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Chapter 9

Form 9-6

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

Order Restoring Capacity and Terminating Guardianship

On [date] the Court considered the Application for Restoration of Ward and Termina­tion of Guardianship of the [person/estate/person and estate] of [name of ward], Ward, filed by [[name of guardian]/[name of ward]/[name of person interested in the ward]]. After consider­ing the application, the Court finds that Ward has regained the capacity to do all of the tasks necessary to care for [himself/herself] and to manage [his/her] property; that a preponderance of evidence has been presented that Ward is no longer incapacitated and should be restored; that there no longer exists a need to continue the guardianship of the [person/estate/person and estate]; that it will be in the best interests of Ward and [his/her] estate for the guardianship to be terminated; and that the application should be granted.

IT IS THEREFORE ORDERED that [name of ward] is found to have regained the capacity to do all tasks necessary to care for [himself/herself] and to manage [his/her] prop­erty.

IT IS FURTHER ORDERED that, in the absence of need therefor, the guardianship of the [person/estate/person and estate] of [name of ward] is terminated.

IT IS FURTHER ORDERED that [name of guardian] present to the Court a verified account for final settlement and the final report of the condition of [name of ward] in accor­dance with the Texas Estates Code within [number] days.

IT IS FURTHER ORDERED that on final settlement of this guardianship and subject to the approval of the Court, [name of guardian] deliver all the property of the guardianship estate and any income due according to section 1204.107 of the Texas Estates Code to [name of ward], who is fully restored.

SIGNED on ______________________________.

   
JUDGE PRESIDING

 

APPROVED AS TO FORM:

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