Form 4-5

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

Application for Appointment of Guardian of Person and Estate

[Adult, Total Incapacity]

[Name of applicant], Applicant, files this Application for Appointment of Guardian of 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].

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 and estate of Proposed Ward. Applicant is eligible to receive letters of guardianship and is entitled to be appointed.

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 and estate of Proposed Ward. Applicant’s taxpayer identification num­ber is [number].

3.Guardianship of the 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 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 names and addresses].

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 and estate. It is necessary and will be advantageous for Proposed Ward to have a guardian of [his/her] 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 on 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.Proposed Ward is totally incapacitated as set forth in the examination and report under section 1101.103 of the Texas Estates Code from Proposed Ward’s treating physician, [name of physician], M.D., attached hereto and incorporated in this application as Exhibit [exhibit number/letter].

13.The Court should find Proposed Ward totally incapacitated for all purposes. Applicant requests that the Court’s order of appointment include termination of the right of Proposed Ward to vote in a public election, to make personal decisions regarding [his/her] res­idence, and to hold or obtain a license to operate a motor vehicle under chapter 521 of the Texas Transportation Code.

14.No guardianship for Proposed Ward exists in this or any other state.

15.The name and address of 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].

16.Applicant is not aware of any person or institution that holds a power of attorney signed by Proposed Ward.

16.[Name] holds a [general/durable/limited] power of attorney signed by Proposed Ward.

17.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.]]

18.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 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