JUDGE MATTHEW REUE 100 East Main Street, Suite 203 Brenham, Texas - - PDF document

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JUDGE MATTHEW REUE 100 East Main Street, Suite 203 Brenham, Texas - - PDF document

JUDGE MATTHEW REUE 100 East Main Street, Suite 203 Brenham, Texas 77833 (979)277-6200 ext. 144 Email mreue@wacounty.com Court Policy Regarding "Pro Sen Applicants (Applicants without an Attorney) People who represent themselves in court


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JUDGE MATTHEW REUE

100 East Main Street, Suite 203 Brenham, Texas 77833 (979)277-6200 ext. 144 Email mreue@wacounty.com

Court Policy Regarding "Pro Sen Applicants (Applicants without an Attorney) People who represent themselves in court are called "pro se" or "self-represented" litigants. You are not required to have a lawyer to file papers or to participate in a case in court. You have a right to represent yourself. However, a pro se may not represent others. Under Texas law, only a licensed attorney may represent the interests of third-party individuals or entities, including guardianship wards and probate estates. See Steele v. McDonald, 202 S. W. 3d 926 (Tex. App. Waco, 2006), and the authorities cited in that opinion. Therefore, individuals applying for letters testamentary, letters of administration, determinations of heirship, and guardianships of the person or estate must be represented by a licensed attorney. The only time a pro se applicant may proceed in court is when truly representing only himself or herself. Frequently Asked Questions Q: What is a pro se? A: A pro se is an individual who has not hired a lawyer and appears in court to represent himself and no other person or entity. Q: Can I still serve as an executor, administrator, or guardian even though I'm not a lawyer? A: Yes. One need not be a lawyer to serve as an executor, administrator, or guardian. However, the executor, administrator, o.r guardian must be represented by counsel.

Q: But I'm the only one that needs letters testamentary. As executor, how would I be representing the interests of

  • thers?

A: As executor of a decedent's estate, you don't represent only yourself. An executor represents the interests of beneficiaries and creditors. This responsibility to act for the benefit of another is known as a fiduciary relationship. It gives rise to certain legal obligations and responsibilities that require legal expertise. The attorney you hire represents you in your capacity as executor and assists you in representing those for whom you are responsible. Q:.

IfIget the paperwork from a law library or the internet, can I fill it out and file it? Isn't that what lawyers do?

A: Lawyers don't just fill out forms. Lawyers (1) determine what method of probate or guardianship is appropriate in a particular situation, (2) create or adapt any necessary paperwork., and (3) advise the client about the ongoing responsibilities of a fiduciary. Unless you are a lawyer, you're creating legal pleadings while acting as a fiduciary would constitute the unauthorized practice of law. Q: As a pro se, what proceedings can I do on my own? A: The only proceedings you can handle "as a pro se are those in which you truly would be representing only yourself. For example, a pro se applicant may probate a will as a muniment of title when he or she is the sole beneficiary under the will, and there are no debts against the estate other than those secured by liens against real estate. This procedure can be a viable option in some situations, but not in others. Whether a muniment of title is the correct probate procedure for a particular situation is a legal decision best made by a lawyer. Q: What procedures should I follow, i,f I want to probate a will as a muniment oftitle as a pro se applicant? A: As stated above, whether a muniment of title is the correct probate procedure for a particular situation is a legal decision best made by a lawyer; Court staff cannot guide you or advise what you should do in your case. Ifyou decide to proceed with your case without an attorney, the County Law Library has reference materials that may be helpful. Note the following: (1) To probate a will as a muniment of title, each applicant must be able to swear on personal knowledg~ that there are no debts against the estate other than those secured by liens against real estate. Anyone falsely swearing that the estate has no creditors including Medicaid estate recovery - is subject to a peIjury charge. (2) In a pro se application to probate a will as a muniment of title, all beneficiaries under the will must be applicants, and all beneficiaries must testify at the hearing. (3) The will being offered for probate must be the signed original, or you will need to follow the additional procedural requirements for proving up a will in court. You will need to research what's required for a self-proved will at the Law Library. If you discover that the will is a copy or is not self-proved, Court staff can give you infonnation about what the additional procedural requirements are, but you will need to create all additional documents.

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TJB ! JBCC I Alerts &. A'1MunCements I Reg!stratic:1 of Guaraianshlps Effective 20180601

Appendix A-I

ALERT

A Registrahon of Guardia'1snips effective June 'L 2018, fead more.

REGISTRATION OF GUARDIANSHIPS EFFECTiVE JUNE 1, 2018

Senate Bill 1096 EJ, passed au~mg the 85tn Leg;slature, Regular Session, and will affect the appointment of gU3rdiars The tasks associated with i:rtplemenhng the bill are largely the responsibility of the J"diclal Branch Certification Commission (JBCq but they WI!! also afec~ Ihe co"rts and the clerks The JBCC wan:s to take this

  • oportunity 10 make the courts, clerks and public aware of the upcoMing cha:lges.

Any person(s) or entity applying for appomt:vten! as guardian mJSt co.'1"lplete the fo!;owmg a1 least 10 days before the J"earlng on the application

SUBMIT REGISTRATION INFORMATION TO JUDICIAL BRANCH CERTIFICATION COMMISSION (JBCC): Pnor to

bemg appointea gwardran, the proposed guardian must submit reg.stration information enline Wilh the JBCC

a: https'lfjbcc:exas.txcourts,gov.

The JBCC and clerK of the Court m wh;ch a guardianship applicatiOn is pending must notify the appiicant/proposed guardian and tnek a~torney

  • f the guardiansmp registrahon requirement

If tt>e proposed guardian is not an attorney, certified guardian or corporate fiduciary, the proposed guardian must also complete t'1e fc;!owing sooner tnan 10 days be:ore the hearing on the app!ication'

GUARDIANSHIP TRAINING: After submlttng !he online guardianship registratlc'1 information to JBCC, the

proposed guardian must complete the Guardian Training Module, A certificate of completon will be Issued to the proposed guard,an when the traming has been completed, The JBCC will submit notilication of completIOn to the derk of it-e court with prooate jUrisdiction over :he guardianship The tra:ning ml.sl be completed sooner than 10 days prior to the hearing on tl"e guardianship application

to show that thIS requ;reme~t

has been met The ol1w line traming is being developed and will be available at,"Itlps-,!/jbcctexas.txcour.s,gov, The JBCC and clerk of the Court In which a guardianShip application is pending must nohf)< the applicantipropoSed guardlan and theA attorney of the guardianship tra'ning requirement

CRIMINAL BACKGROUND CHECK: All proposed guardians other than attorneys, certified guardians or

corporate fiduciaries are subject to a cLminal history bacl.;ground cneeK. The name and date of birth background checi!: will be performed by the JBCC if U'l/;' l,qOid estate value of the guardianshIp is lesS than S50,000.

