The Application for appointment of a permanent guardian must comply with Texas Probate Code §682. A checklist for this Section is listed below:

__correct style (In the Matter of the Guardianship of Jane Doe, an Incapacitated Person/Minor)

___sworn to by applicant

___Physician’s Certificate – must be signed by the physician and based on an exam performed within 120 days of filing the application.

___name and sex of proposed ward

___date of birth of proposed ward

___address of proposed ward

___name of proposed guardian

___relationship of proposed guardian to proposed ward

___address of proposed guardian

___mention of whether guardianship of the person or estate, or both is sought

___nature and degree of the alleged incapacity

___listing of the specific areas of protection and assistance requested for permanent guardian of the person and estate

___listing of the limitation or termination of proposed ward's rights requested (these must be included in the court's order of appointment) and must include, if appropriate, the right of proposed ward to vote in a public election and the proposed ward’s eligibility to hold or obtain a license to operate a motor vehicle; other rights might include right to marry, make gifts etc.

___the nature and description of any guardianship of any kind existing for the proposed ward in this or any other state

___the name and address of any person or institution having the care and custody of the proposed ward

___the approx. value of the proposed ward's property

___a description of the proposed ward's property including any compensation, pension, insurance, or allowance (such as SSI) to which the proposed ward may be entitled

___the requested term, if known, of the guardianship

___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 (or state that no one holds a power of attorney)

___§682 (12): If known by the applicant, the name of the proposed ward’s SPOUSE, if any, and state the spouse’s address or that the spouse is deceased

___§682 (12): If known by the applicant, the name OF EACH PARENT of the proposed ward and state the parent’s address or that the parent is deceased

___§682 (12): If known by the applicant, state the sibling’s address or that the sibling is deceased,

___§682 (12): If known by the applicant, the name and AGE of each of the proposed ward’s CHILDREN, if any, and state the child’s address or that the child is deceased

___§682 (12): if the proposed ward’s spouse, parents, siblings and children are deceased, or if there is no spouse, parent, adult sibling or adult child, the names and addresses of the proposed ward's next of kin who are adults

___facts showing that the court has venue over the proceeding

___for a proposed ward who is a minor, whether the minor was the subject of a legal or conservatorship proceeding within the preceding 2-year period including the court involved, nature of the proceeding and final disposition

___If the spouse is being considered as guardian of the person, appointment of the spouse as community administrator pursuant to §883 of the Texas Probate Code may be a less restrictive alternative to guardianship of the estate.

___If there is an estate with minimal value and the Proposed Ward will be receiving SSI, no guardianship of the estate is required. Applicant can apply to be representative payee with the Social Security Office.

___If the basis of the Proposed Ward’s alleged incapacity is solely mental retardation, Applicant must submit a Determination of Mental Retardation signed by a psychologist licensed in Texas pursuant to Texas Probate Code §687(c).

____Local Rules of Court require that the attorney’s address, including zip code, State Bar Number, telephone and fax number be included on all pleadings.

____ Immediately upon qualification as guardian, the guardian must have the Probate Court ratify any contract to represent the Ward in a wrongful death or personal injury suit

The Clerk will not issue citation until the application complies with TPC 682.

After citation has been issued, an attorney ad litem will be appointed and the court will send applicant’s attorney notice of the hearing date and the name of the attorney ad litem appointed. At the hearing, please bring a prepared order appointing guardian, statement of facts, and oath. For a guardianship of the person and estate, a corporate surety bond is sufficient if one person is serving as guardian of the person and estate. Otherwise, the guardian of the person may submit a personal surety bond. Please do not hesitate to call me if you have any questions.

Paula Conley

Probate Court No. Two Court Investigator

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