Piece of the Puzzle, Part of the Whole This session provides an - - PDF document

2019 County and District Clerks’ Association

• f Texas

Annual Education Conference

June 23-27, 2019 The Woodlands Waterway Marriott Hotel & Convention Center

Piece of the Puzzle, Part of the Whole

Breakout 1: Guardianship– Filing a Case

Tuesday, June 25, 2019 1–2:30 p.m

• Hon. Beth Rothermel

Washington County Clerk

• Hon. Julie Smith

Potter County Clerk

This session provides an overview of the different types of guardianship and the purpose of each, including temporary, permanent, partial and full

• guardianships. It will also provide step- by-step

instructions for filing a new guardianship case, including forms, citations and postings.

• Hon. Beth Rothermel, Washington County Clerk

Beth Rothermel has been County Clerk of Washington County since 1995, was born and raised in Washington County. She graduated from Brenham High School, Blinn College and Texas A&M University. A passionate historian, she has embarked on projects involving conservation of

• ld books and computerization of most records in

the County Clerk's office for more efficient research. Rothermel has served

• n

many committees and in all offices of the County and District Clerks' Association of Texas (CDCAT), including a term as president in 2005-2006. She became a Master Registrar in 2004. She was a founding board member of the Risk Management Board of the Texas Association of Counties, was

• n the advisory committee to the Texas State

Library and Archives, Office

• f

Court Administration Judicial Data Workgroup, and has served as a mentor to other clerks. Rothermel also served on the National Association of Counties Telecommunications Committee for several years.

• Hon. Julie Smith, Potter County Clerk

Julie Smith took office as Potter County clerk in

• 2007. In office, she has served on various boards

and committees within Potter County. She has also served on various committees within CDCAT, currently on the Probate Academy Committee and as director in Region 1.

1

Guardianship

Estates Code (EC)



Guardianship Statutes: Sections 1001 – 1357



West’s Texas Statutes & Codes



http//legalsolutions.thomsonreuters.com



About $76



Statutes only



O’Connor’s Texas Estates Code Plus



https://oconnors.com/store/products/probate-law 

About $95



Annotated (includes commentary)



Johanson’s



http://legalsolutions.thomsonreuters.com/law-products 

About $154



Annotated ( includes commentary)

Helpful websites



Search statutes (laws)



www.capitol.state.tx.us

Click on Statutes 

AG (Attorney General) opinions



www.oag.state.tx.us/opin/



OCA (Office of Court Administration)



www.courts.state.tx.us/oca/



TAC (Texas Association of Counties)



www.county.org



Other county’s websites



www.co.travisx.tx.us/probate/default.asp



www.co.dallas.tx.us

2

Who hears Guardianships?

 County Court – County Judge  Court at Law Court at Law Judge is an attorney Law must be passed by the Legislature to establish a

Court at Law

 Statutory Probate Court – hear only probate/guard. Statutory Probate Judge is an attorney Law must be passed by the Legislature to establish Harris, Dallas, Tarrant, El Paso, Travis, etc.

Advice?

 Government Code (GC) 81.101  Clerk is not allowed to give legal advice

Errors & Omissions insurance does not cover

giving advice/telling how or what to file!

 Generally, the Clerk should file the

documents presented; let the Court decide if the document is acceptable

3

What is Guardianship?

 Person is in need of protection or help in managing

their daily affairs – WARD

 Guardianship Case is filed  Court appoints a guardian  Verbally telling someone or giving permission in

writing is not a guardianship – it must go through the court

 A true guardianship is set up by a court of law

Types of Guardianship

Full – ward is found without capacity to care for self, manage property, operate vehicle, make decisions, vote

• EC 1101.151
• “Fully or totally incapacitated or without capacity” wording should be in

the Order

• report to NICS

Limited – specifies extent

• Ward lacks capacity to do some, but not all, tasks
• EC 1101.152
• depending on what the Order says, you MAY have to report to NICS

***************************************************************************************** Kinds of wards – Minor Disabled minor becoming an adult Incapacitated adult