"the liquid estate value is $50,000 or more, a digital fingerprint background check must be

  • completed. Ii is the responsibility of the person applying for appointmert as guardian to submit digital

fingerpr:nts when reqUIred. Information wi'l be provided by JBCC to obta:n digital fingerprints through Texas

  • Dept. of PL.bhc Safety (DPS) when applicable.

hUp:liwww.txcourts.gov/jbcc/alerts-annotlncements/registration-ofw guardlanships-effective-201B06011 4116f2018

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TJ81 J8CC! Aler.s & Anr:ounceroents) Registration of Guardianships EJfeclive 20130601

Page2of2

The background check !"Oust be delivered to the courc at least "0 cays before the hearing on the appLcation fer guardiansh;p - please al'ow suffICient t,rne for processmg before the heanng date (It cou'd lake up to two weeks) The rpethod for ob!alOi'1g a crirr,inai ~jstcry record depends on the Assels of the wa;d's estate, Any crimw\al history record informatIOn is confide~ba! and will be provIded orly to the clerk and ire court

with probate jUfl'sd'clion for aut'1orized purposes and not to be placed 'n the file or record of the

guardiansnip. Tne JBCC and ,::!erk of the Court 1'1 WhiCh a guardianship application is pending must i"IQdfy the appl'¢ant'proposed g'Jardian and their attorney of the criMinal background check requireMent REGISTRATION; After appointMent and Qualification of the guardian, the clerk wil~ Dravlde notice to the JBCC

  • f the fact and da:e of qual'flcation JBCC wil! register the guardianShip In a database accessibie to Jaw
  • enforcement. J8CC seeks to rnainta'n a database 0: curtent, aCCurate information aoout act:ve

guardiansh:ps The clerk must notify JBCC when a guardianship is terminated, lransfe~red

  • r a successor guardian is

appointed.

Tre J6CC IS ourrently developing the registration webpage, on~lIne

registration system, gt..ardlanshlp t:-ainmg procedJres and crir')ina~ i1istory process for the implementation of thls registration requirerrenL The new JBCC rules should be adopted by the Supreme Court o~ Texas soon. The J6CC will provide an e"Tlaii address for all cOIT',;nun:catio'1 and notification reqwre",-enfs between lhe JBCC. coulie and clerks. The JBCC will 31$0 develop a standard notification form to be provided by clerks to the applicants/proposed guardians and their

attorneys Informing them of the registration. training and criminal background check requirements. We Will continue:o keep you aoprised of new developmGl"ts relating to the guardianShip reglstra:ion prograrr, If

you have any questions please do no! hesitate to contact Me, Jeffery L Rinard Director Judic;(11 Branch CertificatlOr Commission (JBCC) Office of Court Admlnlstraton (OCA)

(512,463+9750

Jeff Rlnard@txcourts.gov r!tp;!iwww,[xcou1sgoV!jbcc

htp:/W"txcourts.gov!Jbcfalerts~an'10uncementstregjstration-of-guardianships-elfective-20180601f 4/16!20~

8

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Appendix A-2

Beth Rothermel

County Ciak

Dear Guardian, You have either filed an application to be a guardian or have been identified as a current guardian. On June 1, 2018, each guardianship in Texas must be registered by the Judicial Branch Certification Commission

(JBCC). At your earliest convenience, please go to the following website to provide information about

yourself and the guardianship: http://www.txcourts.gov/jbcc/guardianship-registration/. You may have your attorney enter this information for you. If you were appointed guardian before June 1, 2018, you only need to register the guardianship information in JBCC on-line system and do not need to complete the guardianship training or criminal history background check. Attorneys..;.. who are themselves the guardian, Certified Guardians- certification is done . by the State and Corporate Fiduciaries (a bank or other financial institution) are exempt from the training and criminal history background check. Thank you for your attention to these matters. Sincerely, Beth Rothermel County Clerk Washington County Courthouse • 100 East Main Street • Suite 1

02

Brenmham, Texas 77833

Telephone (979) 277-6200

·------------il!'l!llll!l!ll!lllllilll!!III---~;;~

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Appendix B

IN THE MATTER OF THE GUARDIANSHIP OF COUNTY CLERK

____________ COUNTY, TEXAS

DOCKET NO. ______ Applicant's Attorney Attorney's Name (Address) (City, State, Zip) CITATION BY POSTING Attorney's Name AD LITEM (Address) (City, State, Zip) TO ALL PERSONS INTERESTED IN THE WELFARE OF Docket No. __.. ~ ___ .~, County Court, ~ ___._____COUNTY, Texas.

____.._~

___has filed, in the County Court County, Texas, on ___ FOR GUARDIANSHIP OF THE PERSON AND/OR ESTATE (alter as needed) . Said application will be heard and acted on by said Court at __ AMlPM on the first next after the expiration often days from date ofposting this citation, the same being _____, at AMlPM, at the -,--,__ COUNTY COURT in TEXAS, at which time and place all persons interested in the welfare ofsaid person are required to appear by filing a written answer contesting such application should they so desire. All interested persons are further advised that they have the right to employ an attorney and that if they or their attorneys fail to file a written notice with the clerk who issued this citation by AM/PM on the first ____ next after the expiration of ten days from date ofposting this citation the court may enter orders with binding effects upon said person.

You are notified that you have the right under Texas Estates Code Section 1051.252 to file with the clerk a written request that you be notified of any or all specifically designated motions, applications, or pleadings filed by any person, or by a person specifically designated in your request, relating to the application for the guardianship that has been filed or relating to any subsequent guardianship proceeding involving the ward after the guardianship is created, if any. If you make such a request, you are responsible for the fees and costs associated with furnishing you the documents specified in the request. The clerk may require a deposit to cover the estimated costs of furnishing you with the requested notice. The officer executing this citation shall post the copy ofthis citation at the courthouse door County, or at the place in or near said courthouse where public notices customarily are posted, for not less than ten days before the return day thereof, exclusive of the date ofposting and return the original copy of this citation to the clerk stating in a written return thereon the time when and the place where such copy was posted. GIVEN UNDER MY HAND AND SEAL OF SAID COURT THIS __ day _

..__..__..__,Clerkofthe ________ COUNTYCOURT

By: _~

____________________ ~-

Officer's Return Came to hand on the ____ _ ___..~ __~._~ ...~ ___._-:._~' at ____--:_ o'clock M.and executed on the

