 |
Texas Statutes (Last Updated: January 4, 2014) |
 |
PROBATE CODE |
|
Chapter XIII. GUARDIANSHIP |
|
Part 2. GUARDIANSHIP PROCEEDINGS AND MATTERS |
|
Subpart D. SERVICE AND NOTICE |
Sec. 633. NOTICE AND CITATION
-
(a) On the filing of an application for guardianship, notice shall be issued and served as provided by this section.
(b) The court clerk shall issue a citation stating that the application for guardianship was filed, the name of the proposed ward, the name of the applicant, and the name of the person to be appointed guardian as provided in the application, if that person is not the applicant. The citation must cite all persons interested in the welfare of the proposed ward to appear at the time and place stated in the notice if they wish to contest the application and must contain a clear and conspicuous statement informing those interested persons of the right provided under Section 632(j) of this code to be notified of any or all motions, applications, or pleadings relating to the application for the guardianship or any subsequent guardianship proceeding involving the ward after the guardianship is created, if any. The citation shall be posted.
(c) The sheriff or other officer shall personally serve citation to appear and answer the application for guardianship on:
(1) a proposed ward who is 12 years of age or older;
(2) the parents of a proposed ward if the whereabouts of the parents are known or can be reasonably ascertained;
(3) any court-appointed conservator or person having control of the care and welfare of the proposed ward;
(4) a proposed ward's spouse if the whereabouts of the spouse are known or can be reasonably ascertained; and
(5) the person named in the application to be appointed guardian, if that person is not the applicant.
(c-1) The citation served as provided by Subsection (c) of this section must contain the statement regarding the right provided under Section 632(j) of this code that is required in the citation issued under Subsection (b) of this section.
(d) The applicant shall mail a copy of the application for guardianship and a notice containing the information required in the citation issued under Subsection (b) of this section by registered or certified mail, return receipt requested, or by any other form of mail that provides proof of delivery, to the following persons, if their whereabouts are known or can be reasonably ascertained:
(1) all adult children of a proposed ward;
(2) all adult siblings of a proposed ward;
(3) the administrator of a nursing home facility or similar facility in which the proposed ward resides;
(4) the operator of a residential facility in which the proposed ward resides;
(5) a person whom the applicant knows to hold a power of attorney signed by the proposed ward;
(6) a person designated to serve as guardian of the proposed ward by a written declaration under Section 679 of this code, if the applicant knows of the existence of the declaration;
(7) a person designated to serve as guardian of the proposed ward in the probated will of the last surviving parent of the ward;
(8) a person designated to serve as guardian of the proposed ward by a written declaration of the proposed ward's last surviving parent, if the declarant is deceased and the applicant knows of the existence of the declaration; and
(9) each person named as another relative within the third degree by consanguinity in the application for guardianship as required by Section 682(10) or (12) of this code if the proposed ward's spouse and each of the proposed ward's parents, adult siblings, and adult children are deceased or there is no spouse, parent, adult sibling, or adult child.
(d-1) The applicant shall file with the court:
(1) a copy of any notice required by Subsection (d) of this section and the proofs of delivery of the notice; and
(2) an affidavit sworn to by the applicant or the applicant's attorney stating:
(A) that the notice was mailed as required by Subsection (d) of this section; and
(B) the name of each person to whom the notice was mailed, if the person's name is not shown on the proof of delivery.
(e) A person other than the proposed ward who is entitled to receive notice or personal service of citation under Subsections (c) and (d) of this section may choose, in person or by attorney ad litem, by writing filed with the clerk, to waive the receipt of notice or the issuance and personal service of citation.
(f) The court may not act on an application for the creation of a guardianship until the Monday following the expiration of the 10-day period beginning the date service of notice and citation has been made as provided by Subsections (b), (c), and (d)(1) of this section and the applicant has complied with Subsection (d-1) of this section. The validity of a guardianship created under this chapter is not affected by the failure of the applicant to comply with the requirements of Subsections (d)(2)-(9) of this section.
(g) It is not necessary for a person who files an application for the creation of a guardianship under this chapter to be served with citation or waive the issuance and personal service of citation under this section.