[Caption. See § 3 of the Introduction in this manual.]
Application for Restoration of Ward and Termination of Guardianship
This Application for Restoration of Ward and Termination of Guardianship is filed under section 1202.051 of the Texas Estates Code by [name of applicant]. [Name of applicant] is [the guardian/the ward/a party interested in the ward].
1.On or about [date], [name of applicant for appointment] filed an application for appointment of guardian of the [person/estate/person and estate] of [name of ward], Ward. [Name of applicant for appointment] is Ward’s [relationship].
2.[State facts that led to the filing of the application for appointment of guardian.] Attached as Exhibit [exhibit number/letter] and incorporated by this reference for all purposes is a letter from [name] describing Ward’s condition on [date].
3.On [date], [name of guardian], Guardian, was appointed the guardian of the [person/estate/person and estate] of Ward, an incapacitated person, and later qualified as such as required by law.
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Paragraphs 4.–6. below are examples of the type of information the court will consider. Paragraph 4. may not be necessary if the guardianship has been in existence for less than a year. |
4.On [date], Guardian filed [his/her] annual report on location, condition, and well-being of Ward. A copy of that report is attached as Exhibit [exhibit number/letter] and is incorporated by this reference for all purposes. [State facts from this report that support the application.]
5.On [date], [name of court visitor] filed a court visitor program summary report with this Court detailing [his/her] visit with Ward in Guardian’s home. A copy of that report is attached as Exhibit [exhibit number/letter] and is incorporated by this reference for all purposes. [State facts from this report that support the application.]
6.Ward’s progress is further documented in a letter dated [date] from [name of doctor]. A true and correct copy of the letter is attached as Exhibit [exhibit number/letter] and is incorporated by this reference for all purposes. [State facts from this letter that support the application.]
7.[Name of applicant] believes that the guardianship should be terminated because Ward’s condition no longer warrants its existence. The termination and restoration are in the best interests of Ward and are in keeping with the policy of striving for maximum self-reliance and independence adopted in section 1001.001 of the Texas Estates Code. In this case, the policy would be fulfilled by the complete restoration of Ward and the termination of the guardianship.
[Name of applicant] prays that the Court find that Ward has regained the capacity to do all of the tasks necessary to care for [himself/herself] and to manage [his/her] property and that no need exists for the continuation of the guardianship of the [person/estate/person and estate] of Ward. [Name of applicant] further prays for all other relief to which [he/she] may be entitled.
Respectfully submitted,
[Name]
Applicant
[Name]
Attorney for Applicant
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]
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Attach exhibit(s). |