Order should state capacity -

 Full guardianship  Limited – ward has

some rights

4

Length

 Permanent – lasts until ward dies or the court terminates  Temporary – no longer than 60 days- EC 1251.151

 guardian has limited powers EC 1251  an emergency (“imminent danger”) – EC 1251.001  can be extended by Order  usually (but not always) followed by becoming Permanent

Person/Estate

 Guardianship can be over –

The Person

 Annual Report required

The Estate

 Annual Account required

Both Person and Estate

 Annual Report and Annual Account required

Records to be kept -

 Judge’s Guardianship Docket – EC 1052.001  Claim Docket – EC 1052.002  Guardianship Fee Book – EC 1052.003  NOTE: EC 1052.004 - the above may be

kept on computer file, microfilm, digitized

• ptical image or another similar form of data

compilation

5

Pro Se applicants – sample court policy

– Appendix A

 Judge can sign

• rder for no Pro-Se

probate and guardianships

Venue

 EC 1023.001

Should be where the ward resides List of other possibilities if ward is a minor

 Clerk should take the application as we

cannot make a legal determination if they filed in the right County

6

 E-filing!

1 name – 1 number

 Should only be 1 case on each ward!  Cannot combine all children in the family into one case!  Must be separate cases on each child  EC 1052.052 - “The County Clerk shall maintain a case file for

each person’s filed guardianship proceedings.”

 EC 1052.001(b) – “The county clerk shall assign a docket number to

each guardianship ….”

New case – Permanent/Full Guardianship

Civil Case Information Sheet is no longer required!

• per OCA notice issued on December 12, 2018

1) Application

• Motion to Appoint Atty Ad Litem is included, unless requested in the Application – EC 1054.007
• Order Appointing Attorney Ad Litem should be attached
• Physician’s Certification/Medical Examination may also be e-filed immediately – EC 1101.103
• Motion to Appoint Guardian Ad Litem may be e-filed at any time before the Permanent Guardian

is finally appointed EC 1054.051-055

2) Before you accept the e-filed case, search existing Guardianships to see if

• ne already exists!
• If there is a case, any filing must go into the existing case
• Never have 2 cases on one ward!
• 1 Name – 1 Number

7

New Case - continued

3) If there’s no existing case, accept new filing and give it new case number New case fees are charged

• Applicant is responsible for court costs (not the ward) – EC 1155.151
• Unless the case was filed by DADs/Friends’ For Life or transferred
• n a court’s motion, then no fees are received

NOTE: applicant is responsible for filing fee, not the ward – EC 1155.151

• can be paid out of guardianship estate or
• paid out of management trust or
• paid by the applicant unless they filed an Affidavit of Inability to Pay or
• paid out of the county treasury if no estate, management trust or

party has filed Affidavit of Inability to Pay 4) Migrate documents into case management software and/or print out for the case file

New case - continued

 5) As of June 1, 2018 – new Guardianship Registration Rules:

 EC 1104.401 & 1104.404  Clerks and JBCC both provide written notice to all proposed guardians of required

registration and criminal history and training requirements – Appendix A-2

 Proposed Guardian must complete the online training at least 10 days before the hearing



Should not have a hearing until training notification is in file  Proposed Guardian will receive certificate of completion  JBCC will notify clerk by email when training is complete  JBCC will also do the criminal history background check and provide to the clerk via email



Clerk will get 2 emails; one has the password to access the background check & the other is the background check  Exceptions to the training:



Certified guardians already registered with JBCC, attorneys and corporate fiduciaries



Temporary Guardians, for no longer than 60 days



Court can waive training if proposed guardian has already taken the training within 1 yr



Court can grant postponement of up to 60 days if an immediate appointment of guardian or successor guardian is necessary

JBCC training notification -

New Guardianship Case notification - Existing Guardianship Case notification -

8

New case - continued

 6) After receiving notice of completed training, issue citation(s)  By posting  By personal service on ward (ward must always be served) and any

• thers requested

 By publication, if requested  7) Notify Judge of the new case, so Attorney Ad Litem can be appointed  EC 1054.001 – Court shall appoint an Attorney Ad Litem  Atty Ad Litem shall be provided with copies of all records – EC 1054.003

 Atty Ad Litem appointment expires when court appoints a guardian –

unless a Temporary Guardian is appointed, then the Atty Ad Litem continues

Citation/Notice



Issue Citation upon request (rule 99a TRCP)

 List of who gets personally served in EC 1051.103

 Ward (12 yrs or older) must always be served!