__..__' by posting a copy of

the within citation for ten days, exclusive ofthe day ofposting, before the return day hereof, at the County Courthouse door of Washington County, Texas, or at the place in or near the said courthouse where public notices customarily are posted. Posting Citation ' _____

_______-::-_' Sheriff

  • r Constable

_ ___

.._.___ County, Texas

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Appendix C

IN THE MATTER OF THE GUARDI~SHIP OF COUNTY CLERK

_______

COUNTY, TEXAS CASE NO, ___

CITATION PERSONAL SERVICE Applicant's Attorncy ATTORNEY (Address) (City, State, Zip) THE STATE OF TEXAS COUNTY COURT OF __~_~_. COUNTY, TEXAS DOCKET NO. ___ To: (Name) (Address) (City, State, Zip) Notice is hereby given that , as applicant(s), has/have tiled in the . COUNTY COURT of said county, on ___._..~ ..._ ... '

_._._~'

an APPLICATION FOR GUARDIANSHIP OF THE PERSON AND/OR ESTATE (alter wording as needed). You are hereby commanded to be and appear before the Honorable County Court of __.___.. County, Texas at the County Courthouse of said County in ._~

__, Texas, on the

, at __ AM/PM or by filing a "'TItten answer to the APPLICATION FOR gUARDIANSHIP OF THE]ERSONAND/OR ESTATE (alter wording as needed) filed in said Court on the _

,2__. A copy of

said APPLICATION FOR GUARDIANSHIP OF THE PERSONAND/OR ESTATE(alter wording as needed) is attached to this citation. All persons interested in said application are hereby cited to appear before said Court at said above mentioned time and place by tiling a written answer contesting such APPLICATION should they desire to do so. You are notified that you have the right under Texas Estates Code Section 1051.252 to file with the clerk a written request that you be notified of any or all specifically designated motions, applications, or pleadings filed by any person, or by a person specifically designated in your request, relating to the application for the guardianShip that has been filed or relating to any subsequent guardianship proceeding involving the ward after the guardianship is created, if any, If you make such a request, you are responsible for the fees and costs associated with furnishing you the documents specified in the request. The clerk may require a deposit to cover the estimated costs of furnishing you with the requested notice. The officer executing this writ shall promptly serve the same according to the requirements of law and mandates thereof and make due return as the law requires. ISSUED AND GIVEN UNDER MY HAND AND THE SEAL OF THIS COURT at _____ , __._._.~ County, Texas, on this the day , COUNTY CLERK (Address) (City, State, Zip) Deputy OFFICER'S RETURN Came to hand this the day of at

  • 'clock
  • M. and executed at

within the County of at

  • 'clock

M on the day

.~ 20_~

.• by

to the within named . each, in person, a true and correct copy of said citation together with the accompanying copy of the petition, having first attached such copy of such petition to such copy ofcitation and endorsed on such copy of citation the date of delivery. Total fees for serving this citation _.__._.~. Sheriff or Constable of

~

___County, Texas

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Appendix D

CITATION BY PUBLICATION THE STATE OF TEXAS

TO: , all unknown next of kin of_____________ age eighteen years, and all other persons interested in the welfare You and each of you are hereby cited, required and commanded to appear before the County Court County, Texas, to be held in the county courtroom in the courthouse of said county in the city of County, Texas, such appearance to be at or before

  • 'clock a.rnIp.m. of

the first next after the expiration often days from the date of service, exclusive of the day of such service, which day and date of service shall be the date ofpublication that this newspaper bears, and which appearance shall be at such time on such , which will be the __ day of _,20__, by filing written answer to the application hereinafter mentioned, contesting same, should they or any of them desire to do so, which application will, at such

  • 'clock hour and such place be acted on, said application

having been filed by , in said court on the_~ day of_, and now pending therein, in a proceeding on the guardianship docket of said court, styled "In the Matter ofthe Guardianship An Alleged Incapacitated person", the file number of which application and the docket number of which proceedings isL

___, the nature of

such application being an Application for Appointment ofa Permanent Guardian of Person An Alleged Incapacitated person. The name and address of the attorney for applicant:

(NAME) ,(ADDRESS), (CITY, STATE, ZIP)

Attorney Ad Litem

(NAME) (ADDRESS) (CITY, STATE, ZIP)

Witness,,_______, Clerk of the County Court of_____ County, Texas. Given under my hand and seal of said court, at office in the City of_____, Texas, this _ day of , 20_.

(Name), Clerk of the County Court

  • f

County, Texas (ADDRESS) (CITY, STATE, ZIP)

By: ________________

__________, Deputy

I hereby order this writ published once in ________. Sheriff or Constable Pct. __, ____ County By: ______________________

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SLIDE 8

OFFICER'S RETURN Came to hand on the __ day of at

  • 'clock _ M.,

and I executed the within Citation, by publishing the same in , a newspaper in the County in the State of Texas, the County in which such suit is pending, such publication being made once, and being at least ten days prior to the return date hereof, exclusive of the date of

  • publication. Said publication was made on the

day

_,

and duly verified printed copy thereof is returned herewith.

$_-

Sheriff or Constable Pet.

____

County

By: _________________________

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SLIDE 9
  • Appendix E

______ County Clerk

(Address) (Phone number)

NOTICE OF CLAIM

______,20_

(Guardian or Guardian's Attorney) (Address) (City, State, Zip) RE: Cause No. Estate of Dear ____ In accordance with Texas Estates Code, §1157.002, this office hereby notifies you that the following claim has been deposited in the above styled and mentioned Guardianship case

  • n file with our office.

Person/Firm Filing Claim: Date Received: __________________ Amount of Claim: Sincerely, (Name of Clerk)

_____County, Texas

8y:_______, Deputy

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SLIDE 10

Appendix F

THE STATE OF TEXAS COUNTY OF CERTIFICATE OF FILING I,

___, County Clerk of

County, Texas, do hereby certifY that I have received, from _____, County Clerk County, Texas, the certified Transcript for Cause No. ,styled IN THE MATTER OF THE ESTATE OF

_____., DECEASED.

I do further certifY that said Certified Transcript has been filed in my office and that the transfer ofthis Cause to the County Clerk in and for _ County, Texas, is effective upon the receipt ofand filing of the Certificate by the County Clerk County, Texas. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ___ day of___ 2016.

