[Caption. See § 3 of the Introduction in this manual.]
Order Receiving, Accepting, and Modifying
Foreign Guardianship
On this day, the Court considered the Application for Receipt and Acceptance of Foreign Guardianship (the Application) pursuant to sections 1253.051–.056 of the Texas Estates Code filed by [name of applicant].
The Court, having read the Application, having received the pleadings from [name of foreign court] and being fully advised in the premises, makes the following findings of fact by clear and convincing evidence:
1.The proposed guardianship requested in the Application is not a collateral attack on an existing guardianship in another jurisdiction in this or another state.
2.The Application has been filed in the Court best suited to hear this matter.
3.[Name of ward], Ward, is an incapacitated person as defined by the Texas Estates Code and has no legal guardian of [his/her] person and estate in the state of Texas and that the incapacity is evidenced by recurring acts or occurrences within the preceding six-month period and not by isolated instances of negligence or bad judgment.
4.The receipt and acceptance of the guardianship from [name of foreign court] is in the best interest of Ward.
5.It is in the best interest of Ward to have the Court appoint a guardian of [his/her] estate in the state of Texas.
6.The rights of Ward will be protected by the appointment of a guardian of [his/her] estate in the state of Texas.
The Court makes the following findings of fact by a preponderance of the evidence:
1.Ward is a resident of [county], County, Texas, and this Court has jurisdiction and venue to appoint a guardian of the estate of Ward.
2.Notice has been properly served on those persons required by the Texas Estates Code.
3.Ward was not present in Court, the personal appearance of Ward at the hearing being unnecessary or inadvisable because Ward’s incapacities are such that Ward would not have been able to understand or participate in the hearing, and to require Ward to participate in the hearing would not be in [his/her] best interest.
4.[Name of applicant] is the [relationship] of Ward and [his/her] guardian in the state of [name of foreign state] and is eligible to act as guardian and is a proper person to be appointed guardian of the estate of Ward.
5.Ward is without capacity to manage [his/her] finances and personal affairs.
IT IS ORDERED that the guardian of the estate shall have the following authority, duties, and responsibilities:
1.To possess and manage the properties of Ward, including all bank accounts, securities accounts, annuities, and other investments of Ward and to have possession and management of Ward’s home, Ward’s personal possessions, and any other property owned by Ward and to have total access to all records and past transactions of Ward and [his/her] attorney-in-fact with respect to such properties.
2.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.
3.To collect debts, rentals, wages, or other claims due to Ward.
4.To pay, compromise, or defend claims against Ward, subject to court approval.
5.To represent Ward in any legal action, subject to court approval.
6.To contract and to incur other obligations on Ward’s behalf and to renew and extend any obligations, subject to court approval.
7.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.
8.To apply for and to receive funds from governmental sources for the Ward, including Social Security, Medicare, Supplemental Security Income Benefits (SSI), HUD Section 8 Rent Subsidies, Childhood Disability Benefits under the Old-Age Survivors and Disability Insurance Program, Aid to Families with Dependent Children (AFDC), and Veteran’s benefits.
9.To apply for and to consent to governmental services on the Ward’s behalf including vocational rehabilitation programs, Medicaid services, food stamps, and Veteran’s benefits.
10.To apply for and to secure insurance on Ward’s behalf for Ward’s property and the Ward’s person.
11.To file a federal income tax return on Ward’s behalf and to pay federal, state, and local taxes of Ward.
12.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, including the power to enter into the Ward’s safe deposit box.
13.To employ and to discharge from employment attorneys, accountants, appraisers, and other persons necessary in the administration of the estate of Ward.
14.To employ and to discharge from employment nurses, sitters, caregivers, tutors, therapists, and other persons engaged to assist Ward.
15.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.
IT IS FURTHER ORDERED THAT the guardian of the person shall have the following authority, duties, and responsibilities:
1.To take charge of the person of Ward.
2.To review, to take possession of, and to consent to the disclosure of Ward’s medical and dental records.
3.To apply for, arrange for, and consent to all psychological, psychiatric, or medical examinations, tests, or evaluations for the Ward.
4.To consent to or object to medical and dental treatment for Ward, including surgery.
5.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.
6.To make application for, to consent to, and to enroll Ward in private and public residential care facilities.
7.To place the 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.
8.To apply for, to consent to, and to employ nurses, sitters, caregivers, therapists, and other persons to assist Ward.
9.To have possession and control of Ward and to deny anyone access to the Ward if such is in [his/her] best interest.
10.To hire and discharge doctors, psychiatrists, nurses, nurses aids, and other health care providers providing services to Ward.
11.The power and 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.
12.To retain and discharge caretakers for Ward and to monitor and control access of third parties to him.
13.To give permission and sign releases for the inspection and dissemination of Ward’s confidential legal, medical, financial, and other information and records to third parties.
14.To apply for and secure an identification card, Social Security card, or other identification documents for Ward.
15.To control the delivery and receipt of Ward’s mail.
16.The power and 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.
SIGNED on ________________________________.
JUDGE PRESIDING