Form 9-11

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

Order Appointing Successor Guardian

On [date] the Court considered the application of [name of applicant] to appoint a suc­cessor guardian of the [person/estate/person and estate] of [name of ward], Ward, an incapaci­tated person. The Court has reviewed the application and the documents filed with it and finds that [an immediate need/the need] exists for the appointment of a successor guardian of the [person/estate/person and estate] of Ward. The Court finds that the allegations contained in the motion appear to be true and that notice and citation [is not required/has been given in the manner and for the length of time required by law]. The Court makes the following specific findings of fact and conclusions of law based on a preponderance of the evidence:

Ward has previously been found by this Court to be an incapacitated person.

A continued need exists for a guardian of the [person/estate/person and estate] of Ward, and it is in Ward’s best interests that [name of proposed successor guardian] be appointed as successor guardian of Ward’s [person/estate/person and estate].

[Ward’s rights/Ward’s property/Ward’s rights and property] will be protected by the appointment of a successor guardian.

The Court makes the following specific findings of fact and conclusions of law based on a preponderance of the evidence:

1.The Court has venue under section 1023.001 of the Texas Estates Code, as well as subject matter jurisdiction.

2.[Name of proposed successor guardian] is not ineligible by law to serve as succes­sor guardian of the [person/estate/person and estate] of Ward.

3.Ward is totally without capacity as provided by section 1101.151 of the Texas Estates Code to [care for [himself/herself]/manage [his/her] property/care for [himself/herself] and manage [his/her] property].

3.Ward lacks the capacity to do some, but not all, of the tasks necessary to [care for himself/herself]/manage [his/her] property/care for [himself/herself] and manage [his/her] property].

4.There does not currently exist a need for the appointment of an appraiser for Ward’s estate and an appraiser is waived at this time subject to further orders of this Court.

IT IS THEREFORE ORDERED that [name of proposed successor guardian] is appointed as the successor guardian of the [person/estate/person and estate] of [name of ward], an incapacitated person.

[Name of ward] is found to be incapacitated and lacks the necessary capacity to [care for [himself/herself]/manage [his/her] property/care for [himself/herself] and manage [his/her] property] as a reasonably prudent person would do, and a full guardianship of the [person/estate/person and estate] is hereby granted with all of the rights, duties, and powers granted to a successor guardian by law. [Name of ward] is declared fully incapacitated without the authority to exercise any rights or powers over [[himself/herself]/[his/her] estate/[himself/herself] and [his/her] estate].

[Name of ward] is found to be partially incapacitated and lacks some capacity; therefore [name of proposed successor guardian] is permitted to exercise only certain rights, duties, and powers over the [person/estate/person and estate] of Ward, and [name of proposed suc­cessor guardian] is restricted in performing only those acts specifically provided for in this order.

[Name of proposed successor guardian] is granted only those powers and authority that are specifically provided as follows: [specify].

[Name of proposed successor guardian] is not permitted to perform those acts that are specifically provided as follows: [specify].

IT IS FURTHER ORDERED that the bond of [name of proposed successor guardian] as successor guardian of the [person/estate/person and estate] of [name of ward], an incapaci­tated person, is set at $[amount] and that letters of successor guardianship are to be issued by the clerk of this Court on the qualification of [name of proposed successor guardian] in the form and manner required by law.

[Name of appraiser] is appointed to appraise the assets of the estate of [name of ward], an incapacitated person.

[Name of proposed successor guardian] as successor guardian is authorized to expend from the corpus of the estate of [name of ward], an incapacitated person, the sum of $[amount] per month for a period not to exceed twelve months from the date of this Order until [date] and subject to further orders of this Court.

IT IS FURTHER ORDERED that [name of prior guardian]’s resignation is accepted.

[Name of prior guardian], the former guardian, is ordered to turn over to the successor guardian immediately on [his/her] qualification all assets of Ward’s estate or to be received by Ward’s estate.

[Name of representative], the representative of the deceased guardian’s estate, is ordered to turn over to the successor guardian immediately on [his/her] qualification all assets of Ward’s estate in [his/her] possession.

SIGNED on ________________________________.

   
JUDGE PRESIDING

APPROVED AS TO FORM:

   
[Name]
Attorney for Applicant
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]

   
[Name]
Attorney Ad Litem
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]