Texas Guardianship Manual (4th Edition)

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Texas Guardianship Manual (4th Edition)

  • A project of the State Bar Guardianship Manual Committee, Sarah Patel Pacheco, chair
  • Includes supplementation through 2018
  • © 2016, 2018
Available in three formats!
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  • Hard Copy & Digital Download
  • Digital Download Only
  • Online Subscription

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Need more than one copy? Select the additional license check box on the purchase page and pay only $40 per license.

The newly updated Texas Guardianship Manual is a valuable resource for lawyers administering guardianships and is organized by the logical sequence of events occurring during the administration process. The uniform format of practice notes and forms is designed to enhance readability and ready reference and to accommodate easier word-processing use of the forms. Save time and money with the Texas Guardianship Manual in the format that suits you best: online subscription, digital download only, or hard copy plus digital download.

The Texas Guardianship Manual 2018 Supplement updates the practice notes and forms to conform to changes from the Eighty-fifth Texas legislative session and incorporates new relevant case law. All forms have been updated to reflect current statutory language or replaced to reflect current versions. Additionally, the Ward’s Bill of Rights has been added as a new form to chapter 4, and a VA Fiduciary’s Account and Advanced Directive have been added to chapter 5. The Statutory Durable Power of Attorney has been revised to reflect significant changes from the legislative session, and the Medical Power of Attorney has also been updated to reflect new statutory language and to incorporate the required disclosure language.

Also featured in the Texas Guardianship Manual:

  • Surrogate decision making (with subsection on end-of-life planning)
  • Interventional alternatives
  • Declaration for mental health treatment
  • Pooled trust subaccounts
  • Management of community property by spouse
  • Probate court jurisdiction
  • End-of-life planning

Forms include:

  • Authorization agreement for nonparent relative
  • Engagement letter
  • Application and order for no administration/family allowance
  • Petition for removal of disabilities of minority
  • Physician’s Certificate of Medical Examination

The Texas Guardianship Manual Digital Download is included at no charge with purchase of the hard copy and may also be purchased separately. The digital download contains the full text of the book as a hyperlinked and fully word-searchable PDF file to allow for simple, rapid navigation to topics of interest. All State Bar of Texas–copyrighted forms are available in Word for easy assembly. The digital download includes hyperlinked Texas and federal case and statutory citations so you can go straight to the case or statute you need in the free Casemaker Web Library.

The digital download also contains a custom toolbar for Word forms that allows users to show, hide, print, and delete all instructional material. Other features include prompts to facilitate completing the form.

Finally, the most robust format, the online subscription, provides access to all materials available in the hard copy version as well as all the features of the digital download. Additional features include filtered searches with high-relevancy results, optimized for mobile devices, and user highlights, bookmarks, and annotations that save your work for the next time you log in. The online subscription always contains the most recent updates.