__.__.____County Clerk

(Address) (City, State, Zip) By: _____________________ Deputy

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SLIDE 11
  • Appendix G

SAMPLE TRANSCRIPT

CAUSE NO. THE STATE OF TEXAS COUNTY OF TRANSCRIPT

I, County Clerk of County, Texas do hereby certify that the attached papers are the originals on file in Cause No. , styled IN THE GUARDIANSHIP OF AN INCAPACITATED PERSON, and ordered transferred to the County Court

____ County, Texas.

TITLE OF DOCUMENT:

1.

APPLICATION FOR LETTERS OF GUARDIANSHIP 2. CERTIFIED COPY OF ORDER APPOINTING ATTORNEY AD LITEM 3. CITATION ISSUED (date) 4. CITATION ISSUED TO WARD (date) 5. CITATION POSTED (date) 6. CITATION SERVED (date) 7. CERTIFIED COPY OF ORDER APPOINTING GUARDIAN OF THE PERSON 8. OATH OF GUARDIAN - (name) 9. OATH OF GUARDIAN - (name) 10. CERTIFIED COPY OF PERSONAL BOND OF GUARDIAN OF THE PERSON 11. CERTIFIED COPY OF PERSONAL BOND OF THE GUARDIAN OF THE PERSON 12. MEDICAL EXAMINATION 13. GUARDIAN'S ANNUAL REPORT ON THE CONDITION AND WELFARE OF WARD 14. CERTIFIED COpy OF ORDER APPROVING ANNUAL REPORT 15. CORRESPONDENCE FROM (name of entity)

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SLIDE 12

16. CORRESPONDENCE FROM (name of entity) 17. CORRESPONDENCE FROM (name of entity) 18. GUARDIAN'S ANNUAL REPORT ON THE CONDITION AND WELFARE OF WARD 19. CERTIFIED COPY OF ORDER APPROVING ANNUAL REPORT 20. CORRESPONDENCE FROM (name of entity) 21. GUARDIAN'S ANNUAL REPORT ON CONDITIONED AND WELFARE OF WARD 22. CERTIFIED COPY OF ORDER APPROVING ANNUAL REPORT 23. CORRESPONDENCE FROM (name of entity) 24. CERTIFIED COPY OF APPLICATION AND ORDER TO TRANSFER GUARDIANSHIP TO 25. CORRESPONDENCE FROM JUDGE'S OFFICE 26. GUARDIAN'S ANNUAL REPORT ON CONDITION AND WELFARE OF WARD 27. CERTIFIED COPY OF ORDER APPROVING ANNUAL REPORT 28. CERTIFIED COY OF APPLICATION AND ORDER TO TRANSFER GUARDIANSHIP FROM COUNTY, TEXAS TO TEXAS 29. CORRESPONDENCE FROM TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS ___ DAY OF

_______ ,2__

County Clerk Texas By: ___________ Deputy

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SLIDE 13
  • Appendix H

IN THE MATTER OF THE GUARDIANSHIP OF

COUNTY CLERK

_______ COUNTY, TEXAS

DOCKET NO. APPLICATION FOR SALE OF REAL PROPERTY (NAME) (ADDRESS) (CITY, STATE, ZIP) TO ALL PERSONS INTERESTED IN THE GUARDIANSHIP OF THE PERSON AND/OR ESTATE OF _______

_____ has filed, in the County Court of

County, Texas on day of____, 2_, An Application for Sale ofReal Property, under Section 1158.251 ofthe Estates Code, to wit: Description: (LEGAL DESCRIPTION AS PROVIDED ON THE APPLICATION) Said application and any opposition will be heard and acted on by said Court at AM/PM on the first Monday next after the expiration of ten days from date ofposting this citation, the same being day of

____, 2

at the COUNTY COURT in , TEXAS. All persons interested in above mentioned estate are hereby cited to appear before said Honorable Court at said above mentioned time and place by filling a written answer contesting such application should they desire to do so. The officer executing this citation shall post the copy of this citation at the courthouse door of WASHINGTON County, or at the place in or near said courthouse where public notices customarily are posted, for not less than ten days before the return day thereof, exclusi ve ofthe date ofposting and return the original copy ofthis citation to the clerk stating in a written return thereon the time when and the place where such copy was posted. GIVEN UNDER MY HAND AND SEAL OF SAID COURT THIS __ day of____, 2

__

CLERK OF THE COURT

_____________

COUNTY, TEXAS By: _____________Deputy

Officer's Return Came to hand on the , at

  • 'clock.
  • M. and

executed on the , by posting a copy ofthe within citation for ten days, exclusive ofthe day ofposting, before the return day hereof, at the County Courthouse door ofWashington County, Texas, or at the place in or near the said courthouse where public notices customarily are posted. Posting Citation

  • _.............. ---------,

Sheriff or Constable

______ County, Texas _________________Deputy

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SLIDE 14
  • I

Appendix

IN THE MATTER OF THE GUARDIANSHIP OF

COUNTY CLERK

___________COUNTY, TEXAS

DOCKET NO, _________

APPLICA TION FOR SALE OF PERSONAL PROPERTY (Name) (Address) (City, State, Zip) TO ALL PERSONS INTERESTED IN THE GUARDIANSHIP OF THE ESTATE OF

_____

has filed, in the County Court of County, Texas on day of

2_,

An Application for Sale ofPersonal Property, under Section 1158.051 ofthe Estates Code to wit: Description: (DESCRIPTION OF ITEM AS PROVIDED ON THE APPLICATION) Said application and any opposition will be heard and acted on by said Court at AM/PM on the first Monday next after the expiration of ten days from date ofposting this citation, the same being day of

,2

at the COUNTY COURT in , TEXAS. An persons interested in above mentioned estate are hereby cited to appear before said Honorable Court at said above mentioned time and place by filling a written answer contesting such application should they desire to do so. The officer executing this citation shan post the copy ofthis citation at the courthouse door of County,

  • r at the place in or near said courthouse where public notices customarily are posted, for not less than ten days

before the return day thereof, exclusive of the date ofposting and return the original copy of this citation to the clerk stating in a written return thereon the time when and the place where such copy was posted. GIVEN UNDER MY HAND AND SEAL OF SAID COURT THIS __ day of__, 2

___.

(Name ofCounty Clerk) CLERK OF THE COURT

_____ COUNTY, TEXAS

By: ____________Deputy

Officer's Return Came to hand on the day

~_,

at

  • 'clock.
  • M. and

executed on the day

_, by posting a copy of

the within citation for ten days, exclusive ofthe day ofposting, before the return day hereof, at the County Courthouse door ofWashington County, Texas, or at the place in or near the said courthouse where public notices customarily are posted. Posting Citation

_______, Sheriff

  • r Constable

__....... __~

County, Texas

______________Deputy

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SLIDE 15

Appendix J

IN THE MATTER OF THE GUARDIANSHIP OF COUNTY CLERK

___________ COUNTY,TEXAS

DOCKET NO. _________ CITATION OF GUARDIANSHIP - SUCCESSOR GUARDIAN Applicant's Attorney Attorney Ad Litem ATTORNEY AD LITEM ADDRESS ADDRESS CITY, STATE, ZIP CITY, STATE, ZIP TO ALL PERSONS INTERESTED IN THE WELFARE OF _-=-___ Docket No. ____, County Court, _____ COUNTY, Texas.

