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Texas Statutes (Last Updated: January 4, 2014) |
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PROBATE CODE |
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Chapter XIII. GUARDIANSHIP |
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Part 3. APPOINTMENT AND QUALIFICATION OF GUARDIANS |
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Subpart A. APPOINTMENT |
Sec. 682. APPLICATION; CONTENTS
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Any person may commence a proceeding for the appointment of a guardian by filing a written application in a court having jurisdiction and venue. The application must be sworn to by the applicant and state:
(1) the name, sex, date of birth, and address of the proposed ward;
(2) the name, relationship, and address of the person the applicant desires to have appointed as guardian;
(3) whether guardianship of the person or estate, or both, is sought;
(4) the nature and degree of the alleged incapacity, the specific areas of protection and assistance requested, and the limitation or termination of rights requested to be included in the court's order of appointment, including a termination of:
(A) the right of a proposed ward who is 18 years of age or older to vote in a public election; and
(B) the proposed ward's eligibility to hold or obtain a license to operate a motor vehicle under Chapter 521, Transportation Code;
(5) the facts requiring that a guardian be appointed and the interest of the applicant in the appointment;
(6) the nature and description of any guardianship of any kind existing for the proposed ward in any other state;
(7) the name and address of any person or institution having the care and custody of the proposed ward;
(8) the approximate value and description of the proposed ward's property, including any compensation, pension, insurance, or allowance to which the proposed ward may be entitled;
(9) the name and address of any person whom the applicant knows to hold a power of attorney signed by the proposed ward and a description of the type of power of attorney;
(10) if the proposed ward is a minor and if known by the applicant:
(A) the name of each parent of the proposed ward and state the parent's address or that the parent is deceased;
(B) the name and age of each sibling, if any, of the proposed ward and state the sibling's address or that the sibling is deceased; and
(C) if each of the proposed ward's parents and adult siblings are deceased, the names and addresses of the proposed ward's other living relatives who are related to the proposed ward within the third degree by consanguinity and who are adults;
(11) if the proposed ward is a minor, whether the minor was the subject of a legal or conservatorship proceeding within the preceding two-year period and, if so, the court involved, the nature of the proceeding, and the final disposition, if any, of the proceeding;
(12) if the proposed ward is an adult and if known by the applicant:
(A) the name of the proposed ward's spouse, if any, and state the spouse's address or that the spouse is deceased;
(B) the name of each of the proposed ward's parents and state the parent's address or that the parent is deceased;
(C) the name and age of each of the proposed ward's siblings, if any, and state the sibling's address or that the sibling is deceased;
(D) the name and age of each of the proposed ward's children, if any, and state the child's address or that the child is deceased; and
(E) if the proposed ward's spouse and each of the proposed ward's parents, adult siblings, and adult children are deceased, or, if there is no spouse, parent, adult sibling, or adult child, the names and addresses of the proposed ward's other living relatives who are related to the proposed ward within the third degree by consanguinity and who are adults;
(13) facts showing that the court has venue over the proceeding; and
(14) if applicable, that the person whom the applicant desires to have appointed as a guardian is a private professional guardian who is certified under Subchapter C, Chapter 111, Government Code, and has complied with the requirements of Section 697 of this code.