The Texas Estates Code does not indicate what must be included in an application for receipt and acceptance of a foreign guardianship except that a certified copy of all papers of the guardianship filed and recorded in the foreign court must be attached to the application. This form is provided as an example only and should be modified as needed to conform to the facts of the particular case. See section 13.3:2 in this chapter.
[Caption. See § 3 of the Introduction in this manual.]
Application for Receipt and Acceptance
of Foreign Guardianship
[Name of applicant], Applicant, files this Application for Receipt and Acceptance of Foreign Guardianship pursuant to sections 1253.051–.056 of the Texas Estates Code with respect to [name of ward], Ward, and subject to a guardianship in [county] County, [foreign state], and shows in support:
1.Guardian’s Notice to Ward and Foreign Court. [Name of ward], an incapacitated person, is currently a resident of [county] County, Texas, as he resides at [address, city, county] County, Texas, and will be personally served with the Application for Receipt and Acceptance of Foreign Guardianship pursuant to sections 1253.051–.056 of the Texas Estates Code. The [name of foreign court] will be given notice of this Application by delivery of a file marked copy of the same to [name of foreign court, address, city, county] County, [state].
2.Best Interest. Applicant requests that this Court find that the receipt and acceptance of the guardianship from the foreign court to this Court is in the best interest of Ward. Applicant is the [relationship] of Ward and guardian of [his/her] person and estate in [foreign state]. Ward has resided in [county] County, Texas, since [date], and, therefore, it is necessary to transfer the foreign guardianship to [county] County, Texas. The receipt and transfer of the foreign guardianship is not a collateral attack on an existing or proposed guardianship in another jurisdiction in Texas or another state, and the Application has been filed in the Court that is best suited to consider the matter.
3.Ward’s Incapacity. Applicant asks this Court to give full faith and credit to the provisions of the foreign guardianship order concerning the determination of Ward’s incapacity and the rights, powers, and duties of the guardians. Certified copies of the petition for guardianship of the estate, letter of guardianship, and referee report are on file with this application.
4.Type of Guardianship. Applicant seeks guardianship of the person and the estate of Ward in Texas. Applicant believes that a guardian of the person and estate is necessary for the protection and welfare of Ward and requests that [name of applicant] be appointed guardian of the person and estate to handle the personal and financial affairs of Ward.
5.Proposed Guardian. Applicant requests that [name of applicant] be appointed guardian of the person and estate of [name of ward] to assist [him/her] in managing [his/her] estate and personal affairs. Applicant is the [relationship] of [name of ward]. Applicant’s address is [address, city, county] County, Texas. Applicant is not disqualified by law to serve as guardian for Ward.
6.Venue. This Court has venue of this proceeding because [name of ward] resides in this county.
7.Duties and Powers of Guardian of the Person. Applicant alleges that Ward has previously been adjudicated to be totally incapacitated and is unable to properly manage [his/her] personal affairs and estate. As a result of these incapacities, Applicant requests that the guardian of the person be granted the following powers:
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The following are examples. |
a.The authority to take charge of the person of Ward.
b.To review, to take possession of and to consent to the disclosure of Ward’s medical or dental records.
c.To apply for, arrange for, and consent to all psychological, psychiatric, or medical examinations, tests, or evaluations for Ward.
d.To consent to or object to medical and dental treatment for Ward, including surgery.
e.To apply for, to consent to, and to enroll Ward in nonresidential aging or Alzheimer’s programs and services that are reasonably required and needed by Ward and that are operated by public and private agencies and facilities.
f.To make application for and to enroll Ward in private and public residential care facilities.
g.To place Ward in an appropriate living and treatment environment, including but not limited to a hospital, a nonresidential, private or public twenty-four-hour care facility or nursing home facility.
h.To apply for and employ nurses, sitters, caregivers, therapists, and other persons to assist Ward.
i.To have possession and control of Ward and to deny anyone access to Ward if such is in [his/her] best interest.
j.To hire and discharge doctors, psychiatrists, nurses, nurses’ aids, and other health care providers providing services to Ward.
k.The authority to affirm or revoke the advanced directive previously executed by Ward as may be in [his/her] best interest and to communicate that affirmation or revocation to Ward’s treating physicians.
l.To retain and discharge caretakers for Ward and to monitor and control access of third parties to him.
m.To give permission and sign releases for the inspection and dissemination of confidential legal, medical, financial, and other information and records to third parties.
n.To apply for and secure an identification card, social security card or other identification documents for Ward.
o.To control the delivery and receipt of Ward’s mail.
p.The authority to do such other and further acts concerning Ward as the Court may from time to time direct by express authorization through written order of the Court.
8.Duties and Powers of Guardian of the Estate. Applicant alleges that Ward has previously been adjudicated to be totally incapacitated, and is unable to properly manage [his/her] personal affairs and [his/her] estate. As a result of these incapacities, Applicants request that the guardian of the estate be granted the following powers:
a.To possess and manage the properties of Ward, including all bank accounts, securities accounts, annuities, and other investments of Ward, to have possession and management of Ward’s personal possessions, and to have total access to all records of Ward.
b.To take possession of Ward’s cash on hand or on deposit; Ward’s stocks, bonds, or other securities; and Ward’s accounts at financial institutions or at stock or brokerage firms and to open new accounts and to be the authorized signatory on such accounts.
c.To collect debts, rentals, wages, or other claims due Ward.
d.To pay, compromise, or defend claims against Ward, subject to court approval.
e.To represent Ward in any legal action, subject to court approval.
f.To contract and to incur other obligations on Ward’s behalf and to renew and extend any obligations, subject to court approval.
g.To collect and give receipt for any monies, rents, dividends, interest, trust proceeds, and all other types of income payable to or receivable by Ward.
h.To file a federal income tax return on Ward’s behalf and to pay federal, state and local taxes of Ward.
i.To review, to take possession of, and to consent to the disclosure of Ward’s legal, financial, or other confidential books, documents, or other records.
j.To employ and to discharge from employment attorneys, accountants, appraisers, and other persons necessary in the administration of the estate of Ward.
k.To do such other and further acts concerning the property and interests of Ward and Ward’s estate as the Court may from time to time direct by express authorization through written order of the Court.
9.Property of Ward. Ward’s estate consists of the following: [describe estate].
Applicant respectfully requests this Court grant this Application for Receipt and Acceptance of Foreign Guardianship pursuant to sections 1253.051–.056 of the Texas Estates Code with the powers requested in this application and grant Applicant any further relief that the Court may deem appropriate.
Respectfully submitted,
[Name]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]
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Attach exhibits. |