FORMS

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A

Abandonment Order, 8‑30
Account for Final Settlement, 14‑1
Affidavit in Support of Attorney’s Fees, 14‑3
Affidavit of Failure to Give Security for Costs, 6‑11
Annual Account [Complex], 8‑31
Annual Account [Simple], 8‑33
Annual Report on Location, Condition, and Well-Being of Ward, 8‑35
Application for Abandonment of [Real/Personal] Property, 8‑29
Application for Appointment of Guardian of Estate, 5‑3
Application for Appointment of Guardian of Person and Estate [Adult, Total Incapacity], 4‑18
Application for Appointment of Guardian of Person and Estate of Minor, 4‑19
Application for Appointment of Guardian of [Person/Estate/Person and Estate] [Adult, Partial Incapacity], 4‑17
Application for Appointment of Nonresident Guardian of Nonresident Ward’s Estate, 13‑5
Application for Appointment of Receiver, 3‑29
Application for Appointment of Successor Guardian of Person, 9‑9
Application for Appointment of Temporary Guardian of [Person/Estate/Person and Estate], 4‑2
Application for Appointment of Temporary Guardian Pending Contest, 10‑1
Application for Approval of Guardian’s Management Plan, 8‑43
Application for Authority to Expend Funds, 8‑7
Application for Authority to Make [Annual] Tax-Motivated Gifts, 8‑39
Application for Compensation of Guardian, 8‑15
Application for Establishment of Subaccount with [name of trust] Pooled Trust, 3‑20
Application for Extension of Time to File Inventory, Appraisement, and List of Claims, 7‑3
Application for Leave to Resign as Guardian and for Appointment of Successor Guardian, 9‑7
Application for Leave to Resign as Trustee and for Appointment of Successor Trustee, 11‑7
Application for Order of No Administration, 3‑22
Application for Partial Restoration of Ward, 9‑3
Application for Payment of Attorney’s Fees, 8‑11
Application for Payment of Trustee’s Compensation, 11‑17
Application for Receipt and Acceptance of Foreign Guardianship, 13‑3
Application for Reimbursement of Expenditures, 8‑9
Application for Restoration of Ward and Termination of Guardianship, 9‑5
Application for Safekeeping of Assets and Reduction of [Proposed] Guardian’s Bond, 7‑6
Application for Sale of Perishable Personal Property, 8‑25
Application for Sale of Personal Property, 8‑27
Application for Sale of Property under Texas Estates Code Section 1351.001, 3‑25
Application for Sale of Property under Texas Estates Code Section 1351.052, 3‑27
Application for Sale of Real Property, 8‑21
Application to Appoint Successor Guardian, 9‑8
Application to Appoint Successor Trustee of Management Trust, 11‑8
Application to Close Estate and Discharge Guardian, 14‑6
Application to Close Estate and Discharge Temporary Guardian of [Person/Estate/Person and Estate], 4‑12
Application to Contract for Goods or Services, 8‑17
Application to Create Management Trust for Benefit of [name of ward], 11‑1
Application to Discharge Trustee, 11‑15
Application to Employ Attorney, 8‑19
Application to Establish Annual Expenditures, 8‑1
Application to Expend Funds for Adult Ward’s [Spouse/Dependent[s]/Spouse and Dependent[s]], 8‑3
Application to Expend Funds for Care and Support of Minor Ward, 8‑5
Application to Make Charitable Gifts, 8‑41
Application to Modify Guardianship, 9‑1
Application to Pay Appointee’s Fees and Expenses, 6‑18
Application to Pay Claim, 8‑37
Application to Ratify Expenditures, 8‑13
Application to Transfer Guardianship From [name of county] County, Texas, Pursuant to Texas Estates Code Section 1023.003, 4‑31
Application to Withdraw Funds under Texas Estates Code Chapter 1355, 3‑14
Attorney’s Fee Order, 8‑12
Authorization Agreement for Voluntary Adult Caregiver, 3‑1
Authorization for Release of Protected Health Information, 6‑20
Authorization to Consent to Treatment of Minor, 3‑7

B

Bank Certificate and Verification of Funds on Deposit [Permanent Guardianship], 14‑2
Bank Certificate and Verification of Funds on Deposit [Temporary Guardianship], 4‑10

C

Claim of [name of claimant], 7‑14

D

Debtor’s Statement—Small Estates, 3‑13
Declaration for Mental Health Treatment, 3‑12
Declaration of Appointment of Guardian for My Children in Event of Death or Incapacity, 3‑11
Decree of Sale for [Real/Personal] Property, 8‑24
Designation of Guardian in Event of Later Incapacity or Need of Guardian, 3‑10
Directive to Physicians and Family or Surrogates, 3‑6

E

Engagement Letter and Fee Agreement, 1‑1
Examination/Investigation Request, 3‑9

F

Final Account, 11‑13
Final Account of Temporary Guardian, 4‑8
Final Report on Location, Condition, and Well-Being of Ward and Application to Discharge Guardian, 14‑12
First Annual Account of Trustee of Management Trust, 11‑5

G

Guardian’s Bond and Affidavit of Sureties, 4‑27

 

I

Inventory, Appraisement, and List of Claims [Basic], 7‑1
Inventory, Appraisement, and List of Claims [Complex], 7‑2

J

Joint Application for Termination of Original Management Trust, Discharge of Trustee of Original Management Trust, Creation of Restated Management Trust, and Appointment of Trustee of Restated Management Trust, 11‑10

M

Management Trust, 11‑2
Medical Power of Attorney Designation of Health-Care Agent, 3‑4
Motion for Appointment of Attorney Ad Litem (Tex. Est. Code § 1054.001), 6‑1
Motion for Appointment of Attorney Ad Litem (Tex. Est. Code § 1204.002), 6‑3
Motion for Discharge, 6‑13
Motion for Disclosure of Confidential Records, 10‑8
Motion for Examination, 6‑6
Motion for Independent Mental Examination, 10‑6
Motion for Order to Obtain Protected Health Information, 6‑21
Motion for Security for Costs, 6‑8
Motion in Limine, 10‑4
Motion to Appoint Temporary Guardian Pending Contest, 4‑4
Motion to Create Texas Property Code Section 142 Trust, 3‑16
Motion to Dismiss Action for Failure to Give Security for Costs, 6‑10
Motion to Extend Hearing on Temporary Guardianship, 4‑6
Motion to Extend Temporary Guardianship Pending Contest, 10‑2
Motion to Release Guardian’s Cash Bond, 14‑10
Motion to Release Temporary Guardian’s Cash Bond, 4‑14
Motion to Transfer Ward and Cause to [name of foreign county] under Texas Estates Code Section 1253.001, 13‑1

