The ward or any person interested in the ward’s welfare may petition the court for an order of modification. Tex. Est. Code § 1202.051. See section 1202.052 for the application’s required contents.
[Caption. See § 3 of the Introduction in this manual.]
Application to Modify Guardianship
[[Name of ward], Ward, an incapacitated person/[name of applicant], Applicant, the [relationship] of [name of ward]], files this Application to Modify Guardianship and shows the following in support:
Ward is an adult [male/female], born [date of birth], who resides at [address, city, state] [include if 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].]
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If the guardian of the estate is not also the guardian of the person, repeat the following for each. |
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]. The guardianship has proceeded as a partial guardianship with Guardian exercising only limited rights and powers over [Ward/Ward’s estate/Ward and Ward’s estate] for [time period, e.g., two years]. Ward’s condition has now changed to the extent that Guardian’s rights, powers, and duties need to be expanded in order to protect [Ward/Ward’s estate/Ward and Ward’s estate]. Guardian is seeking a full guardianship over [Ward/Ward’s estate/Ward and Ward’s estate].
A letter from Ward’s attending physician dated [date] is attached as Exhibit [exhibit number/letter]. Based on the present findings of Ward’s physician, a need exists in conformity with sections 1001.001, 1101.105, 1201.051–.054, 1202.051, and 1163.101(c)(7) of the Texas Estates Code for the Court to expand Guardian’s rights, powers, and duties to those of a full guardianship over Ward, as Ward can no longer exercise independent judgment and control over [his/her] [person/estate/person or estate]. As a result of this change in condition, the Court is requested to modify the existing letters of guardianship issued to [name of guardian] as guardian of the [person/estate/person and estate] and to permit Guardian to exercise full rights, powers, and duties over [Ward/Ward’s estate/Ward and Ward’s estate].
The Court is further requested to restrict Ward from exercising any right or power over [[himself/herself]/[his/her] estate/[himself/herself] and [his/her] estate]] as Ward is no longer able to maintain [his/her] [person/estate/person and estate] due to the deterioration in Ward’s [mental/[and] physical] condition.
Applicant prays that the order appointing guardian of the [person/estate/person and estate] of [name of ward], an incapacitated person, be modified under section 1202.051(2) of the Texas Estates Code and that the rights, powers, and duties of Guardian, as specified in the order of appointment signed on [date] and in the letters of guardianship issued, be revised to find that Ward is now totally incapacitated and totally incapable of maintaining [his/her] [person/estate/person and estate].
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Include the following if the ward is 60 years old or older. |
Notice will be given to: [list names, addresses, and relationships of the ward’s spouse, siblings, and children, if any, if known to applicant. If there is no known spouse, sibling, or child, list next of kin.]
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Continue with the following. |
Applicant prays that new letters of guardianship issue, granting Guardian full powers under the Texas Estates Code as guardian of the [person/estate/person and estate] of [name of ward], an incapacitated person, that Ward have no powers and rights over [his/her] [person/estate/person or estate], and for all further relief to which Applicant may be entitled.
Respectfully submitted,
[Name]
Attorney for Applicant
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]
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Attach exhibit(s). |
Affidavit
BEFORE ME, the undersigned authority, on this day personally appeared [name of affiant], who swore on oath that the following facts are true:
“My name is [name of affiant].
“I am the applicant in the foregoing Application to Modify Guardianship. I have personal knowledge of the allegations and facts stated in it, and they are true, complete, and correct.”
[Name of affiant]
Affiant
SIGNED under oath before me on ______________________________.
Notary Public, State of Texas