit number/letter].
13.The specific areas of protection and assistance being requested are [specify].
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Note: Only those powers specifically granted may be exercised. It is important to be detailed, explicit, and precise based on the circumstances of the case. |
14.The limitations that Applicant requests the Court to impose on Proposed Ward’s rights are [specify].
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Note: In addition to specifically listing other limitations, the application must include (if desired as relief) a request to limit the proposed ward’s right to vote, to make personal decisions regarding his/her residence, and to operate a motor vehicle. Tex. Est. Code § 1101.001(b)(4)(A), (b)(4)(B). |
15.No guardianship for Proposed Ward exists in this or any other state.
16.The [person/institution] having care and custody of Proposed Ward and [who/which] is required by law to receive notice by certified mail, return receipt requested, is [specify name and address].
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Select one of the following. |
17.Applicant is not aware of any person or institution that holds a power of attorney signed by Proposed Ward.
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Or |
17.[Name] holds a [general/durable/limited] power of attorney signed by Proposed Ward.
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If applicable, include a paragraph seeking to pay expenses, depending on local practice, for items such as a nursing home and request in proper form permission to pay them before inventory out of the principal and income of the estate. See Tex. Est. Code §§ 1101.152(b)(3),1156.001. |
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Continue with the following. |
18.The names and addresses, to the best of Applicant’s knowledge, of Proposed Ward’s spouse, parents, siblings, and children or, if none living, of Proposed Ward’s next of kin who are adults are [specify names and addresses]. [Include if applicable: The ages of the siblings and children are [specify names and ages]. [List any parent, child, spouse, or sibling who is deceased.]]
19.Applicant brings this application in good faith and for just cause and requests payment of attorney’s fees and expenses from Proposed Ward’s estate as allowed by 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/estate/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; [include if applicable: that Applicant be allowed to pay the expenses listed above;] 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
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Attach exhibit(s). |