Because the court has previously determined the ward’s capacity in the original order of appointment, the application should seek an appointment of the same degree and should include this same determination as a part of the finding of fact in the order approving the appointment of a successor guardian. The application should contain information concerning the specific limitations contained in the original order of appointment so that the court will be apprised of the ward’s needs and the limitations to be placed on the successor guardian. The application should also detail the specific emergency conditions that make immediate appointment of a successor guardian necessary. The guardian’s powers should not be expanded without compliance with the modification provisions of the Texas Estates Code.
[Caption. See § 3 of the Introduction in this manual.]
Application for Leave to Resign as Guardian and for Appointment of Successor Guardian
[Name of applicant], Applicant, guardian of the [person/estate/person and estate] of [name of ward], Ward, an incapacitated person, files this Application for Leave to Resign as Guardian and for Appointment of Successor Guardian and requests the Court to appoint a successor guardian of the [person/estate/person and estate] of Ward. In support, Applicant shows the following:
Applicant is the duly appointed, qualified, and acting guardian of the [person/estate/person and estate] of Ward. Applicant needs to resign as guardian of the [person/estate/person and estate] and requests that the Court appoint [name of proposed successor guardian], Proposed Successor Guardian, as the successor guardian.
Applicant believes that it is in the best interests of Ward to have Proposed Successor Guardian appointed as the successor guardian. It is no longer necessary for Applicant to serve as guardian because Ward’s needs can be more adequately and economically served by Proposed Successor Guardian.
Ward is [a minor/an adult] [male/female] who is [number] years old, born [date of birth]. Ward currently resides at [address, city, county] County, Texas. Ward has previously been served with citation. Additional service of notice will be made as directed by the Court pursuant to section 1203.153 of the Texas Estates Code.
On [date] this Court appointed Applicant as the permanent guardian of the [person/estate/person and estate] of Ward. Applicant wishes to resign as guardian.
Proposed Successor Guardian resides at [address, city, county] County, Texas. Proposed Successor Guardian is [related to Ward in the capacity of [relationship]/not related to Ward]. Proposed Successor Guardian desires to be appointed as the guardian of the [person/estate/person and estate] of Ward. Proposed Successor Guardian is eligible to receive letters of guardianship and is entitled to be appointed.
This Court has venue over these proceedings because the original guardianship was filed and created in this Court.
|
Include the following if the appointment of an immediate successor guardian is necessary. |
Ward is a person who is incapacitated to care for [himself/herself] and to manage [his/her] property and financial affairs. There exists an immediate need for the appointment of a successor guardian to provide for the ongoing needs for the care and attention of Ward and Ward’s estate for the following reasons: [specify].
|
Continue with the following. |
The requested term of this guardianship is for [specify, e.g., such time as Ward’s physical or medical condition necessitates the continuation of this guardianship].
The nature and degree of Ward’s continuing incapacity is as follows: [specify].
|
Include the following only if the original order restricted the guardian or the ward to specific areas of authority or limitation. |
The specific areas of protection and assistance being requested are as follows: [specify].
|
Continue with the following. |
The limitations that are requested to be imposed on Ward are as follows: [specify].
[A full and verified report on the location, condition, and well-being of Ward is attached as Exhibit [exhibit number/letter]./A full, complete, and verified final account, showing the true condition of Ward’s estate, is attached as Exhibit [exhibit number/letter]./A full and verified report on the location, condition, and well-being of Ward is attached as Exhibit [exhibit number/letter]. Additionally, a full, complete, and verified final account, showing the true condition of Ward’s estate, is attached as Exhibit [exhibit number/letter].]
Applicant prays that [his/her] resignation be accepted and that [name of proposed successor guardian] be appointed successor guardian of the [person/estate/person and estate] of [name of ward], an incapacitated person, that the Court order the clerk of this Court to issue letters of guardianship to Proposed Successor Guardian on [his/her] qualification as required by law, and for all further relief to which Applicant may be entitled.
Respectfully submitted,
[Name]
Applicant
[Name]
Proposed Successor Guardian
[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].
|
List the name and address of each party or attorney served. |
SIGNED on ________________________________.
[Name of attorney]
|
Attach exhibit(s) if applicable. |