Form 6-4

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

Order Appointing Attorney Ad Litem

(Tex. Est. Code § 1204.002)

On [date] the Court considered the Motion for Appointment of Attorney Ad Litem in accordance with section 1204.002 of the Texas Estates Code, and the Court finds as follows:

1.The final account of [name of guardian] has been filed in this case.

2.[Name of ward], Ward, died on [date], and no executor or administrator has been appointed for Ward’s estate.

2.[Name of ward], Ward, is a nonresident of the state of Texas and therefore requires representation before the Court on this final account.

2.The residence of [name of ward], Ward, is unknown and representation before the Court on the final account is required to protect [his/her] interests.

3.The appointment of an attorney ad litem to represent Ward’s interests in connec­tion with the final settlement of the guardianship is required under section 1204.002 of the Texas Estates Code.

IT IS ORDERED that [name of attorney ad litem] is hereby appointed attorney ad litem to represent the interests of [name of ward] in the final settlement of the guardianship.

IT IS FURTHER ORDERED that [name of attorney ad litem]’s duties include examin­ing the final account and records of [name of guardian], determining the person or persons entitled to receive the remaining estate, making objections and filing written pleadings if nec­essary, and taking such other steps to protect the interests of [name of ward] as are deemed necessary, and reporting to the Court whether the final account is true and correct.

IT IS FURTHER ORDERED that [name of attorney ad litem] be allowed a reasonable fee, and expenses for [his/her] services are to be paid out of [name of ward]’s estate, subject to approval of this Court.

SIGNED on ________________________________.

   
JUDGE PRESIDING

APPROVED AS TO FORM:

By:      
     [Name]
     Attorney for Movant
     State Bar No.:
     [Email address]
     [Address]
     [Telephone]
     [Telecopier]