 Styled same as application  Addressed to “any Sheriff or Constable within the State of Texas”

(probate & guardianship cannot be served by a Private Process Server in TX)

• Service in the State of Texas – must be by Sheriff or Constable!
• Personal Service – EC 1051.051
• Posting – EC 1051.053

Appendix B - C - D



Return date on citations:

 Posting - 10 days  Personal service – 10 days  Service by publication – 10 days  Service by mail – 20 days

Attorney - certification

 Attorney shall have 4 hours of certification,

including 1 hour on alternatives to guardianship (new law in 2015) EC 1054.201

 Statute does not say it is the clerks’

responsibility to keep track of which attorneys have the 4 hours certification

9

Guardian Ad Litem

 Court may appoint – EC 1054.052

 Investigates whether guardianship is necessary & evaluate

alternatives to guardianship

 Receives compensation set by the court  Reports findings to the Court

 Expires upon appointment or denial of

appointment of guardian

Court Visitor Program

 Each Statutory Probate Court shall operate a

Court Visitor Program (large populated Counties)

EC 1054.101-105 Assesses conditions of wards/proposed wards Evaluates the ward or proposed ward Reports to court within 14 days

 Degree of incapacity, medical prognosis, living

conditions, recommendations

Court Investigator

 EC 1054.151-156  In Courts that have Investigators –

Investigates the circumstances of the ward Files a report of findings Supervises Court Visitor Program

10

Probate Auditors

 Not the same as the County Auditor!  Works out of the Judge’s office  Review files/reports, manage/track cases, send

• ut delinquent notices & show cause letters,

etc.

Court Initiated Guardianship

Court has cause to believe a person is incapacitated;

• EC 1102
• interested person has come forward but doesn’t

want to file a guardianship

• Physician may also submit a letter or information
• Atty Ad Litem is appointed
• Court must stipulate if Full or Limited

Hearing Day

 Judge hears testimony

 Attorney Ad Litem  Guardian Ad Litem (optional)  Proposed Guardian  Other witnesses

 Judge signs Order  If granted, Oath is given by Judge or Clerk  If Oath is presented in Court, the clerk should accept it

 ”bench filing”

 Or…..oath may be submitted by e-filing later  If granted, Bond is given (if a bond is ordered)  May be presented in Court; clerk should accept the bond if it meets

requirements – “bench filing”

 Can be cash or a surety bond may be submitted by e-filing later

 When dispersing, county gets the 5% administrative fee (LGC 117.055)

11 Bench filings -

 If a document is presented in court, the clerk accepts it

 Rule 74 - Rules of Civil Procedure – allows “Bench file” pleadings  Rule 21 - Rules of Civil Procedure – Every plea, motion or application …

unless presented during a hearing or trial – must be e-filed

 The attorney is not required to go back to their office with a document

presented in court and e-file it to the clerk – No document(s) need to be e-filed if presented in court during a hearing.

BOND



Bond is usually required in a Guardianship

 Judge sets  DADs & Friends for Life-type groups do not put up a bond  Can be cash/check (if you accept checks) – put in your Bond Account

 Keep a list or spreadsheet of cases that you have $ on  Keep a file of paperwork setting bonds  Best Practice - Check this list or spreadsheet at least once a year and

disperse any bond money where the guardianship case is closed

 When dispersing, county gets 5% administrative fee per LGC 117.055

 Can be a “surety” – thru an Insurance Agency

 Clerk will get Surety Bond to put in the file

 Can be a personal bond (no money; promise to perform duties) – approved by

Judge and usually because there are no funds to draw from

Sensitive Data

 Rule 21c, Texas Rules of Civ. Proc.  Sensitive Data is –  SSN – except for last 3 numbers  Taxpayer ID # - except for last 3 numbers  Bank account # - except for last 3 numbers  Credit Card # - except for last 3 numbers  DL # - except for last 3 numbers  Passport - except for last 3 numbers  Other govt. issued ID - except for last 3 numbers

