Posted 10/30/2020 by Shane Kersh

We always strive to be the best probate lawyers in Pearland.  Doing the best we can for our clients is our only focus.  Take a look at this overview on guardianship of the person.  Hopefully this will provide some answers to any questions you might have.  

GUARDIANSHIP OF THE PERSON AND ESTATE OVERVIEW

1. File an Application for Guardianship with the Court

To initiate the guardianship proceeding, the proposed guardian must file an Application with the Court asking to be appointed as the Guardian of the Person and Estate. The Application for guardianship must include specific information required under the Texas Estates Code, and it must be accompanied by a completed form from the Ward's doctor stating the Ward lacks the capacity to make decisions for him/herself.

As of June 1, 2018, the proposed guardian must also register with the Judicial Branch Certification Commission (JBCC) and complete guardianship training, which takes about an hour, along with a criminal background check. Registration and training must be completed at least 10 days prior to a hearing on the guardianship application.

2. An Ad Litem Attorney is Appointed

Once an Application has been filed, the Court is required to appoint an attorney ad litem to represent the proposed Ward's interests in the guardianship proceeding. When the ad litem is appointed, they will typically go visit the proposed Ward either in their home or the facility in which they live.

3. The Guardianship Hearing

Assuming the ad litem attorney is not going to contest the guardianship on behalf of the Proposed Ward, the next step in the process is the hearing before the Court. At the hearing, the Court will appoint the guardian and set the bond amount. It is important to note that the proposed Guardian will be required to attend the hearing, and the proposed Ward will be given the option to attend.

4. Texas Guardianship Qualification

Once the guardian has been appointed by the Court, he/she must qualify as the guardian. This requires the guardian to take an Oath (swearing to fulfill the duties of guardian) and post the Bond. A guardian of the estate will be required to post a bond to cover the value of the Proposed Ward's liquid assets.

5. Future Requirements for Guardianship of a Person

From this point, the guardian of the person has essentially no further requirements with the Court other than to file an annual report providing information about the Ward's condition.

6.Future Requirements for Guardianship of Estate

From this point, the guardian of the estate must:

• File an inventory within 30 days of taking qualification (taking oath and posting bond).
• File an Application for a Monthly Allowance (to be used for Ward's maintenance and care) within 30 days of qualification.
• There are other applications that you may need to file, depending on the specific circumstances of the guardianship.

On an annual basis, within 60 days after the anniversary date of the qualification, the guardian of the estate must file an accounting. In addition, the Application for a Monthly Allowance will need to be filed, and perhaps adjusted up or down as needed, annually. Again, there are other applications that you may need to file, depending on the specific circumstances of the guardianship.

If you have any questions, give us a call.  We will be more than happy to assist you.

Posted 10/30/2020 by Shane Kersh