N

Notice of Hearing by Submission, 5‑5
Notice to Secured and General Creditors, 7‑11

O

Oath, 4‑26
Objection to Application to Pay Appointee’s Fees and Expenses [and Request for Jury Trial], 10‑17
Order Acknowledging Review of Final Report and Discharging Guardian, 14‑13
Order Appointing Attorney Ad Litem, 6‑15
Order Appointing Attorney Ad Litem (Tex. Est. Code § 1204.002), 6‑4
Order Appointing Attorney Ad Litem (Tex. Est. Code § 1054.001), 6‑2
Order Appointing Guardian, 5‑4
Order Appointing Guardian Ad Litem, 6‑16
Order Appointing Nonresident Guardian of Nonresident Ward’s Estate, 13‑6
Order Appointing Permanent Guardian of Person and Estate with Full Authority, 4‑20
Order Appointing Permanent Guardian of Person and Estate with Limited Authority, 4‑22
Order Appointing Permanent Guardian of Person with Full Authority, 4‑21
Order Appointing Receiver, 3‑30
Order Appointing Successor Guardian, 9‑10
Order Appointing Successor Trustee of Management Trust, 11‑9
Order Appointing Temporary Guardian of [Person/Estate/Person and Estate], 4‑3
Order Appointing Temporary Guardian Pending Contest, 4‑5
Order Approving Account for Final Settlement, 14‑4
Order Approving Annual Account [Complex], 8‑32
Order Approving Annual Account [Simple], 8‑34
Order Approving Annual Account of Management Trust, 11‑6
Order Approving Annual Report, 8‑36
Order Approving Bond, 4‑28
Order Approving Claim, 7‑15
Order Approving Contract for Goods or Services, 8‑18
Order Approving Final Account and Directing Funding of Restated Management Trust, 11‑14
Order Approving Final Account of Temporary Guardian, 4‑11
Order Approving Guardian’s Management Plan, 8‑44
Order Approving Inventory, Appraisement, and List of Claims, 7‑5
Order Approving Motion to Transfer Ward and Cause to [name of foreign county] under Texas Estates Code Section 1253.001, 13‑2
Order Approving Payment of Claim, 8‑38
Order Approving Sale of Perishable Personal Property, 8‑26
Order Authorizing [Annual] Tax-Motivated Gifts, 8‑40
Order Authorizing Appointee’s Fees, 6‑19
Order Authorizing Charitable Gifts, 8‑42
Order Authorizing Employment of Attorney, 8‑20
Order Authorizing Expenditure of Funds, 8‑8
Order Authorizing Expenditure of Funds for Adult Ward’s [Spouse/Dependent[s]/Spouse and Dependent[s]], 8‑4
Order Authorizing Expenditure of Funds for Care and Support of Minor Ward, 8‑6
Order Authorizing Guardian’s Compensation, 8‑16
Order Authorizing Reimbursement, 8‑10
Order Authorizing Safekeeping of Assets and Reduction of Guardian’s Bond, 7‑7
Order Authorizing Trustee’s Compensation, 11‑18
Order Closing Estate and Discharging Guardian, 14‑9
Order Closing Estate and Discharging Temporary Guardian, 4‑13
Order Creating Management Trust for Benefit of [name of ward], 11‑4
Order Creating Restated Management Trust and Directing Trustee to File Final Account, 11‑12
Order Creating Texas Property Code Section 142 Trust, 3‑17
Order Discharging Trustee, 11‑16
Order Establishing Annual Expenditures, 8‑2
Order Establishing Subaccount of Pooled Trust, 3‑21
Order Extending Hearing on Temporary Guardianship, 4‑7
Order Extending Inventory, Appraisement, and List of Claims, 7‑4
Order Extending Temporary Guardianship Pending Contest, 10‑3
Order for Distribution of [Minor’s/Incapacitated Person’s] Funds, 3‑19
Order for Examination, 6‑7
Order for Independent Mental Examination, 10‑7
Order for Partial Restoration of Ward, 9‑4
Order for Sale of Personal Property, 8‑28
Order for Sale of Property under Texas Estates Code Section 1351.001, 3‑26
Order for Sale of Property under Texas Estates Code Section 1351.052, 3‑28
Order for Sale of Real Property, 8‑22
Order for Security for Costs, 6‑9
Order Granting Authority to Pay Attorney’s Fees, 14‑5
Order Granting Disclosure of Confidential Records, 10‑9
Order Granting Motion in Limine, 10‑5
Order Modifying Guardianship from Partial Incapacity to Total Incapacity, 9‑2
Order of Discharge, 6‑14
Order of Dismissal, 6‑12
Order of No Administration, 3‑23
Order on Motion for Order to Obtain Protected Health Information, 6‑22
Order Ratifying Corpus Disbursements, 8‑14
Order Receiving, Accepting, and Modifying Foreign Guardianship, 13‑4
Order Releasing Guardian’s Cash Bond, 14‑11
Order Releasing Temporary Guardian’s Cash Bond, 4‑15
Order Removing Disabilities of Minority, 3‑32
Order Restoring Capacity and Terminating Guardianship, 9‑6
Order to Release Funds, 3‑15
Order Transferring Guardianship Proceeding from [name of county] County, Texas, Pursuant to Texas Estates Code Section 1253.003, 4‑32
Order Vacating Appointment of Attorney Ad Litem, 6‑17
Original Answer of Attorney Ad Litem, 6‑5
Original Petition for Removal of Disabilities of Minority, 3‑31