12

Sensitive Data – Rule 21c



Unless inclusion of unredacted sensitive data is required, an electronic or paper document may not be filed unless the sensitive data is redacted



Sensitive Data must be redacted by using the letter “X” in place of each omitted digit or character or by removing the sensitive data in a manner indicating that the data has been redacted (XXX-XX-X459)



If Sensitive Data must be included in a document, the filing party must include on the upper left-hand side of the 1st page, the phrase “ NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA”



Clerk cannot put that document on the internet, however it can be in your case management system



The clerk may not refuse to take a document that is in violation of these rules



However, the clerk may identify the error to be corrected and state a deadline for the party to resubmit a redacted, substituted document



Deadline should not exceed 72 hours



If a certified copy is requested of a document that contains sensitive data, the clerk should issue the certified copy with all information – do not redact on your own!

Inventory

If Guardianship of Estate – Inventory is filed within 30 days

 EC 1154.051  Not clerk’s job to police if it’s filed or not Larger populated counties may have Probate Auditors

that police this

 No Citation is issued, just present Inventory to the Judge

 Order to Approve Inventory should be included, which the Judge

will sign if approved

Claims

 Claims EC 1002.005 & 1157

Liability against the ward or the estate of the ward Send letter to guardian or guardian’s attorney

 EC 1157.002

Guardian has 30 days to allow or reject

 EC 1157.051  No statute requires clerk to police  Sample Claim letter – Appendix E

13

Annual Reports – EC 1163.101

 On Guardianship of the Person  Due 1 year & 60 days after appointment

 No requirement for clerk to send notice that report is due  Individual that is making report does not have to e-file, however if

attorney is handling it, they must e-file it

 Does not have to be notarized – EC 1163.1011  $12 fee ($10 clerk fee, $2 judge’s fee)  Judge can consider immediately  Letters cannot be issued unless report is timely filed

 (if guardianship is of the person)

Annual Account – EC 1163.001-006

 On Guardianship of the person’s Estate  Due 1 year & 60 days after appointment

 No statute requires clerk to send notice that report is due  Individual that is making report does not have to e-file, however if an

attorney is handling it, they must e-file it

 Must be notarized as it’s an affidavit – EC 1163.005  $27 fee ($25 clerk, $2 Judge’s sig.)  Must “sit” for 10 days before Judge can consider - EC 1163.051  Letters cannot be issued unless Annual Account is timely filed  (if guardianship is of the estate)

Transfers Out -

 Send case papers by certified mail or e-filing

 Send original documents and a certified copy of the index  Make a certified copy of the transcript to keep in your file or in case management system

 Send certified copy of the index – transcript - EC 1023.006 – Appendix G  Send bond money by check or issue citation to the surety, if a surety bond

was presented

 Send the Transfer by certified mail (Return Receipt Requested) or e-file

 It is not a requirement for the clerk to send a Transfer by e-file (only attorneys are

required to e-file)  Clerk of the “new” county sends a Certificate to the “old” county

 File that Certificate in the case  Appendix F

14

Transfers In -

 You will get all original documents and a certified copy of the index –

EC 1023.006(unless you accept cases from another county by e-filing)

 Bond money should be sent with the case  New case fees apply – unless the case was transferred on the court’s

motion or is a DADs/Friends For Life-type case

 Set hearing within 90 days  EC 1023.010  Post Notice of Hearing or send a notice of hearing by regular mail  New judge has authority to modify terms/increase bond/change

guardian

 Send Certificate to the “old” county – EC 1023.007 – Appendix F

Sale of Real Or Personal Property

• f Ward – with Guardianship

 EC 1158  Application is made – EC 1158.251-252  Issue citation by posting – EC 1158.253

 Appendix H - I

 Clerk issues service to others upon request – TRCP 99a

 Order Granting Sale must be signed – EC 1158.256  Report of Sale will be filed after sale is completed

Sale of Real Or Personal Property of

Ward – without Guardianship

 EC 1351  Application – EC 1351.002 & 1351.053  No notice is issued unless court requests – EC 1351.003  Court has a hearing not earlier than 5 days after the date

application was filed – EC 1351.054

 Sale proceeds go into court registry – EC 1351.055

15

Foreclosure, Mortgages, Leases, etc.

