[Caption. See § 3 of the Introduction in this manual.]
Order Appointing Attorney Ad Litem
(Tex. Est. Code § 1054.001)
On [date] the Court considered [name of movant]’s Motion for Appointment of Attorney Ad Litem in accordance with section 1054.001 of the Texas Estates Code. The Court finds that it is in the interest of [name of proposed ward], Proposed Ward, that an attorney ad litem be appointed to represent the interests of Proposed Ward in these proceedings.
The Court appoints [name of attorney], an attorney licensed to practice before this Court and certified by the State Bar of Texas, as attorney ad litem to advocate the interests of Proposed Ward before the Court in these guardianship proceedings.
IT IS ORDERED that [name of attorney], as attorney ad litem, be entitled to reasonable compensation for [his/her] services, to be set by the Court and taxed as a part of the costs of these proceedings, and ordered paid in accordance with the applicable law.
IT IS FURTHER ORDERED that, pursuant to Texas Estates Code sections 1054.003 and 1054.004 and pursuant to HIPAA Regulations (45 C.F.R. section 164.512(e)(1)(i)), the above attorney ad litem is authorized and entitled to review and be supplied with copies of all certificates of current physical, medical, and intellectual examinations and have access to all of [name of proposed ward]’s relevant medical, psychological, and intellectual testing records. This means that a health-care organization or physician presented with this order shall give the attorney ad litem complete access to [name of proposed ward]’s protected health information. The attorney ad litem is further authorized to discuss with the physician or health-care provider any matters relating to [name of proposed ward]’s health-care records and [name of proposed ward]’s care, treatment, diagnosis, and needs.
IT IS FURTHER ORDERED that [name of attorney] be given access to all of [name of proposed ward]’s relevant financial, medical, psychological, and intellectual testing records.
SIGNED on ________________________________.
JUDGE PRESIDING
APPROVED AS TO FORM:
By:
Attorney for Movant
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]