______

has filed, in the County Court County, Texas, ON a RESIGNATION (OR REMOV AU OF GUARDIAN AND APPLICATION FOR APPOINTMENT OF SUCCESSOR GUARDIAN OF THE PERSON. Said application will be heard and acted on by said Court at AMIPM on the first next after the expiration of ten days from date of posting this citation, the same being

__,

at __AMI PM, at the .,.-,.-__ ..__ COUNTY COURT in TEXAS, at which time and place all persons interested in the welfare of said person are required to appear by filing a written answer contesting such application should they desire All interested persons are further advised that they have the right to employ an attorney and that if they or their attorneys fail to file a written notice with the clerk who issued this citation BY AMlPM on the first ___ next after the expiration often days from date of posting this citation the court may enter orders with binding effects upon said person. You are notified that you the right under Texas Estates Code Section 1051.252 to file with the Clerk a written request that you be notified of any and all specifically designated motions, applications, or pleadings filed by any person or by persons specifically designated in your request relating to the application for the guardianship that has been filed or relating to any subsequent guardianship proceeding involving the ward after the guardianship is created if any. If you make such a request you are responsible for fees and cost associated with furnishing you the documents specified in the

  • request. The clerk may require a deposit to cover the estimated cost of furnishing you with the requested notice.

The officer executing this citation shall post the copy of this citation at the courthouse door County, or at the place in or near said courthouse where public notices customarily are posted, for not less than ten days before the return day thereof, exclusive ofthe date ofposting and return the original copy of this citation to the clerk stating in a written return thereon the time when and the place where such copy was posted. GIVEN UNDER MY HAND AND SEAL OF SAID COURT THIS _day 2 . ______, Clerk of the _______ COUNTY COURT By: ____________- Officer's Return Came to hand on the , at

  • 'clock.
  • M. and

executed on the day

__.......__, by posting a copy of

the within citation for ten days, exclusive of the day of posting, before the return day hereof, at the County Courthouse door of Washington County, Texas, or at the place in or near the said courthouse where public notices customarily are posted. Posting Citation

___._____, Sheriff

  • r Constable

_____

County, Texas

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SLIDE 16
  • Appendix K

IN THE MATTER OF THE GUARDIANSHIP OF

COUNTY CLERK

'

;. t'

_____________COUNTY, TEXAS

"

...

'/

...

..... ,-'

e

CASE NO, ___

CITATION - SHOW CAUSE THE STATE OF TEXAS COUNTY COURT OF ______COUNTY, TEXAS DOCKET NO. ______ To: (NAME) (ADDRESS) (CITY, ST ATE,ZIP) You are hereby commanded to be and appear and show cause before the Honorable County Court of County, Texas at the County Courthouse of said County in , Texas, on _ day of _____ 2__ at __AM/PM to show cause as to why you should not be removed as Guardian and your letters

  • revoked. Copy ofthe show cause order is attached

.. THIS IS A MANDATORY APPEARANCE ISSUED AND GIVEN UNDER MY HAND AND THE SEAL OF THIS COURT at County, Texas, on this the _ day of , 2

________--', COUNTY CLERK

(ADDRESS) (CITY, STATE, ZIP) By: Deputy OFFICER'S RETURN

Came to hand this the day 20 , at

  • 'clock _ M. and executed at _____-,-___

within the County at

  • 'clock _ M on the __

day 20__, by delivering to the within named each, in person, a true and correct copy of said citation together with the accompanying copy of the petition, having first attached such copy of such petition to such copy of citation and endorsed on such copy ofcitation the date ofdelivery. Total fees for serving this citation $__.....~ Sheriff

  • r Constable of _____County, Texas
slide-17
SLIDE 17

Appendix L

IN THE MATTER OF THE GUARDIANSHIP· ~ COUNTY CLERK

W

____________ COUNTY,TEXAS

DOCKET NO. _________

CITATION - TEMPORARY GUARDIANSHIP- POSTING Applicant's Attorney Attorney Ad Litem ATTORNEY AD LITEM ADDRESS ADDRESS CITY , STATE ,ZIP CITY, STATE, ZIP TO ALL PERSONS INTERESTED IN THE WELFARE OF Docket No. _______, County Court, _____ COUNTY, Texas.

____

has filed, in the County Court County, Texas, on _______, 20 an APPLICATION FOR APPOINTMENT OF TEMPORARY GUARDIAN OF THE PERSON. Said application will be heard and acted on by said Court at AM/PM on the first ___ next after the expiration of ten days from date of posting this citation, the same being , at the COUNTY COURT in , TEXAS, at which time and place all persons interested in the welfare of said person are required to appear by filing a written answer contesting such application should they so desire. All interested persons are further advised that they have the right to employ an attorney and that if they or their attorneys fail to file a written notice with the clerk who issued this citation by AM on the first day next after the expiration often days from date of posting this citation the court may enter orders with binding effects upon said person. You are notified that you have the right under Texas Estates Code Section 1051.252 to file with the clerk a written request that you be notified of any or all specifically designated motions, applications, or pleadings filed by any person, or by a person specifically designated in your request, relating to the application for the guardianship that has been filed or relating to any subsequent guardianship proceeding involving the ward after the guardianship is created, if any. If you make such a request, you are responsible for the fees and costs associated with furnishing you the documents specified in the request. The clerk may require a deposit to cover the estimated costs offurnishing you with the requested notice. The officer executing this citation shall post the copy of this citation at the courthouse door County,

  • r at the place in or near said courthouse where public notices customarily are posted, for not less than ten days before the return

day thereof, exclusive of the date of posting and return the original copy of this citation to the clerk stating in a written return thereon the time when and the place where such copy was posted. GIVEN UNDER MY HAND AND SEAL OF SAID COURT THIS day

_____, Clerk ofthe______

COUNTY COURT By: ___________- Officer's Return Came to hand on the , at

  • 'clock.
  • M. and

executed on the by posting a copy of the within citation for ten days, exclusive of the day ofposting, before the return day hereof, at the County Courthouse door of

