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Chapter 6

Form 6-1

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

Motion for Appointment of Attorney Ad Litem

(Tex. Est. Code § 1054.001)

This Motion for Appointment of Attorney Ad Litem in accordance with section 1054.001 of the Texas Estates Code is brought by [name of movant], Movant, who shows in support:

1.An application for the appointment of a permanent guardian of the [person/estate/ person and estate] of [name of proposed ward], Proposed Ward, is currently pending before this Court.

2.It is in the interest of Proposed Ward for the Court to appoint an attorney ad litem to represent and advocate the interests of Proposed Ward in these guardianship proceedings.

Movant prays that the Court grant this Motion for Appointment of Attorney Ad Litem in accordance with section 1054.001 of the Texas Estates Code to represent and advocate the interests of Proposed Ward in connection with the pending application for permanent guard­ianship.

Respectfully submitted,

   
[Name]
Attorney for Movant
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]

Notice of Hearing

The above motion is set for hearing on ____________________ at __________ __.m. in [designation and location of court].

SIGNED on ________________________________.

   
Judge or Clerk

Certificate of Service

I certify that in accordance with the Texas Rules of Civil Procedure I served a true and correct copy of [title of document, e.g., Motion for Leave to Resign as Guardian] on the parties listed below. This service was made by [method of service, e.g., certified mail, properly addressed, return receipt requested, in a postpaid envelope deposited with the United States Postal Service].

List the name and address of each party or attorney served.

SIGNED on ________________________________.

   
[Name of attorney]