Form 9-7

Because the court has previously determined the ward’s capacity in the original order of appointment, the application should seek an appointment of the same degree and should include this same determi­nation as a part of the finding of fact in the order approving the appointment of a successor guardian. The application should contain information concerning the specific limitations contained in the origi­nal order of appointment so that the court will be apprised of the ward’s needs and the limitations to be placed on the successor guardian. If applicable, the application should also detail the specific emer­gency conditions that make immediate appointment of a successor guardian necessary. The guardian’s powers should not be expanded without compliance with the modification provisions of the Texas Estates Code.

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

Application for Appointment of Successor Guardian

[Due to Death or Prior Resignation]

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

1.Ward is [a minor/an adult] [male/female] who is [age] years old, born [date of birth]. Ward currently resides at [address, city, county] County, Texas. Ward has previously been served with citation. Additional service of notice will be made as directed by the Court pursuant to section 1203.153 of the Texas Estates Code.

2.[Name of guardian], Guardian, was appointed guardian of the [person/estate/per­son and estate] of Ward by the Court on [date]. Guardian [is now deceased, having died on [date]/resigned on [date]].

3.A copy of Guardian’s [death certificate/resignation] is attached as Exhibit [exhibit number/letter].

4.[Name of proposed successor guardian], Proposed Successor Guardian, resides at [address, city, county] County, Texas. Proposed Successor Guardian is [related to Ward in the capacity of [relationship]/not related to Ward]. Proposed Successor Guardian desires to be appointed as the guardian of the [person/estate/person and estate] of Ward. Proposed Succes­sor Guardian is eligible to receive letters of guardianship and is entitled to be appointed.

5.This Court has venue over these proceedings because the original guardianship was filed and created in this Court.

6.Ward is a person who is incapacitated to care for [himself/herself] and to manage [his/her] property and financial affairs and is currently without a legal guardian of [his/her] person and of [his/her] estate. There exists an immediate need for the appointment of a succes­sor guardian to provide for the ongoing needs for the care and attention of [Ward/Ward’s estate/Ward and Ward’s estate] for the following reasons: [specify].

7.The requested term of this guardianship is [specify, e.g., for such time as Ward’s physical or medical condition necessitates the continuation of this guardianship].

8.The nature and degree of Ward’s continuing incapacity is as follows: [specify].

9.The specific areas of protection and assistance being requested are as follows: [specify]. The limitations that are requested to be imposed on Ward are as follows: [specify].

Applicant prays that [name of proposed successor guardian] be appointed successor guardian of the [person/estate/person and estate] of [name of ward], an incapacitated person, that the Court order the clerk of this Court to issue letters of guardianship to Proposed Succes­sor Guardian on [his/her] qualification as required by law, and for all further relief to which Applicant may be entitled.

Respectfully submitted,

   
[Name]
Applicant

   
[Name]
Proposed Successor Guardian

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

Certificate of Service

I certify that a true copy of this [title of document] was served in accordance with rule 21a of the Texas Rules of Civil Procedure.

SIGNED on ________________________________.

   
[Name of attorney]