__~ __

County, Texas, or at the place in or near the said courthouse where public notices customarily are posted. Posting Citation

_______"

Constable

________,_

County, Texas By______________Dcputy

slide-18
SLIDE 18

­­

­:-

Appendix M

IN THE MATTER OF THE GUARDIANSHIP OF COUNTY CLERK

____________COUNTY,TEXAS

DOCKET NO. ___

CITATION BY PERSONAL SERVICE TEMPORARY GUARDIANSHIP Applicant's Attorney Attorney Ad Litem ATTORNEY ADLITEM ADDRESS ADDRESS CITY, STATE, ZIP CITY, STATE, ZIP COUNTYCOURTOF ______ COUNTY, TEXAS DOCKETNO. ___ TO: (person you arc serving) (address) (city. state, zip) You are hereby commanded to be and appear before the Honorable County Court County, Texas at the County Courthouse of said County in , Texas, on _ day

2_

at ___AM/PM, then and there to give answer and show cause as to why this Temporary Guardianship (per Section 1251.05 I Texas Estates Code.) should not be allowed as set out within the attached application or application and order. THE POSSIBLE CONSEQUENCES OF THE SAID HEARING ARE: THAT WILL BE APPOINTED TEMPORARY GUARDIAN OF THE ESTATE OF , WITH THE POWERS IN THE APPLICATION. The temporary guardianship shall expire by its tcnns at the conclusion of such hearing unless within this time the respondent or his/her attorney consents that such order may be extended for a longer period not to exceed 60 days from the date of filing of the application for temporary guardianship except as provided by 1251.051 Texas Estates Code. The respondent has the following rights concerning this proceeding: I. PRIOR NOTICE; 2. REPRESENTATION BY COUNSEL; 3. BE PRESENT; 4. PRESENT EVIDENCE AND CONFRONTATION AND CROWW­EXAMINE WITNESS; 5. RIGHT TO A CLOSED HEARING IF REQUESTED BY RESPONDENT OR HIS ATTORNEY The officer executing this writ promptly serve the same according to requirements of law, and the mandates thereof, and make due return as law directs. You are notified that you have the right under Texas Estates Code Section 1051.252 to file with the clerk a written request that you be notified of any or all specifically designated motions, applications, or pleadings filed by any person, or by a person specifically designated in your request, relating to the application for the guardianship that has been filed or relating to any subsequent guardianship proceeding involving the ward after the guardianship is created, if any. Ifyou make such a request, you are responsible for the fees and costs associated with furnishing you the documents specified in the request. The clerk may require a deposit to cover the estimated costs of furnishing you with tbe requested notice. ISSUED AND GIVEN UNDER MY HAND AND SEAL OF SAID COURT at County, Texas this

:=­­....... ____' Clerk of

the COUNTY COURT By: _.....__________.__- Officer's Return

_______­­:­' _____, at _____ o'clock

. M. and executed on

__­­­­:­­­­.:_­­::_' _____, by posting a copy of

the within citation for ten days, exclusive of the day of posting, before the return day hereof, at the County Courthouse door County, Texas, or at the place in or near the said courthouse where public notices customarily arc posted. Total fee for serving this citation Texas 2

slide-19
SLIDE 19

Appendix N SAMPLE ­ TEMPORARY GUARDIANSHIP CERTIFICATE

(Give in place of Letters ofTemporary Guardianship) IN THE GUARDIANSHIP OF IN THE COUNTY COURT AT LAW AN INCAP ACIT A TED PERSON

__________COUNTY, TEXAS

CERTIFICATE OF COMPLIANCE WITH OATH AND BOND REQUIREMENTS On the _____ day of______, 20 _,

_______,

Temporary Guardian of the Person (and Estate) of_______, complied with the Oath and Bond requirements set forth by the Order Appointing Temporary Guardian of the Person (and Estate), issued by the Washington County Court at Law. County Clerk, _____ County (Address) (City), Texas 77--- Deputy

slide-20
SLIDE 20

­­­­

Appendix 0

COUNTY CLERK IN THE MATTER OF THE GUARDIANSHIP OF e

'

'I_

i

__________

COUNTY, TEXAS

~

~

....Ii

.,6

DOCKET NO. ________

CITATION­ FINAL REPORT & HNAL ACCOUNTING Applicant's Attorney Attorney Ad Litem (NAME) (NAME) (ADDRESS) (ADDRESS) (CITY, STATE, ZIP) (CITY, STATE, ZIP) TO ALL PERSONS INTERESTED IN THE WELFARE OF Docket No. ____~, County Court, _____ COUNTY, Texas. APPLICANT has filed, in the County Court County, Texas, on , an FINAL REPORT ON CONDITION, WELLF ARE, AND WELL­BEING OF WARD AND ACCOUNT FOR FINAL SETTLEMENT. Said application will be heard and acted on by said Court at .... AM on the first next after the expiration

  • f

ten days from date of posting this citation, the same being _ at AM/PM, at the

­c­::­­­=­­:­:­­­ COUNTY COURT in

TEXAS, at which time and place all persons interested in the welfare of said person are required to appear by filing a written answer contesting such application should they so desire. All interested persons are further advised that they have the right to employ an attorney and that if they or their attorneys fail to file a written notice with the clerk who issued this citation AM/PM on the first next after the expiration of ten days from date ofposting this citation the court may enter orders with binding effects upon said person. You are notified that you have the right under Texas Estates Code Section 1051.252 to file with the clerk a written request that you be notified of any or all specifically designated motions, applications, or pleadings filed by any person, or by a person specifically designated in your request, relating to the application for the guardianship that has been filed or relating to any subsequent guardianship proceeding involving the ward after the guardianship is created, if any. Ifyou make such a request, you are responsible for the fees and costs associated with furnishing you the documents specified in the request. The clerk may require a deposit to cover the estimated costs of furnishing you with the requested notice. The officer executing this citation shall post the copy ofthis citation at the courthouse door

  • r at

the place in or near said courthouse where public notices customarily are posted, for not less than ten days before the return day thereof, exclusive ofthe date of posting and return the original copy of this citation to the clerk stating in a written return thereon the time when and the place where such copy was posted. GIVEN UNDER MY HAND AND SEAL OF SAID COURT THIS

___

day ___,20

__....__, Clerk ____________

COUNTYCOURT By: ­­­­­­­­­­­­­: Officer's Return Came to hand on the

  • f

, at

  • !clock. M. and

executed on the , by posting a copy of the within citation for ten days, exclusive ofthe day ofposting, before the return day hereof, at the County Courthouse door of

