Texas Estates Code 1101.001 – Application for Appointment of Guardian; Contents
(a) Any person may commence a proceeding for the appointment of a guardian by filing a written application in a court having jurisdiction and venue.
(b) The application must be sworn to by the applicant and state:
(1) the proposed ward‘s name, sex, date of birth, and address;
(2) the name, former name, if any, relationship, and address of the person the applicant seeks to have appointed as guardian;
(3) whether guardianship of the person or estate, or both, is sought;
(3-a) whether alternatives to guardianship and available supports and services to avoid guardianship were considered;
(3-b) whether any alternatives to guardianship and supports and services available to the proposed ward considered are feasible and would avoid the need for a guardianship;
(4) the nature and degree of the alleged incapacity, the specific areas of protection and assistance requested, and the limitation or termination of rights requested to be included in the court’s order of appointment, including a termination of:
(A) the right of a proposed ward who is 18 years of age or older to vote in a public election;
(B) the proposed ward’s eligibility to hold or obtain a license to operate a motor vehicle under Chapter 521, Transportation Code; and
(C) the right of a proposed ward to make personal decisions regarding residence;
(5) the facts requiring the appointment of a guardian;
(6) the interest of the applicant in the appointment of a guardian;
(7) the nature and description of any kind of guardianship existing for the proposed ward in any other state;
(8) the name and address of any person or institution having the care and custody of the proposed ward;
(9) the approximate value and a detailed description of the proposed ward’s property, including:
(A) liquid assets, including any compensation, pension, insurance, or allowance to which the proposed ward may be entitled; and
(B) non-liquid assets, including real property;
(10) the name and address of any person whom the applicant knows to hold a power of attorney signed by the proposed ward and a description of the type of power of attorney;
(11) for a proposed ward who is a minor, the following information if known by the applicant:
(A) the name of each of the proposed ward’s parents and either the parent’s address or that the parent is deceased;
(B) the name and age of each of the proposed ward’s siblings, if any, and either the sibling’s address or that the sibling is deceased; and
(C) if each of the proposed ward’s parents and adult siblings are deceased, the names and addresses of the proposed ward’s other living relatives who are related to the proposed ward within the third degree by consanguinity and who are adults;
(12) for a proposed ward who is a minor, whether the minor was the subject of a legal or conservatorship proceeding in the preceding two years and, if so:
(A) the court involved;
(B) the nature of the proceeding; and
(C) any final disposition of the proceeding;
(13) for a proposed ward who is an adult, the following information if known by the applicant:
(A) the name of the proposed ward’s spouse, if any, and either the spouse’s address or that the spouse is deceased;
(B) the name of each of the proposed ward’s parents and either the parent’s address or that the parent is deceased;
(C) the name and age of each of the proposed ward’s siblings, if any, and either the sibling’s address or that the sibling is deceased;
(D) the name and age of each of the proposed ward’s children, if any, and either the child‘s address or that the child is deceased; and
(E) if there is no living spouse, parent, adult sibling, or adult child of the proposed ward, the names and addresses of the proposed ward’s other living relatives who are related to the proposed ward within the third degree by consanguinity and who are adults;
(14) facts showing that the court has venue of the proceeding; and
(15) if applicable, that the person whom the applicant seeks to have appointed as a guardian is a private professional guardian who is certified under Subchapter C, Chapter 155, Government Code, and has complied with the requirements of Subchapter G, Chapter 1104.
Terms Used In Texas Estates Code 1101.001
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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 - Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Minor: means a person younger than 18 years of age who:
(1) has never been married; and
(2) has not had the disabilities of minority removed for general purposes. See Texas Estates Code 22.022 - 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
- Property: means real and personal property. See Texas Government Code 311.005
- 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
- Venue: The geographical location in which a case is tried.
- 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) For purposes of this section, a proposed ward’s relatives within the third degree by consanguinity include the proposed ward’s:
(1) grandparent or grandchild; and
(2) great-grandparent, great-grandchild, aunt who is a sister of a parent of the proposed ward, uncle who is a brother of a parent of the proposed ward, nephew who is a child of a brother or sister of the proposed ward, or niece who is a child of a brother or sister of the proposed ward.