 Foreclosure – EC 1158.0351  Public Sale – EC 1158.401  Sale of Easement/Right of Way – EC 1158.501  Partition of property – EC 1158.701  Renting estate property – EC 1159  Mineral leases – EC 1160  Investments/loans – EC 1161  Charitable gifts – EC 1162  Mortgage – EC 1352.051

Pre-Existing Guardianships

 Clerk sends notice to existing guardians of registration requirement – Appendix

A-2

 Same notice as is sent to new proposed guardians

 Pre-existing Guardians appointed prior to June 1, 2018, must register with JBCC  Pre-existing Guardian is not required to take training or have criminal background

history check

 JBCC will notify clerk by email that an pre-existing guardian has registered  Place notice in case file  Registration is not required for any guardianships closed or terminated prior to

June 1, 2018

Assignment - Contested Guardianship



EC 1022.003 – Court on it’s own motion/motion of any party, request assignment of a statutory probate court judge to hear a contested matter….OR …..transfer to a District Court



If transfer is to District Court –

 Clerk transfers the case file or part of the case file (original papers)

 Keep a certified copy of documents transferred

 District Clerk may issue Letters - if the case is “active” in the District Court – BUT

it depends on how it’s transferred (decide on a case by case basis!)



EC 1022.003(j) – clerk of a District Court to which a contested matter is transferred, may perform any function a county clerk may perform with respect to that type of matter 

If Assignment to Statutory Probate Judge –

 Per 25.0022 Gov. Code, Judge’s office sends copy of Motion and Order to –

Travis County Probate Court The Travis County Probate Court -Judge Guy Hermann 1000 Guadalupe, Rm. 217 will assign a judge and contact you P O Box 1748, RM 217 Austin, TX 78767 512-854-9258 

EC 1022.004 – if only a contested matter is transferred, once the contest is resolved, the matter may be returned to the county court for further proceedings

16 Successor Guardian - Resignation

 Resignation by Guardian - EC 1203.001-006

 Current guardian must file their written Application & Verified Report of

the Person and /or Final Accounting – EC 1203.001

 If guardian is deceased, a personal representative shall supply an

accounting

 Court can immediately accept with no hearing, but if a hearing is set on

resignation & final account/report, issue citation by posting - EC 1203.004

 Court may request additional service EC 1203.102

 If necessity exists, Court may immediately appoint successor –

EC 1203.002

 Application is presented for Successor Guardian  Successor Guardian has to take the JBCC training unless

waived by the Court due to immediate need

 Issue notice/citation – EC 1203.102 & 1051.102(d) - Appendix J

Successor Guardian - Removal

 Court acts it’s own motion or on the motion of an interested

person – EC 1203.051

 Court may remove with or without notice – EC 1203.051-052

 There may be a Show Cause hearing  Issue citation by personal service to guardian being removed – EC

1203.052

 Issue Order to Remove by personal service – EC 1203.0531

 Attach Order to Remove

 If service is requested, the following should be served –  Guardian to be removed (always served)  Attorney of record  Bonding company (if there is a surety bond)

Appendix J-K (removal & show cause)

Temporary Guardianship

 EC 1251

 Does not render ward permanently incapacitated

 No longer than 60 days- EC 1251.151

 Could last up to 9 months in a contested guardianship/unable to get appropriate

guardian– extended only by Order  Limited powers  Emergency – imminent danger  Clerk issues citation by posting & personal service – EC 1251.005 –

APPENDIX L - M

 Proposed ward  Proposed ward’s appointed attorney  Proposed Temporary Guardian, if that person is not the applicant

