Texas Guardianship Manual (3rd Edition)

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Texas Guardianship Manual (4th Edition)

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

 

The new fourth edition of the 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, and hard copy plus digital download.

The new edition of the Texas Guardianship Manual includes 2015 legislative updates, with material dedicated to the discussion of recent statutory updates relevant to the creation and administration of guardianships, including discussion of available supports and services. New practice notes discuss compliance requirements, methods for ensuring compliance, and consequences of noncompliance, and revisions throughout the manual reflect updated statutory and case law. The hard copy will now consist of two binders.

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
  • Application and order 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 product 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.

Need more than one copy? The price for an additional individual license is only $40.

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

B

Bank Certificate and Verification of Funds on Deposit [Permanent Guardianship] Bank Certificate and Verification of Funds on Deposit [Temporary Guardianship]

C

Claim of [name of claimant]

D

Debtor’s Statement—Small Estates
Declaration for Mental Health Treatment
Declaration of Appointment of Guardian for My Children in Event of Death or Incapacity
Decree of Sale for [Real/Personal] Property
Designation of Guardian in Event of Later Incapacity or Need of Guardian
Directive to Physicians and Family or Surrogates

E

Engagement Letter and Fee Agreement
Examination/Investigation Request

F

Final Account
Final Account of Temporary Guardian
Final Report on Location, Condition, and Well-Being of Ward and Application to Discharge Guardian
First Annual Account of Trustee of Management Trust

G

Guardian’s Bond and Affidavit of Sureties

 

I

Information Concerning Medical Power of Attorney
Inventory, Appraisement, and List of Claims [Basic] Inventory, Appraisement, and List of Claims [Complex]

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

M

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

N

Notice of Hearing by Submission
Notice to Secured and General Creditors

O

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

P

Permissive Notice to Creditors
Physician’s Certificate of Medical Examination
Proof of Facts [Adult] Proof of Facts [Minor] Proof of Service of Notice to Secured and General Creditors
Published Notice to Creditors
Publisher’s Affidavit

Q

Questions for Physician Witness

R

Receipt
Receipts and Release
Report of Sale of [Real/Personal] Property
Requests for Admission [Directed to Applicant] Requests for Admission [Directed to Contestant] Restated Management Trust

S

Safekeeping Agreement
Sample Interrogatories
Sample Requests for Production
Selection of Guardian by Minor
Special Needs Trust Termination Provisions
Statement of Intent for End-of-Life Planning
Statutory Durable Power of Attorney
Subpoena to Compel Production of Protected Health Information of [name of patient] Issued in the Name of the State of Texas
Supported Decision-Making Agreement

T

Temporary Guardian’s Affidavit
Terms of Trust and Agreement of Trustee
[Title of requestor]’s [Interrogatories/Requests for Production/Requests for Admission] [Title of requestor]’s Requests for Disclosure
Transfer under Texas Uniform Transfers to Minors Act
Trust Declaration of [name of settlor]

W

Waiver of Citation
Waiver of Notice and Citation
Waiver of Right to Be Appointed Guardian of Person and Estate

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

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

Purchase the Texas Guardianship Manual, Fourth Edition
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