[Caption. See § 3 of the Introduction in this manual.]
Order Modifying Guardianship from Partial Incapacity to Total Incapacity
On [date] the Court considered the Application to Modify Guardianship 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’s condition has deteriorated to such an extent that Ward no longer should be permitted to exercise any rights and powers and is no longer partially incapacitated, that Guardian should be given full powers over [Ward/Ward’s estate/Ward and [his/her] estate], and that the application should be granted.
IT IS ORDERED that the order appointing guardian of the [person/estate/person and estate] dated [date] be modified to reflect that [name of ward] is now totally incapacitated and totally incapable of maintaining [his/her] [person/estate/person and estate] and that this guardianship should now be considered a full guardianship, and that [name of guardian] have full rights, duties, and powers over [[name of ward]/[name of ward]’s estate/[name of ward] and [his/her] estate].
IT IS FURTHER ORDERED that all previously issued letters in the possession of [name of guardian] be returned to the clerk of this Court for cancellation and that all other outstanding letters are hereby canceled, that the clerk of this Court issue new letters of guardianship that specifically state that [name of ward] is totally incapacitated and totally incapable of maintaining [his/her] [person/estate/person and estate], and that [name of guardian] has full rights, powers, and duties as the guardian of the [person/estate/person and estate] of [name of ward], an incapacitated person.
IT IS FURTHER ORDERED that the term of this guardianship be modified to reflect that this guardianship continue until [name of ward] is restored or has died or this Court determines that this guardianship should be terminated.
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Include the following if applicable. |
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 hereby discharged as attorney ad litem.
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And/Or |
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 hereby discharged as guardian ad litem.
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And/Or |
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.
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And/Or |
IT IS FURTHER ORDERED that all fees and expenses of this proceeding are hereby taxed as costs herein and that [name of guardian], as guardian of the estate of [name of ward], is ordered to pay such fees and expenses out of the guardianship estate.
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Continue with the following. |
SIGNED on ________________________________.
JUDGE PRESIDING
APPROVED AS TO FORM:
[Name]
Attorney for Applicant
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]