17

Temporary Guardianship - steps

 Case is received  Citation issued  Attorney ad Litem is appointed  Order, Oath & Bond are filed  No Letters are issued….EC 1251.101  Certificate of Temporary Guardianship is issued - Appendix N – attach

Order

 No Annual reports/annual accounting, but must do Final Accounting  No JBCC training unless guardianship becomes permanent

Restoration of Ward’s capacity

 EC 1202.051 – 1202.157  Application presented by the ward or any

person interested in the wards’ welfare

 Citation served on –

Ward’s guardian Ward, if ward is not the applicant

Closing a Guardianship

 There may be an Application/Motion to Close the Guardianship or a

Final Accounting that states it’s closed (if it’s Guardianship of an Estate) – EC 1204

 Posting required - EC 1204.105 - Appendix O  Personal service to those listed in EC 1204.105

 If the ward dies, the Court can file an Order Closing

 If it is guardianship of the estate, a final accounting should be submitted

and the Court can cite the guardian to appear

 Inactive Case – EC 1204.201(c)

 Court may cite or remove from docket after diligent effort to find guardian

 NOTE: No Letters may be issued after the ward has died or the

guardianship is closed; Return cash bond – retain 5% administrative fee per LGC 117.055

18

TEMPORARY RESTRAINING ORDER

 Issued upon request  Rules of Civil Proc. 680-692  Appendix P

Private Professional Guardian

 EC 1104.301 – 1104.306  Must annually apply  Pay fee of $40  Clerk shall submit names/addresses of Private

Professional Guardians that registered during the previous year by January 31

If have none, check “none” on the report Sample procedures – Appendix S-T

Investing $$$

 EC 1355  Clerk invests under court order only – LGC 117.053(c)  Clerk is “custodian”, not trustee – LGC 117.0521  Clerk makes annual report to the court by March 1 each year of $

invested

 Report on letterhead  File in the case after Judge reviews  Clerk may only disperse $ invested by Court Order  Counties over 190,000 make report to county auditor LGC 117.058

19

Reports



Abstract for Final Judgment of Incapacitated Person – Appendix U

 Report to VR if ward loses right to vote – “fully incapacitated” or it states ward cannot vote 

DIC-17 – Appendix R

 Fax to State, if ward loses right to drive – “fully incapacitated” or states ward cannot drive 

Guardianship Certification Program

 Report Private Professional Guardians that registered during the previous year – by

January 31 each year

 If none, must check “none” on the report form  Appendix S-T 

OCA

 Each month

Confidentiality

 EC 1053.104  On request by person protected by Protective

Order under Family Code Chap. 85, court may exclude certain information (a list is in 1053.104)

On granting of the request:

 Strike the information from the public records  Maintain a confidential record of the information for use

• nly by the court

Resources Used

 Estates Code  Local Government Code  Government Code  Rules of Civil Procedure  Supreme Court of Texas website

http://www.txcourts.gov/supreme

 Office of Court Administration website

http://www.txcourts.gov/

20

Letters of Guardianship

 Issued only after Order, Oath & Bond are all on file  Guardian is qualified when all 3 are in place!  If filed on different days, qualification is the day the last one is filed  Issued only if Annual Reports/Accounts continue to be filed on time  Attach copy of Order Appointing Guardian (best practice!)

 Attaching Order insures that all information is available

 $2 – LGC 118.052(3)(D)  Good for 1 year and 120 days  Sample – Appendix Q

Letters – 1st scenario

 Order is signed – January 14, 2019  Oath is signed – January 14, 2019  Bond is filed – January 15, 2019  What date is the qualification date?  January 15, 2019  When is the annual report due?  By March 15, 2020  What is the expiration date of the Letters?

