A guardianship is a court-ordered and court-supervised process. To file an application for guardianship, you must hire an attorney to represent the applicant (you), and the court will appoint an attorney, called an attorney ad litem, to represent the interests of the incapacitated person (the Proposed Ward).
Guardianship Application Process
In general, the initial application process for a guardianship includes the following steps:
- Your attorney will file an application for guardianship in the county court. In Travis County, all guardianships are handled in the Probate Court.
- You must obtain a doctor’s certificate finding that the Proposed Ward is incapacitated. This form is called a Health Care Provider’s Certificate of Medical Examination and is provided by the court.
- The Proposed Ward must be served with citation, and other interested persons, including relatives, must be given notice.
- The court will appoint an attorney at litem to represent the interests of the Proposed Ward and will schedule a meeting with the family to make sure the guardianship is in the best interest of the Proposed Ward.
- The applicant will register the guardianship with the JBCC (Judicial Branch Certification Commission), including completing an online four-hour training course and passing background checks.
- A hearing to decide on the application will be held at the courthouse. The applicant must testify as to the necessity of the guardianship and his or her qualifications to serve. The Proposed Ward must be present if able to attend, but this requirement is waived if the doctor who filled out the medical form recommends the Proposed Ward not attend.
- The court will require a bond, and the bond amount is set at the hearing.
After Guardianship is Established
Once established, the guardianship is continually supervised by the court.
- Within 20 days of appointment, a Guardian must post the bond and provide a sworn oath agreeing to perform the duties of a Guardian. The Guardian will also file an initial information sheet about the Ward with the court.
- If there is a guardianship of the estate, then within 30 days of appointment, the Guardian must also file a verified, full, and detailed inventory of all the ward’s property that has come into the guardian’s possession or of which the guardian has knowledge.
- After the bond is posted and the oath is filed, the court will issue “Letters of Guardianship” that the Guardian can use to provide evidence of the guardianship to others. These letters expire 15 months after issuance.
- Each year, the Guardian must file an annual report. Guardians of the Person file an annual report on the condition and well-being of the Ward. Guardians of the Estate also file an annual accounting, showing all financial transactions handled on the Wards behalf for that year.
- New letters are issued each year after the annual accounting and new bond (if needed) is posted.
How can TCV Help?
At TCV, we include incapacity planning as a standard part of our comprehensive estate planning process to avoid the need for guardianships. We also represent applicants who have special needs children who are turning or have recently turned 18. Whether you need help with your entire estate plan, planning for your special needs children, or just your incapacity planning, we look forward to meeting with you!
By Rachel Bosworth, Attorney, TCV