_______

County, Texas, or at the place in or near the said courthouse where public notices customarily are posted. Posting Citation ______ _ _______, Constable

_______County, Texas

slide-21
SLIDE 21

Appendix P

IN THE MATTER OF THE GUARDIANSHIP OF

COUNTY CLERK

______ COUNTY, TEXAS

CASE NO. ____ CITATION· TRO

THE STATE OF TEXAS COUNTY COURT OF ______ COUNTY, TEXAS DOCKET NO. ______ To: (NAME) (ADDRESS) (CITY, STATE, ZIP) Whereas, an Application for Appointment Guardian of the Person and Request for TEMPORARY RESTRAINING ORDER AND INJUNCTION in the County Court At Law of

___....__ County, Texas, on the __day

20_,

in cause numbered __..___

  • n the Docket ofsaid Court, styled In the Matter of

the Guardianship an Incapacitated person, wherein, are applicant and is the Proposed Ward: AS PER COPY ATTACHED HERETO AND MADE A PART HEREOF. all of which is more fully shown by a true and correct copy of application which is attached hereto; and upon presentation of said application and affidavit to him and consideration thereof, the Honorable Judge

______ of

said court, made the following order thereon: AS PER COPY ATTACHED HERETO AND MADE A PART HEREOF. You are therefore commanded to desist and refrain from: VIOLATING IN ANY MANNER THE TEMPORARY RESTRAINING ORDER AND ORDER SETTING HEARING OF TEMPORARY ORDERS AS THOUGH THE SAME WERE QUOTED HERE IN VERBATIM IT IS FURTHER ORDERED that appear before the judge ofsaid court at _ AM/ PM.on

______

, 20 __, in the County Court, court room in the court house County, in the City

  • Texas. The purpose of

the hearing will be to determine whether this Temporary Restraining Order should be made Temporary Injunction pending a full trial on the merit. Issued and given under my hand and seal ofsaid court, at office in _____, Texas this the ___ day of

___, A.D., 20_

_ ______, COUNTY CLERK (ADDRESS) (CITY, STATE, ZIP) By: Deputy

slide-22
SLIDE 22

OFFICER'S RETURN

Came to hand this the day ___ ..... ___ 20 , at ___....... _

  • 'clock
  • M. and executed at ___~

....... ____

within the County of

  • 'clock

M on the day of

20_,

by delivering the within named

_____...... ~ ____....... _____ ...______ ...... _____....... _ each, in person, a true and correct copy of said citation

together with the accompanying copy of the petition, having first attached such copy of such petition to such copy of citation and endorsed on such copy of citation the date of delivery. Total fees for serving this citation Sheriff

  • r Constable of_________County, Texas

_________________....._,Deputy

slide-23
SLIDE 23

Appendix Q

1!'Ii THE MATTER OF THE GUARDIANSHIP OF

COUNTY CLERK

_~_~

____ COUNTY.

n:XAS

~-~-

DOCKET NO. LETTERS OF GUARDIANSHIP THE STATE OF TEXAS

______~

Clerk of the __ ~ ___ COUNTY COURT, do hereby I;cnify that on tdatg QfOrd.;;.r io AppointJ,

_____~.,

J.Mmc ofJuardj.~ was duly appointed Guardian or the 1Qg!illD.

1!11dlor e~tat!{L_.of-L~.J!rd}

. Those powers and duties that have been specified as set out

in the Tt'xas Escates Code which are outlined in attached C()py of order. and that they duly qualiiied as such

required by \av,. on 1.9ate of

qualification ~ when Order. Oal,h l:l0.4j}Orl.9 ar~.lin place), Said appointment is now in full force and effec! and wiE expire one year plus 120 days from the appointment date. that being _~ __~ __, unless renewed.

GiVC'fl under my hand and seal this __.. day of_..~

_ ..__...,20 (t­.;amc ofCOI.:JDrv Cerk) Clerk of lhe Connty Cot;,rt

~ ______

  • COUfily. T­:xas

By _.________ ~__ ~__Deput)'

slide-24
SLIDE 24

Appendix Q

1!'Ii THE MATTER OF THE GUARDIANSHIP OF

COUNTY CLERK

_~_~

____ COUNTY.

n:XAS

~-~-

DOCKET NO. LETTERS OF GUARDIANSHIP THE STATE OF TEXAS

______~

Clerk of the __ ~ ___ COUNTY COURT, do hereby I;cnify that on tdatg QfOrd.;;.r io AppointJ,

_____~.,

J.Mmc ofJuardj.~ was duly appointed Guardian or the 1Qg!illD.

1!11dlor e~tat!{L_.of-L~.J!rd}

. Those powers and duties that have been specified as set out

in the Tt'xas Escates Code which are outlined in attached C()py of order. and that they duly qualiiied as such

required by \av,. on 1.9ate of

qualification ~ when Order. Oal,h l:l0.4j}Orl.9 ar~.lin place), Said appointment is now in full force and effec! and wiE expire one year plus 120 days from the appointment date. that being _~ __~ __, unless renewed.

GiVC'fl under my hand and seal this __.. day of_..~

_ ..__...,20 (t­.;amc ofCOI.:JDrv Cerk) Clerk of lhe Connty Cot;,rt

~ ______

  • COUfily. T­:xas

By _.________ ~__ ~__Deput)'

slide-25
SLIDE 25

Guardianship Certification Board

Private Professional Guardians Registered with the County Clerk January 1 through December 31, 20_

County Clerk Reporting Form

County Name: 2.. Name of person/fmpletingthis fonn:

3.

_u

I( \(j 0h'l ;,\(1+011\

1?e+h 1<[>-tV Y? II {\r\f:? \

Texas Probate Code § 697(e): Not later than January 31 of each year, the clerk shall submit to the Guardianship Certification Board the names and business addresses of private professional guardians who have satisfied the registration requirements under this section during the previous year. Ifno private professional guardians registered in your county for calendar year

_ ,please check here IvI and submit the form as instructed below.

Please provide the following information:

  • 5. Name
  • 6. Business Name (if

applicable)

  • 7. Address (Street, City, State, ZIP)

.,.­­-

­

~-

­-

­- ­­-

C­­­_

Please return this form no later than January 31, to: Lesley Martin Ondrechen (E­mail submissions are preferred.) Director, Guardianship Certification Program Office of Court Administration by e­mail: It;".ik.y:()1l~l!:~s:ht:.!ili!lL-.;<:01W.:;U:.~.Q.Y

  • r by mail: P.O. Box 12066

Austin TX 78711­2066

GCB­County Clerks

>

­"

"

CD

::s

Q. ;C"

en

slide-26
SLIDE 26

Appendix T

WASHINGTON COUNTY CLERKS' PROCEDURES

Application for Registration of Private Professional Guardian

A Private Professional guardian must apply annually to the clerk for Certification of registration.

