Texas Estates Code 1051.104 – Notice by Applicant for Guardianship
(a) The person filing an application for guardianship shall send a copy of the application and a notice containing the information required in the citation issued under § 1051.102 by a qualified delivery method to the following persons, if their whereabouts are known or can be reasonably ascertained:
(1) each adult child of the proposed ward;
(2) each adult sibling of the proposed ward;
(3) the administrator of a nursing home facility or similar facility in which the proposed ward resides;
(4) the operator of a residential facility in which the proposed ward resides;
(5) a person whom the applicant knows to hold a power of attorney signed by the proposed ward;
(6) a person designated to serve as guardian of the proposed ward by a written declaration under Subchapter E, Chapter 1104, if the applicant knows of the existence of the declaration;
(7) a person designated to serve as guardian of the proposed ward in the probated will of the last surviving parent of the proposed ward;
(8) a person designated to serve as guardian of the proposed ward by a written declaration of the proposed ward’s last surviving parent, if the declarant is deceased and the applicant knows of the existence of the declaration; and
(9) each adult named in the application as an “other living relative” of the proposed ward within the third degree by consanguinity, as required by § 1101.001(b)(11) or (13), if the proposed ward’s spouse and each of the proposed ward’s parents, adult siblings, and adult children are deceased or there is no spouse, parent, adult sibling, or adult child.
(b) The applicant shall file with the court:
(1) a copy of any notice required by Subsection (a) and the return receipts or other proofs of delivery of the notice; and
(2) an affidavit sworn to by the applicant or the applicant’s attorney stating:
(A) that the notice was sent as required by Subsection (a); and
(B) the name of each person to whom the notice was sent, if the person’s name is not shown on the return receipt or other proof of delivery.
Terms Used In Texas Estates Code 1051.104
- Child: includes an adopted child, regardless of whether the adoption occurred through:
(1) an existing or former statutory procedure; or
(2) an equitable adoption or acts of estoppel. See Texas Estates Code 22.004 - Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Qualified delivery method: means delivery by:
(1) hand delivery by courier, with courier's proof of delivery receipt;
(2) certified or registered mail, return receipt requested, with return receipt; or
(3) a private delivery service designated as a designated delivery service by the United States Secretary of the Treasury under Section 7502(f)(2), Internal Revenue Code of 1986, with proof of delivery receipt. See Texas Estates Code 22.0295 - Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) Failure of the applicant to comply with Subsections (a)(2)-(9) does not affect the validity of a guardianship created under this title.
(d) Notice required by Subsection (a) to a relative of the proposed ward described by Subsection (a)(1) or (2) must contain a statement notifying the relative that, if a guardianship is created for the proposed ward, the relative must elect in writing in order to receive notice about the ward under § 1151.056.