Form 8-11

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

Application for Payment of Attorney’s Fees

[Date of fees requested, e.g., May to December 2021]

[Name of applicant], Applicant, guardian of the estate of [name of ward], Ward, an inca­pacitated person, files this Application for Payment of Attorney’s Fees and Expenses and in support shows:

1.[Name of attorney] is a duly licensed and practicing attorney with offices in [city, county] County, Texas, who has rendered necessary legal services and advanced necessary expenses on behalf of [name of applicant], as guardian of the estate of [name of ward], an inca­pacitated person, for the period of time of [date] to [date], as described in the statement attached as Exhibit A and the attorney’s fee affidavit attached as Exhibit B.

2.By reason of the performance of these legal services and the advancement of expenses, Ward and Ward’s estate have become indebted to [name of attorney] in the amount of $[amount], which is reasonable under the circumstances.

3.Since the appointment of [name of applicant], as guardian of the estate of [name of ward], an incapacitated person, [name of applicant] has requested the approval of attorney’s fees and expenses in the amount of $[amount]. The Court has approved fees and expenses in the total amount of $[amount].

4.Applicant has reviewed the fees and expenses indicated above and requests that this Court approve their payment.

Applicant requests that this Court review the application and the information furnished, approve the payment of the fees and expenses, enter an order authorizing Applicant to pay those fees and expenses, and grant all further relief to which Applicant may be entitled.

Respectfully submitted,

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

Approved:

 

By:   ________________________________

[Name of applicant], as guardian of the estate
of [name of ward], an incapacitated person.

Exhibit A

Statement of Expenses

Recap of Fees and Expenses

Exhibit B
Attorney’s Fee Affidavit

State of Texas)

County of)

[Name of attorney] appeared in person before me today and stated under oath:

“My name is [name of attorney]. I am competent to make this affidavit. The facts stated within this affidavit are within my personal knowledge and are true and correct.

“I am a duly licensed and practicing attorney with the firm of [name of law firm] with offices in [city, county] County, Texas. I was admitted to the State Bar of Texas in [date] and have [number] years of experience.

“I performed the legal services that are described in detail in the attachment to the Application for Payment of Attorney’s Fees. Those services were properly and timely per­formed on behalf of [name of applicant], as guardian of the estate of [name of ward], an inca­pacitated person.

“All of the legal fees and services described in the attached statement were rendered on behalf of [name of applicant], as guardian of the estate of [name of ward], an incapacitated person, and were solely for the purpose of preserving and protecting the assets of Ward’s estate and for the welfare and protection of Ward’s person.

“Only fees and expenses covering the period of [date] through [date] for the total of $[amount] are submitted.

“All just and legal offsets, payments, and credits known to me to have been allowed are reflected in the attached statement of fees.

“I have made and presented this application and affidavit to the court with the approval of the guardian of the estate as evidenced by the guardian’s signature affixed to the Applica­tion for the Payment of Attorney’s Fees.”

   
Affiant

SIGNED under oath before me on ______________________________.

   
Notary Public, State of Texas