Form 10-1

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

Application for Appointment of Temporary Guardian Pending Contest

[Name of applicant], Applicant, files this Application for Appointment of Temporary Guardian Pending Contest on behalf of [name of proposed ward], Proposed Ward, and shows the Court the following:

1.Proposed Ward, the person for whom the appointment of a guardian is sought, is [an adult [male/female]/a minor] whose date of birth is [date of birth] and who currently resides at [address, city, county] County, Texas, [and/but] who may be served with citation at [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 temporary guardian of the person and estate of Proposed Ward pending contest. [He/She] is eligible to receive letters of guard­ianship and is entitled to be appointed.

3.This Court has jurisdiction and venue over these proceedings because Proposed Ward resides in [county] County, and the principal part of Proposed Ward’s property is situ­ated in [county] County.

4.[It is alleged that] Proposed Ward is totally incapacitated.

5.   Proposed Ward has stated that [he/she] prefers that Applicant serve as guardian as authorized by the Texas Estates Code. [Include the following if applicable: The court investiga­tor has stated in [his/her] report that Proposed Ward wants Applicant to serve as [his/her] guardian.]

6.Applicant requests the Court give due consideration to Proposed Ward’s prefer­ence pursuant to section 1104.002 of the Texas Estates Code. Applicant requests appointment and is qualified to be appointed as temporary guardian of Proposed Ward pending contest.

7.Alternatively, Applicant requests that a qualified neutral third party be appointed temporary guardian of the estate pending contest and that Applicant be appointed temporary guardian of the person pending contest of Proposed Ward.

8.A necessity exists for the appointment of a temporary guardian of Proposed Ward pending contest. [Describe the reason for appointment of a temporary guardian, e.g., Although Proposed Ward’s incapacity has been admitted by all parties except the attorney ad litem, a contest has been filed to Applicant’s right to serve, delaying the appointment of a permanent guardian.]

9.Substantial evidence exists that Proposed Ward’s physical well-being may be impaired and that Proposed Ward’s estate may be wasted, as enumerated more specifically in the paragraphs below.

10.Proposed Ward is unable to make reasonable and informed decisions concerning [his/her] health or estate. [Describe supporting documentation, e.g., In support of the immedi­ate need for the appointment of a guardian, Applicant attaches the physician’s [letter/certificate] of [name of doctor], Applicant’s expert, as Exhibit [exhibit number/letter], and the physician’s [letter/certificate] of [name of doctor], the attorney ad litem’s expert, as Exhibit [exhibit number/letter].]

11.This Court should appoint a temporary guardian of the estate pending contest to insure that Proposed Ward’s interests are adequately represented.

12.The limited powers and authority that Applicant requests the Court grant are—

a.to take control of Proposed Ward’s financial affairs to determine the status and extent of [his/her] assets;

b.to take possession of Proposed Ward’s assets and financial documents wher­ever located, including the contents of Proposed Ward’s safe-deposit boxes;

c.to collect the proceeds of any insurance policies, any annuity contracts, and Social Security proceeds that are owed to Proposed Ward;

d.to file any necessary income tax return for Proposed Ward during the tempo­rary guardianship, to pay any income taxes owed, and to prepare and file any inventories (and any other reports) in any Court having jurisdiction of Pro­posed Ward’s estate or in connection with those tax returns;

e.to pay all ad valorem taxes owed by Proposed Ward; and

f.to make expenditures to protect Proposed Ward’s property and to apply to this Court for authority to pay from funds of the Proposed Ward’s estate expenses of the temporary guardianship.

13.The powers and authority that Applicant requests the Court to grant are—

a.to make medical decisions and engage the services of any medical care pro­viders for the care and benefit of Proposed Ward, as allowed by the Texas Estates Code[./; and]

b.   to provide food, clothing, and shelter for Proposed Ward, including arranging for care at [name of nursing facility].

14.No one has legal authority to consent to medical treatment, as Proposed Ward is incapable of giving informed consent, and no one is authorized to collect life insurance pro­ceeds or Social Security benefits on Proposed Ward’s behalf.

15.Applicant brings this Application for Appointment of Temporary Guardian Pend­ing Contest in good faith and for just cause. Applicant requests that the Court find Applicant and [his/her] attorneys have acted in good faith and for just cause in matters relating to this application and that [his/her] attorney’s fees and expenses related to the establishment of the requested guardianship be approved and paid out of Proposed Ward’s guardianship estate.

Applicant prays that this Court appoint [name of applicant] temporary guardian pending contest of the person and estate of [name of proposed ward], pending the outcome of the con­test or, in the alternative, that this Court appoint [name of applicant] temporary guardian pend­ing contest of the person of [name of proposed ward] and a qualified neutral third party temporary guardian pending contest of the estate of [name of proposed ward]; that the appointment of the attorney ad litem be continued; that a time for a hearing on this application be set; that attorney’s fees be awarded against Proposed Ward’s estate; that a trial on the per­manent guardianship be set; that notice and citation be issued as required by law; and for all other 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

Certificate of Service

I certify that a true copy of this [title of document] was served in accordance with rule 21a of the Texas Rules of Civil Procedure.

SIGNED on ________________________________.

   
[Name of attorney]