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

State:
Texas
County:
Bexar
Control #:
TX-02506BG
Format:
Word; 
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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.


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FAQ

Guardianship provides for the person's care and management of their money while preserving, to the largest extent possible, that person's independence and right to make decisions affecting their life. Texas courts have the authority to appoint a guardian with full or limited authority over an incapacitated person.

While a guardian might be intricately involved in the care and well-being of your child, this person's rights do not automatically supersede your rights as a parent.

If you wish to contest or defend a guardianship, you will have to go through the courts and this action will require that you present evidence backing up your claim. Doing so is best done with the legal and litigation skills of an experienced attorney.

If the ward is deceased, the guardian shall deliver the property to the personal representative of the deceased ward's estate or other person entitled to the property. (2) to whom the ward's property in the guardian's possession was delivered.

TERM OF GUARDIAN OR GUARDIANSHIP. (a) Unless otherwise discharged as provided by law, a guardian remains in office until the estate is closed. (4) no longer must have a guardian appointed to receive funds due the ward from any governmental source.

Legal guardianship is a judicially created relationship between a child and responsible adult in which the guardian assumes many of the rights and responsibilities that customarily would reside with the child's parents.

The agent's authority continues until the date the court appoints a permanent guardian, and then the power of attorney is legally void. The agent is legally required to give to the guardian all of the assets and records of the ward, along with an accounting for activities performed while acting as agent.

In Texas, a person does not have a guardian until an application to appoint one is filed with a court, a hearing is held and a judge appoints a guardian. When the court appointment is made, the person the guardian cares for becomes a ward of the court.

Sec. 1155.003. COMPENSATION FOR GUARDIAN OF THE ESTATE. (a) The guardian of an estate is entitled to reasonable compensation on application to the court at the time the court approves an annual or final accounting filed by the guardian under this title.

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