Guardianship hearings are on Tuesday at 9:00 a.m. The hearings may be set with Coleton Mayo, the guardianship coordinator, or Yolanda Lopez, the court coordinator. | Guardianships (for difference between Temporary and Permanent go to #29) | When are Guardianship hearings usually heard and whom do I set them with? | 17 |
Neither the Court nor the County Clerk have forms for the application and other documents necessary for the creation of a guardianship. You may review active guardianship files in the Clerk’s office and obtain copies of documents, or you may go to the County Law Library and look at form books. | Guardianships (for difference between Temporary and Permanent go to #29) | Where do I get forms to file an application for guardianship? | 18 |
It takes an average of 4 to 6 weeks. | Guardianships (for difference between Temporary and Permanent go to #29) | How long does it take to put a Guardianship in place? | 19 |
- An application for guardianship is filed, or a doctor or social worker may send a letter requesting creation of Guardianship.
- A doctor’s letter is required before the Court Investigator is sent out to meet the proposed ward.
- The Court Investigator will file his report.
- An Attorney Ad Litem is appointed.
- The application is set for hearing.
| Guardianships (for difference between Temporary and Permanent go to #29) | What are the steps involved in creating a guardianship? | 20 |
The Court will select the attorney ad litem. If you are filing an application for guardianship, you should also file an application for appointment of an attorney ad litem and an order. | Guardianships (for difference between Temporary and Permanent go to #29) | Can I appoint the Attorney Ad Litem myself or does the Court do it? | 21 |
The guardian of the person is authorized to make decisions about health care, living arrangements, and similar matters, but has no authority to expend funds. The guardian of the estate has all rights and obligations to expend the ward’s funds, subject to prior court approval. | Guardianships (for difference between Temporary and Permanent go to #29) | What is the difference between Guardian of the Person and Guardian of the Estate? | 22 |
There is no specific amount of money that constitutes “indigency” under the Probate Code. A guardianship of the estate must be created if the ward has any other than de minimus funds. | Guardianships (for difference between Temporary and Permanent go to #29) | What amount of money must a proposed ward have to be considered an indigent in the Court? | 23 |
The “anniversary date” is the anniversary of the date of qualification of the guardian. The date of qualification is the later of the date the guardian’s oath and bond is filed. The annual report is due on the anniversary date. The annual account is due within sixty (60) days of the anniversary date. | Guardianships (for difference between Temporary and Permanent go to #29) | Explain what an anniversary date is and when are the Annual Report and Annual Accountings due. | 24 |
The letters of guardianship are the official certificate issued by the Clerk of the Court reflecting that the guardianship was created, and identifying the ward and the guardian. The letters of guardianship provide an expiration date on their face, one year plus 120 days after the anniversary date. | Guardianships (for difference between Temporary and Permanent go to #29) | Explain what Letters of Guardianship are. | 25 |
A final report is required to close an guardianship of the person. A final account is required to close a guardianship of the estate. | Guardianships (for difference between Temporary and Permanent go to #29) | How do I close down a Guardianship of the Person and Guardianship of the Estate? | 26 |
The creation of a guardianship is a very technical matter under the Probate Code. Numerous steps are required, and strict compliance with the Code is necessary. Although the court staff is as helpful as possible, they are not authorized to practice law, and cannot instruct a non-lawyer about all of the necessary matters that must be accomplished. | Guardianships (for difference between Temporary and Permanent go to #29) | Why do I need an attorney to represent me in a Guardianship? | 27 |
The attorney ad litem is appointed to represent the proposed ward in connection with the guardianship of an adult incapacitated person as soon as the court investigator files his report with the Court. The Attorney ad litem is appointed in connection with the guardianship of a minor as soon as the application is received by the Court. | Guardianships (for difference between Temporary and Permanent go to #29) | When will an ad litem be appointed in a guardianship? | 28 |
A temporary guardianship may be created without notice to the ward if the court has probable cause to believe that the incapacitated minor or adult person requires the immediate appointment of a guardian, without a formal doctor’s letter or hearing. There must be a hearing after notice within ten (10) days of the creation of the temporary guardianship. The temporary guardianship generally can not continue for more than sixty (60) days. Changes to Texas Probate Code §875, effective September 1, 2003, require a hearing in Harris County Probate Court No. 2 before a temporary guardianship can be granted. To initiate a temporary guardianship, the following must occur: - A sworn application must be filed with the County Clerk.
- The attorney for the applicant should immediately contact the guardianship coordinator of Probate Court No. 2, if the case is assigned to that Court, to schedule a hearing.