 May 15, 2020

21

Letters – 2nd scenario

 Order is signed – March 23, 2019  Bond is filed – March 24, 2019  Oath is filed – March 31, 2019  What is the qualification date?  March 31, 2019  When is the annual report due?  May 31, 2020  What is the expiration of the Letters?  July 31, 2020

Letters – 3rd scenario

 Order is signed - December 1, 2018  Oath is filed – December 1, 2018  Bond is filed – December 1, 2018  What is the qualification date?  December 1, 2018  When is the annual report due?  February 1, 2020  What is the expiration of the Letters?  April 1, 2020

Letters – 4th scenario

 Order is signed – April 15, 2019  Oath is signed – April 16, 2019  Bond has never been filed  What is the qualification date?  There is none; bond has not been filed  When is the annual report due?  N/A – 1 yr & 60 days after they qualify  What is the expiration of the Letters?  N/A – 1 yr & 120 days after they qualify

22

Letters – 5th scenario

 Order is signed – April 3, 2019  Oath is filed – April 6, 2019  Bond has been e-filed by atty but not received and

atty is anxious to get some Letters

 What is the qualification date?  Date when bond is e-filed  When is the annual report due?  1 yr & 60 days after the bond e-filed  What is the expiration of the Letters?  1 yr & 120 days after the bond e-filed

Fees

 Costs in a guardianship – EC 1155.151

1) Paid by guardianship estate 2) Paid out of management trust 3) If no guardianship estate or management trust -

Paid by the party to the proceeding who incurred the costs (unless the party filed an Affidavit of Inability to Pay)

4) If no estate, no management trust and Affidavit

• f Inability to Pay has been filed - Paid out of

county treasury

This was a law change in 2015 – HB 1438

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.

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

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

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---~;;~

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

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

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: ______________________

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: _________________________

• 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

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

• 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)

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

• 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

• 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

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

• 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

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

• ­:-

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

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

• 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 WELL-BEING 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

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

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

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)'

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)'

Appendix R

NOTICE OF CONVICTIONS

CONVICTION • BOND FORFEITURE • MENTALLY INCAPACITATED • EDUCATION PROGRAM

NAME (PRINTorTYPE) ______________________________________ _ (LAST) (FIRST) (MIDDLE) (SSN) DRIVER LICENSE NO., ID NO.-------------- BIRTHDATE _______ RACE _____ SEX __ (Indicate State if other than Texas) ADDRESS ____________________ CITY ____________

~

TEXAS _____ _ (Zip Code)

___ MISDEMEANOR __

FELONY __ BOND FORFEITURE OFFENSE TOTALLY INCAPACITATED (GUARDIANSHIP) TRANSPORTATION CODE SECTION 521.319(A) (Type and/or description of offense) OFFENSE DATE ______ CONVICTION DATE ______ PENALTY _________ Ignition Interlock Required __ _ OFFENSE COMMITTED TRANSPORTING IN COMMERCIAL VEHICLE __ YES __ NO __ UNKNOWN HAZARDOUS MATERIAL __ YES __ NO __ UNKNOWN DRIVER LICENSE OR OPERATING PRIVILEGE SUSPENDED BEGINNING DATE ______ _ ENDING DATE ______ _ NOTE: The court must indicate beginning and ending suspension dates for all alcohol related offenses. Questions, please contact Texas Department of Public Safety, Enforcement and Compliance Service at 512/424-2031. DWI Probation Granted Education program required DWI Education Program Successfully completed DWI Education Program Waived DRUG EDUCATION PROGRAM Drug Education Program Successfully Completed _______ _ Date DWI EDUCATION PROGRAMS DWI Education Program for repeat offenders, required Date Date DWI Education Program for repeat offenders, successfully completed Date Date DWI Education Program Date for repeat offenders, waived Date GRANTED DWI EDUCATION PROGRAM EXTENSION Date extended from _______ to ______ _ CERTIFIED BY SIGNATURE ------------- TITLE _________ PHONE# ________ _

COURT------------------------ COUNTY-----------------

CAUSE/DOCKET#-----------------------

MAIL TO: TEXAS DEPARTMENT OF PUBLIC SAFETY ENFORCEMENT AND COMPLIANCE SERVICE PO BOX 4087, AUSTIN TX 78773-0320 EMAIL TO: ConvictionReporting@dps.texas.gov DL-117 (Rev. 11/12)

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

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

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.

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

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;

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