Form 9-8

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

Application for Appointment of Successor Guardian of Person

[Name of applicant], Applicant, files this Application for Appointment of Successor Guardian of Person and would show the Court as follows:

Applicant is [name of ward]’s [describe relationship] and resides at [address, city, county] County, Texas. Applicant is a person interested in [name of ward]’s welfare and is qualified to serve as guardian of the person. [Name of ward], Ward, an incapacitated person, resides at and may be served with citation of this application at [address, city, county] County, Texas.

[Name of guardian] is currently serving as guardian of the person, and [he/she] may be served with this application at [address, city, county] County, Texas.

This application is brought pursuant to section 1203.103 of the Texas Estates Code. Applicant has a prior right to serve as guardian of the person. [Describe circumstances giving rise to the application. The following is an example: When this guardianship was initially opened, Applicant was a minor. Unfortunately, Ward’s condition has deteriorated to such a degree that [he/she] has little recognition of [his/her] surroundings. Applicant believes it would be in the best interest of the Ward, now that Applicant has reached majority, to have a family member caring for and overseeing Ward’s personal decisions. Applicant is in a posi­tion to monitor Ward’s care and would prefer to have family members making the decisions concerning Ward’s care rather than to have a nonrelative making these decisions. Applicant believes [his/her] appointment as guardian of the person is in the best interest of Ward.]

Applicant brings this application in good faith and with just cause and requests that [his/her] attorney’s fees and expenses be paid from Ward’s estate.

[Name of applicant] respectfully requests that notice be given as required by law; that, pursuant to section 1203.103 of the Texas Estates Code, [name of guardian] be removed as guardian of the person and Applicant be appointed successor guardian of the person; 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]

Certificate of Service

I certify that in accordance with the Texas Rules of Civil Procedure I served a true and correct copy of [title of document, e.g., Motion for Leave to Resign as Guardian] on the parties listed below. This service was made by [method of service, e.g., certified mail, properly addressed, return receipt requested, in a postpaid envelope deposited with the United States Postal Service].

SIGNED on ________________________________.

   
[Name of attorney]