P

Permissive Notice to Creditors, 7‑13
Physician’s Certificate of Medical Examination, 4‑1
Proof of Facts [Adult], 4‑30
Proof of Facts [Minor], 4‑29
Proof of Service of Notice to Secured and General Creditors, 7‑12
Published Notice to Creditors, 7‑9
Publisher’s Affidavit, 7‑10

Q

Questions for Physician Witness, 10‑16

R

Receipt, 4‑16
Receipts and Release, 14‑8
Report of Sale of [Real/Personal] Property, 8‑23
Requests for Admission [Directed to Applicant], 10‑14
Requests for Admission [Directed to Contestant], 10‑15
Restated Management Trust, 11‑11

S

Safekeeping Agreement, 7‑8
Sample Interrogatories, 10‑12
Sample Requests for Production, 10‑13
Selection of Guardian by Minor, 4‑25
Special Needs Trust Termination Provisions, 11‑3
Statement of Intent for End-of-Life Planning, 3‑8
Statutory Durable Power of Attorney, 3‑2
Subpoena to Compel Production of Protected Health Information of [name of patient] Issued in the Name of the State of Texas, 6‑23
Supported Decision-Making Agreement, 3‑3

T

Temporary Guardian’s Affidavit, 4‑9
Terms of Trust and Agreement of Trustee, 3‑18
[Title of requestor]’s [Interrogatories/Requests for Production/Requests for Admission], 10‑11
[Title of requestor]’s Requests for Disclosure, 10‑10
Transfer under Texas Uniform Transfers to Minors Act, 3‑24
Trust Declaration of [name of settlor], 12‑1

V

VA Advance Directive Durable Power of Attorney for Health Care and Living Will, 5‑2
VA Fiduciary’s Account, 5‑1

W

Waiver of Citation, 4‑24
Waiver of Notice and Citation, 14‑7
Waiver of Right to Be Appointed Guardian of Person and Estate, 4‑23
Ward’s Bill of Rights (Tex. Est. Code § 1151.351), 4‑33

CONTENTS

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Letter from the President of the Statae Bar of Texas
Preface
Summary of Contents
How to Download This Manual
Introduction

1 Ethics & Professional Conduct
2 Reserved
3 Alternatives to Guardianship & Preguardianship Planning
4 Creating Guardianships
5 Guardianships of Veterans & Dependents
6 Guardians & Attorneys Ad Litem
7 Inventory, Safekeeping & Creditors
8 Administration
9 Modification & Restoration
10 Litigation
11 Guardianship Management Trusts
12 Public Benefits
13 Foreign Guardianships
14 Final Accounts & Closing Guardianships
15 Compliance, Show Cause Order, Removal & Reinstatement
16 Legislative Update

Statutes and Rules Cited
Cases Cited
List of Forms by Title
Subject Index

Purchase the Texas Guardianship Manual, Fourth Edition