Form 9-4

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

Order for Partial Restoration of Ward

On [date] the Court considered the Application for Partial Restoration of Ward filed by [name of applicant] and the order appointing [name of guardian], Guardian, as guardian of the [person/estate/person and estate] of [name of ward], Ward, an incapacitated person. [Guardian appeared in person and through [his/her] attorney/Ward appeared [in person and] through [his/her] [attorney/guardian/attorney and guardian] ad litem]. [After hearing evidence and arguments from counsel/After considering the evidence], the Court finds by a preponderance of the evidence as required by section 1202.153 of the Texas Estates Code that Ward has suf­ficient mental capacity with regards to the activities described in the application; the current degree of Ward’s incapacity warrants a modification of the guardianship; some of Ward’s rights need to be restored; and the application is in all respects in order.

IT IS THEREFORE ORDERED that [name of 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 and, therefore, is partially restored with regard to—

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 [name of guardian]’s con­sent and (ii) with a companion with [name of 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.

IT IS FURTHER ORDERED that [name of guardian], guardian of the [person/estate/person and estate] of [name of ward], an incapacitated person, retain full authority over [name of ward]’s [person/estate/person and estate] with all of the duties, powers, and limitations that can be granted to a guardian of the [person/estate/person and estate] by the laws of Texas except the powers that have been restored to [name of ward], which are—

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 [name of guardian]’s con­sent and (ii) with a companion with [name of 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.

IT IS FURTHER ORDERED that the clerk of this Court is directed to reissue letters of permanent guardianship to [name of guardian], guardian of the [person/estate/person and estate] of [name of ward], an incapacitated person, specifying the specific powers, limitations, and duties of [name of guardian] with respect to [name of ward]’s care and management of [name of ward]’s property as stipulated by this Order.

IT IS FURTHER ORDERED that [name of guardian]’s prior bond in the sum of $[amount] and oath of office remain in effect.

IT IS FURTHER ORDERED that [name of guardian] is authorized to release to [name of ward] the sum of $[amount] per week out of the income and principal until further orders of this Court.

IT IS FURTHER ORDERED that the fees of [name of attorney ad litem], as attorney ad litem, in the amount of $[amount] in this proceeding are approved and ordered paid and that [name of attorney ad litem] is discharged as attorney ad litem.

IT IS FURTHER ORDERED that the fees of [name of guardian ad litem], as guardian ad litem, in the amount of $[amount] in this proceeding are approved and ordered paid and that [name of guardian ad litem] is discharged as guardian ad litem.

IT IS FURTHER ORDERED that the fees of [name of appointee], as [type of appoin­tee], in the amount of $[amount] in this proceeding are approved and ordered paid.

IT IS FURTHER ORDERED that all fees and expenses of this proceeding are taxed as costs and that [name of guardian], as guardian of the estate of [name of ward], is ordered to pay those fees and expenses out of the guardianship estate.

SIGNED on ________________________________.

   
JUDGE PRESIDING

APPROVED AS TO FORM:

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