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Texas Motion that Guardianship Order be Modified to Allow Ward to Vote

State:
Texas
Control #:
TX-02506BG
Format:
Word; 
Rich Text
Instant download

Description

PROBATE CODE - CHAPTER XIII. GUARDIANSHIP


Sec. 694A. COMPLETE RESTORATION OF WARD'S CAPACITY OR MODIFICATION OF GUARDIANSHIP.


A ward or any person interested in the ward's welfare may file a written application with the court for an order:


" finding that the ward is no longer an incapacitated person and ordering the settlement and closing of the guardianship;

" finding that the ward lacks the capacity to do some or all of the tasks necessary to provide food, clothing, or shelter for himself or herself, to care for the ward's own physical health, or to manage the ward's own financial affairs and granting additional powers or duties to the guardian; or

" finding that the ward has the capacity to do some, but not all, of the tasks necessary to provide food, clothing, or shelter for himself or herself, to care for the ward's own physical health, or to manage the ward's own financial affairs and:

" limiting the powers or duties of the guardian; and

" permitting the ward to care for himself or herself or to manage the ward's own financial affairs commensurate with the ward's ability.


Definition and meaning

The Texas Motion that Guardianship Order be Modified to Allow Ward to Vote is a legal document filed in court to seek changes in the existing guardianship order. This order typically states who has the legal authority to make decisions on behalf of a person who is deemed incapacitated. By filing this motion, the guardian is requesting that the court recognize the incapacity of the ward (the person under guardianship) has changed, allowing them the right to vote.

How to complete a form

To complete the Texas Motion that Guardianship Order be Modified to Allow Ward to Vote, follow these steps:

  • Fill in the personal information: Include the names of the guardian and the ward, along with their addresses.
  • Provide details of the existing guardianship: Reference the original order and include its date.
  • Attach supporting documents: Include a letter from a physician indicating the ward's ability to vote.
  • Sign and notarize: The form must be signed and notarized to be valid.

Who should use this form

This form is intended for guardians of individuals who have been declared incapacitated by a court. If you believe that the ward's capacity to vote has changed and they should regain this right, you can file this motion to request a modification of the guardianship order.

Legal use and context

In Texas, guardianship laws can be complex. Typically, a court establishes a guardianship to protect individuals who cannot make legal decisions. However, circumstances may change, and with appropriate evidence, guardians can petition the court for modifications. This motion specifically addresses the ability to vote, a fundamental right in a democratic society, emphasizing the importance of ensuring that all eligible individuals can participate in elections.

What documents you may need alongside this one

When filing the Texas Motion that Guardianship Order be Modified to Allow Ward to Vote, it is important to include several key documents:

  • Letter from a physician: This document should validate that the ward is capable of making independent decisions, including voting.
  • Copy of the original guardianship order: Include this to establish context and reference the existing order.
  • Proof of residence: If applicable, provide additional proof of residency for the ward.

Benefits of using this form online

Using the Texas Motion that Guardianship Order be Modified to Allow Ward to Vote online can offer several benefits:

  • Convenience: Access and complete the form from anywhere, saving time compared to visiting a physical office.
  • Guidance: Many online platforms provide step-by-step instructions, ensuring you do not miss any important details.
  • Instant access: Download the form immediately upon completion for quicker filing.
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FAQ

A guardian is also prohibited from making gifts from the ward's estate. Generally, a guardian cannot tie up the ward's money by purchasing real estate, but can lend the money to someone else buying real estate if the property is sufficient security for the loan.

A power of attorney is a private way to decide who will have the legal authority to carry out your wishes if you can no longer speak or act for yourself. It is less costly than a guardianship, which is a public proceeding and the person appointed as your guardian may not be the person you would have chosen.

A guardianship is necessary when a person or minor is considered incapacitated.There are instances when a person is starting to lose the ability to make rational or prudent decisions but has designated a power of attorney.

In most cases, power of attorney is preferred to legal guardianship because more control is retained by the person being protected. However, if court supervision is needed, guardianship may be more appropriate.

Representative payee. Durable powers of attorney. Health care surrogacy. Living wills. Trusts. Community advocacy systems. Joint checking accounts. Case management.

There are two types of guardianships, a full guardianship and a limited guardianship.

If you disagree with the guardianship orders, you can appeal to the NCAT Appeal Panel or the Supreme Court of NSW. Appeals can only be lodged within a certain period of time from the date of the decision.

Spending or investing the protected person's money. The guardian can ask the court to approve a monthly budget to pay the protected person's monthly expenses. Selling the protected person's home or any real property. Making or changing the protected person's last will and testament, or change any beneficiaries.

Guardianship of the person. The legal guardian has the right to consent for the minor and make all decisions regarding the minor's health and education. A legal guardian will maintain custody of the minor until the minor reaches the age of eighteen, or until a judge determines that the minor no longer needs a guardian.

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Texas Motion that Guardianship Order be Modified to Allow Ward to Vote