The application mustinclude a swom _tement(signed

& notarized) containing:

  • 1. Place of Residence
  • 2. Business address & business telephone number
  • 3. Educational background and professional experience
  • 4. Three or more professional references
  • 5. The names of ail each ward the private profeSSional guardian or person is Of wll! be

serving as a guardian

  • 6. The aggregate fair market value of the property of all wards that is being or will be

managed by the private professional guardian or person

  • 7. Whether the guardian has been removed as guardian by the court or resigned as

guardian in a particular ease, and, if so, a description of the cIrcumstances causing the removal or resignation, and the style of the suit, the docket number, and the court having jurisdiction over the proceeding,

  • 8. Certification number or provisional certification number issued by the Judicial Branch

Certification CommIssion

The applicantmustalso SIIbmit:

L A non-refundable fee of $40.00 ­ EC 1104.303

  • goes into Clerk fees - General Fund
  • 2. Criminal history record information that is maintained by the Department of Public

Safety or the Federal Bureau of Investigation identification division relating to (Estates Code 1104.403) or the County Clerk may perform this task. Clerk may charge a $10 fee for obtaining the criminal history (1104.402).

  • ~-7~-~·~-~-~*The term of the registration begins on the date that the requirements are met and extends

through December 31 of the initial year, After the initial year of registration/ the term begins

  • n January 1 and ends on December 31 of each year. EC 1104.304

A RENEWAL APPLICATION MUST BE COMPLETED DURING DECEMBER OF THE YEAR PRECEDING THE YEAR FOR WHICH THE RENEWAL IS REQUESTED. EC 1104,304 The clerk will bring the information contained in the initial or renewal application to the Judges' attention for review. No order is signed. EC 1104.305

NO later than January 31 of each year the cleric shall submit to the Guardianship Certification Bwrd and

Health and Human Services COmmission the names and business address of aU private professional

guardians who haVe satisfied the registration requirements under the Texas Estates COde during the preceding year,

Estates Code 1104.301 - 1104.306

slide-27
SLIDE 27

A.W! ].;;

Pn.'hl.:rihc<J by S,­,,<;!("wry of5ra:~ Sectioll lfdlU2, Te"as EleclJOH Code :;,07

Appendix U

ABSTRACT OF FINAL JUDGMENT OF MEl'iTAL ll'iCAPACITY

1, the underslgned, being the clerk of

the county or probate court of _______ County, do herehy certify that the following person is oncgal voting agc and a resident within this State,

1 do hereby certi Iy that he/she has bcen adjudged mentally mcapacitatcd or partially

incapacitated without the right to vote. in ­c­­

__ ......__

(name ofcourt) docket numher

...............__ 011 ~-~c-c;-~

(date ofadjudgment)

Name of person Pennanent residence addre!'!' _____ Birthdate Social Security Numher (if availahle) Supplemental identification:

­­­­­­­­­­_..............••... _.

Signature ofClerk

Seal

Date Not later than the loth day of each munth, the clerk of eaeh eounty or prohnte court in this Stale shall furnish to the registrar of voters of the county of residence of the per~on

~o

adjudged, an abstract of eaeh final judgment adjudging the perilon over the minimum voting age and residcnl within lhi~ State to be mentally incapacitated or partiaHy inc:.ipacitated ..\:ithout the right to vote.

slide-28
SLIDE 28

GUARDIANSHIP -

POSTING OF NOTICE/CITATION:

*"Court has d:screlion to reqUire posting beyoM wl1at's required in S:atwte

H~!sued

upon reqt..est

  • 1. Application to Appoint Guardian or Successor Guardian
  • 2. Sale of Rea; Property :;;'1 Guardian
  • 3. Notice of Sale of Personal Property
  • 4. Borrowing Money by Guardian of Estate

5 Mortgage of Residen:ial Homestead of ""'Incr withoul9drship

  • 6. Reinstatement of Guardian after Removal

7, Appilcatioo by guardian of estate to make tax motivated gift

  • 8. Fmal Ser.lemet'lt/F naJ AccOu'1ling
  • 9. Notice of Intention to tak.e Deposit:Of1

NOTICE GIVEN BY PERSONAl. REPRESENTATIVE:

  • 1. Notice to Holders of Secured or Recorded Claims

NO NOTICE NEEDED:

{unless requested)

  • 1. Sale of Property by Pa~er:t

W,t:l0clt Guardiansnip

  • 2. Sale af Property of Ward without Guardianship

EC 51 001 TRCP 99(a)

EC 1051,'!C2 & EC 1203.004 EC 1:58253 EC 1158.103

EC 1151202 EC 1352 104

EC 1204.105 EC 1051253

EC 1153.003

EC 1351.054

slide-29
SLIDE 29

GUARDIANSHIP -

SERVICE OF NOTICE/CITATION:

HCOUr: may require poshng beyOnd what's reqJired h statu:e ""Issued only upon ,equest

  • 1. Applicatior:o APDO nt Guardian

· sew!? proposed ward, paren:,. CQ'lse"¥3icr, ward's SP:lLS&, persor lamed In appllcal,otl to be 6PP<HlIod ilclardlan if

l~ey

are nQI ~he ap;Jlicaf't

2, Temporary Guardia'1sh,p

  • seNe proposed ward, proposed w;:mfs aUy, proposed lemp. guardian
  • serv" with 11 copy of the appliclIlion

3, Successor Guardiar'l Ilmless immecllal€ need - then without notice par court)

  • 4. Transfer of Guardianship to another courty (serve surety)

Transfer of Guardianship to foreign jLrisdic!io'l (interstate)

  • 5. Removal of Guard an

· cal' "('imOOi1 w/101.lI nollee 100 - EC 12[3·05:

OTHER NOTICES:

1, Notice to Voter Registrar

  • 2. NoLce to DPS of Guardiansh,p
  • 3. Not,ce of Fina! Judgement

4, D(smissa: or Drop Docket on Civil matter

Guardian or their Attorney Publishes in newspaper:

  • 1. Notice by Rep'esentatlve of Aopolntment - for claims

TRCP 99la) EC 1051.103

EC 1251.005 EC 1203.102 EC 1023004 EC 1253.002 EC 1203.052 Election Code 16 002 EC 1101151·152 TRCP 306

TRCP 165(a;