[Caption. See § 3 of the Introduction in this manual.]
Application for Appointment of Guardian of Estate
[Name of applicant], Applicant, makes this Application for Appointment of Guardian of Estate of [name of proposed ward], Proposed Ward, an incapacitated person for whom the appointment of a guardian is necessary to receive funds due [him/her] from the federal government, and in support shows the following:
1.Proposed Ward is an adult [male/female], born [date of birth], who currently resides at [address, city, county] County, Texas. Proposed Ward may be served with notice of this proceeding at that address. Service by posting is also requested at this time.
2.Applicant seeks to be appointed guardian of Proposed Ward’s estate to receive government funds and is an [individual/attorney] who [resides at/has an office at] [address, city, state]. Applicant is not disqualified to serve as guardian and is entitled to be appointed guardian. The appointment will be in the best interests of Proposed Ward and Proposed Ward’s estate.
3.The Department of Veterans Affairs is an interested party in this action and is entitled to notice under section 1151.301 of the Texas Estates Code.
4.Proposed Ward is not more than sixty years of age.
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5.Proposed Ward has the following known relatives who are entitled to be appointed guardian: [name of mother], Proposed Ward’s mother, resides at [address, city, state] and may be personally served at that address. Proposed Ward’s mother is currently legal custodian of the government funds payable to Proposed Ward. She has repeatedly refused to comply with accounting requirements for the funds provided. She is therefore incapable of properly and prudently managing the estate of Proposed Ward. [Name of father], Proposed Ward’s father, is deceased. Proposed Ward has a brother and two sisters. Proposed Ward’s brother, [name of brother], whose whereabouts are unknown or are not reasonably ascertainable, has a last known address of [address, city, state]. Proposed Ward’s sister, [name of sister], whose whereabouts are unknown or are not reasonably ascertainable, has a last known address of [address, city, state]. Proposed Ward’s brother and a sister will be served by certified mail, return receipt requested, at their last known addresses. Proposed Ward has another sister, [name of sister], who has signed a Waiver of Preferential Right, which is attached as Exhibit A and incorporated for all purposes. Citation by posting and publication under sections 1051.053–.054 of the Texas Estates Code is requested for unknown relatives entitled to be appointed guardian.
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6.No other person known to Applicant has a preferential right to serve as guardian under sections 1104.102–.103 of the Texas Estates Code.
7.Proposed Ward is an incapacitated person for whom the appointment of a guardian is necessary to receive funds due [him/her] from the federal government under sections 1002.017 and 1151.251 of the Texas Estates Code. Attached as Exhibit B and incorporated for all purposes is the affidavit of the regional counsel for the Department of Veterans Affairs attesting to the fact that appointment of a guardian is a condition precedent to payment of funds from the federal government. Proposed Ward is eligible and entitled to receive $[amount] per month payable by the Department of Veterans Affairs. [Include if applicable: Proposed Ward also receives Social Security benefits in the amount of $[amount] per month.] It is unknown if Proposed Ward has any accrued estate, as the custodian in fact has not prepared the annual accounts required by the Department of Veterans Affairs. Proposed Ward has no other income. A guardianship of the estate is necessary to insure that the personal and property rights of Proposed Ward are protected.
8.No guardianship of any kind for Proposed Ward exists in this or any other state. No known person holds a power of attorney signed by Proposed Ward.
9.This Court has venue of this proceeding as Proposed Ward resides in this county.
10.No person or institution now has the care and custody of Proposed Ward.
11.Applicant requests the Court to authorize payment of attorney’s fees from Proposed Ward’s estate under section 1155.054 of the Texas Estates Code. Applicant has brought this proceeding in good faith and with just cause in the filing and prosecution of this application.
12.Proposed Ward’s estate is composed of, or has been purchased by, federal monetary benefits; therefore, there is no necessity for the appointment of appraisers.
Applicant prays that notice be posted and published as required by law; that citation be issued and served on Proposed Ward; that an attorney ad litem be appointed for Proposed Ward under section 1054.001 of the Texas Estates Code and the fees for his services be allowed as part of the costs of this suit; that on final hearing Proposed Ward be adjudged an incapacitated person for whom the appointment of a guardian of the estate is necessary to receive funds from the federal government; that Applicant be appointed guardian of the estate of [name of proposed ward]; that Applicant be entitled to payment of attorney’s fees from Proposed Ward’s estate; 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
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Attach exhibit(s). |
Exhibit A
Waiver of Preferential Right
[Name], [relationship] of [name of proposed ward], shows the Court that as next of kin [he/she] waives [his/her] preferential right to be appointed guardian herein and requests the appointment of [name of applicant] as guardian of the estate of [name of proposed ward].
[Name]
SWORN TO AND SUBSCRIBED BEFORE ME by [person waiving preferential right] on ________________________________ to certify which witness my hand and official seal of office.
Notary Public, State of Texas
Exhibit B
Regional Counsel’s Certificate of Necessity
I hereby certify that [name of proposed ward] is a resident of [county] County, Texas; that [he/she] is entitled to receive funds payable by the Department of Veterans Affairs; that [he/she] is an incapacitated person for whom the appointment of a guardian is necessary to receive funds due [him/her] from the federal government as provided by sections 1002.017 and 1151.251 of the Texas Estates Code; and that the appointment of a guardian of the estate of [name of proposed ward] is a condition precedent to the payment of money due [him/her] from the federal government.
SIGNED on [date].
[Name]
Regional Counsel
Department of Veterans Affairs
SIGNED under oath before me on ______________________________.
Notary Public, State of Texas