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GUARDIANSHIP         

Consultation about whether the proposed ward is incapacitated under Texas law and the proposed applicant’s qualifications to be appointed as the permanent guardian for the proposed ward, specifically including whether a guardianship of both the person and the estate of the proposed ward is necessary.

Consultation about whether a temporary guardianship is necessary and available to protect the proposed ward or the proposed ward’s estate while the application for a permanent guardianship is pending.

Consultation about the need for information from professionals, including doctors, psychiatrists, psychologists, case managers, long term care facility managers, physical and occupational therapists and others about the proposed ward’s degree of incapacity and ability to care for self and understand property and finances.

Consultation about lesser restrictive alternatives to a plenary or full guardianship, including financial and medical powers of attorney and directives to physicians and other alternatives available under Texas law, and whether the alternatives will protect the proposed ward from abuse, neglect or exploitation.  

Preparation and filing of the sworn application for appointment of a permanent guardian, issuance and service of citations on persons entitled to citation or, alternatively, preparation and mailing of waivers or notices to those persons and on return filing those waivers and notices with the court as proof of the notice required by Texas law.  
 
Preparation of and filing of information about the proposed ward’s estate and property, and a proposed plan for control and management of that property under continuing court supervision, submitted for approval by the court.
 
Securing a court order appointing the attorney ad litem for the proposed ward required by Texas law, and communications with and an exchange of documents and information with that attorney ad litem about the facts supporting the application. 

Preparation of the proposed final order appointing a permanent guardian, and appearance in court to ask the court to sign that order.

Consultation about the guardian’s continuing obligation to make reports to the court about the condition of the ward and the ward’s estate. 

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Copyright 2011:  Law Office of Charles R. Huber, Jr.  Sugar Land Lawyer.   All rights reserved.
14090 Southwest Freeway, Suite 300Sugar Land, Texas 77478-3679 
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