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

State:
Texas
City:
Mesquite
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.


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FAQ

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.

The easiest path towards becoming the guardian to a child in your life is to have the child's parents grant you guardianship. They can provide you with a written statement wherein they state that they have vested you with all of a guardian's rights, duties, and privileges over their child.

Family members may no longer be involved in decision-making if they are not appointed guardian. They may no longer have unlimited access to the ward. Guardianship is a legal process, requiring the services of an attorney, which is designed to provide maximum protection to a person.

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.

The Process: Your attorney will file an application for guardianship with the county court. A doctor must evaluate the proposed ward and certify that he or she is incapacitated. The proposed ward must be personally served with application. Other 'interested persons,' such as relatives, must also be served or notified.

(b) A guardian of an estate must give a bond before being issued letters of guardianship unless a bond is not required under this title.

(a) All guardianship proceedings must be filed and heard in a court exercising original probate jurisdiction. The court exercising original probate jurisdiction also has jurisdiction of all matters related to the guardianship proceeding as specified in Section 606A of this code for that type of 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.

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.

A hearing is held within 10 days of application. A temporary guardian is appointed or dismissed. Emergency/temporary guardianship ends at 60 days. At the end of the 60 days, the court will decide if a there is the need for a permanent guardianship or none at all.

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