- The attorney should provide an order setting the hearing and appointing an attorney ad litem for the alleged incapacitated person.
- An attorney ad litem must be appointed immediately and must visit the alleged incapacitated person prior to the initiation hearing.
- The alleged incapacitated person has the right to attend the hearing, so must be served with notice prior to the hearing.
Since service is required prior to the hearing, the applicant may expedite service by requesting service by private process server under Texas Rules of Civil Procedure, Rule 103. A motion for Rule 103 service is required; no order is required if the process server is on the Harris County District Court approved list.
A permanent guardianship can only be created after notice is served on the ward, an attorney ad litem is appointed and a hearing is held. The permanent guardianship continues until the Court terminates the guardianship upon the death or restoration of capacity of the ward. | Guardianships (for difference between Temporary and Permanent go to #29) | What is the difference between a temporary guardianship and a permanent guardianship? | 29 |
This court generally requires the existence of a genuine emergency to create a temporary guardianship. The emergency usually will relate to the ward’s physical health or well-being, but may in some limited circumstances also involve mainly estate issues. The court’s reticence is based on the fact that a temporary guardianship requires a bond, inventory and final accounting, which significantly increases the fees and expenses of protecting the ward. If appropriate protection of the ward and the ward’s estate can be achieved by a less expensive means, the court would prefer it. | Guardianships (for difference between Temporary and Permanent go to #29) | What warrants the appointment of a temporary guardian? | 30 |
Court visitors are volunteers trained and appointed by the court to visit the ward annually to check on the ward’s care and condition. | Guardianships (for difference between Temporary and Permanent go to #29) | Who are court visitors, and how often do they visit? | 31 |
Ordinarily an attorney ad litem cannot consent to anything, including placement, on behalf of a ward, because the ward, lacking capacity, cannot give approval to the attorney consenting on his or her behalf. The duly appointed and qualified guardian, not the attorney ad litem must make all decisions for the ward. | Guardianships (for difference between Temporary and Permanent go to #29) | Can a duly appointed ad litem consent for placement of a proposed ward in a pending guardianship? | 32 |
Either hire an attorney to file an application for guardianship, or write a letter to the Court advising that a guardian is necessary. If you write a letter, include enough information for the Court to find and interview you and the proposed ward. | Guardianships (for difference between Temporary and Permanent go to #29) | How do we initiate guardianship? | 33 |
A guardian cannot be appointed if a doctor does not testify in person or in writing that the proposed ward is incapacitated. If you cannot get the ward to go to a doctor, contact the Court staff for assistance. | Guardianships (for difference between Temporary and Permanent go to #29) | What if we can't get a doctor's letter? | 34 |
Contact the Court staff and a list of lawyers who will perform free services will be provided to you. Harris County Guardianship Program serves as the guardian in cases in which the ward is indigent. | Guardianships (for difference between Temporary and Permanent go to #29) | What if we don't have money to hire a lawyer? | 35 |
Ordinarily, the inventory must be filed within thirty (30) days after the guardian has qualified by posting his or her bond and filing the oath. The period may be extended upon written motion to the court, for good cause shown. | Guardianships (for difference between Temporary and Permanent go to #29) | How long do we have to file an inventory? Can we get an extension? | 36 |
The investment plan must be filed no later than the 180th day after the date on which the guardian of the estate qualified as guardian. | Guardianships (for difference between Temporary and Permanent go to #29) | How long do we have to file an investment plan? | 37 |
The application for a monthly allowance for the ward must be filed no later than the 30th day after the date on which the guardian qualified as guardian. | Guardianships (for difference between Temporary and Permanent go to #29) | How long do we have to file an allowance application? | 38 |
The attorney for the applicant is generally compensated by the guardian after the guardianship is established. The fees must be approved by the Court after a written application is filed. Guidelines for the application are available in the main Court office. The attorney ad litem is compensated out of the estate pursuant to an order signed at the hearing creating the guardianship. A written application for fees is ordinarily not required, because the attorney can testify on the record about his or her time. If there is no estate, the attorney ad litem is paid by Harris County. The maximum rate the Court will approve in Harris County cases is $150.00 per hour for attorneys. | Guardianships (for difference between Temporary and Permanent go to #29) | As an attorney, how do I get compensated in a guardianship matter? | 39 |
The Probate Code requires that an attorney complete a special course prior to being appointed as an attorney ad litem in a guardianship matter. The course has been videotaped, and is available from the State Bar of Texas. | Guardianships (for difference between Temporary and Permanent go to #29) | Are there special requirements to serve as attorney ad litem in a guardianship matter? | 40 |
