Form 9-3

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

Application for Partial Restoration of Ward

[[Name of ward], Ward, an incapacitated person/[name of applicant], Applicant, the [relationship] of [name of ward]], files this Application for Partial Restoration of Ward and shows the following in support:

1.[Name of ward], Ward, is an adult [male/female], born [date of birth], who resides at [address, city, state] [include if the ward is not the applicant: and may be served with cita­tion at [address, city, state]]. Ward’s estate is described in the inventory of the estate on file and approved by this Court on [date]. [Include if applicable: In addition, Ward’s estate is enti­tled to [compensation/a pension/insurance proceeds/an allowance].]

2.On [date] the Court appointed [name of guardian], Guardian, as guardian of the [person/estate/person and estate] of [name of ward], an incapacitated person. Guardian resides at [address, city, state].

3.[State facts that led to the filing of the application for appointment of guardian.] The guardianship has proceeded as a [nature and description of ward’s guardianship, e.g., par­tial guardianship with Guardian exercising only limited rights and powers or full guardianship with all rights and powers] over [Ward/Ward’s estate/Ward and Ward’s estate] for [time period, e.g., two years].

4.On [date], Guardian filed [his/her] annual report on location, condition, and well-being of Ward. A copy of that report is attached as Exhibit [exhibit number/letter] and is incor­porated by this reference for all purposes. [State facts from the report that support this applica­tion.]

5.On [date], [name of court visitor] filed a court visitor program summary report with the Court detailing [his/her] visit with Ward. A copy of that report is attached as Exhibit [exhibit number/letter] and is incorporated by this reference for all purposes. [State facts from the report that support this application.]

6.On [date], Guardian filed [his/her] most recent annual report on the location, con­dition, and well-being of Ward, a copy of which is attached as Exhibit [exhibit number/letter] and is incorporated by this reference for all purposes. [State facts from the report that support this application.]

7.Since Guardian’s appointment, Ward has regained sufficient mental capacity to do some, but not all, of the tasks necessary to care for [himself/herself] and to manage [his/her] property. Specifically, Ward has regained sufficient mental capacity in regard to the following activities:

a.the power to vote;

b.the power to handle money up to $[amount] per week;

c.the power to consent to routine medical and dental treatment, including non­invasive procedures, and psychiatric visits;

d.the power to make arrangements to travel within the state of Texas without court approval (i) with a family member without Guardian’s consent and (ii) with a companion with Guardian’s consent;

e.the power to enroll in public or private residential care facilities;

f.the power to make decisions related to military service;

g.the power to participate in the selection of residential placement; and

h.the power to enroll in educational classes.

8.Ward currently has the capacity to perform the tasks commensurate with the pow­ers listed above. Ward’s progress is documented in a [letter/certificate] dated [date] from [name of physician]. A copy of the physician’s [letter/certificate] is attached as Exhibit [exhibit number/letter] and is incorporated by this reference for all purposes. [State facts from the letter that support this application.]

9.Accordingly, Applicant requests the Court to partially restore Ward to the extent [he/she] has regained sufficient mental capacity in regard to the activities listed above.

Applicant prays that notice of this application be given as required by law, that the Court partially restore [name of ward] to the extent [he/she] has regained sufficient mental capacity in regard to the activities 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