VERIFIED ORIGINAL PETITION FOR APPOINTMENT OF GUARDIAN
(Person ☐ | Estate ☐ | Both ☐) AND FOR ISSUANCE OF LETTERS OF GUARDIANSHIP
Probate Court No. [COURT NUMBER] – [COUNTY] County, Texas
Cause No. _____
In the Matter of the Guardianship of
[WARD’S FULL LEGAL NAME],
An Incapacitated Person
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW [PETITIONER NAME] (“Petitioner”) and files this Verified Original Petition pursuant to Texas Estates Code §§ 1101.001–1101.003, seeking the appointment of [PROPOSED GUARDIAN NAME] (“Proposed Guardian”) as Guardian of the ☐ Person ☐ Estate ☐ Both of [WARD NAME] (“Ward”). In support hereof, Petitioner respectfully states as follows:
[// GUIDANCE: Insert all known facts with specificity. Texas Estates Code § 1101.001 requires each item in ¶¶ 1–11 below.]
1. Discovery Control Plan
This matter is governed by Texas Rules of Civil Procedure 190.2 (Level 1) unless otherwise ordered.
2. Parties & Service
2.1 Petitioner: [PETITIONER NAME], a resident of [COUNTY] County, Texas, residing at [ADDRESS], may be served through undersigned counsel.
2.2 Ward: [WARD NAME], born [DOB], Social Security No. -*-[LAST 4], currently residing at [RESIDENCE / FACILITY ADDRESS].
2.3 Proposed Guardian: [PROPOSED GUARDIAN NAME]**, relationship to Ward: [RELATIONSHIP], residing at [ADDRESS].
2.4 Interested Persons (Tex. Est. Code § 1051.103):
a. [NAME, ADDRESS, RELATIONSHIP]
b. [NAME, ADDRESS, RELATIONSHIP]
c. (continue as needed)
3. Jurisdiction & Venue
3.1 This Court has original jurisdiction under Texas Estates Code § 1101.001.
3.2 Venue is proper in [COUNTY] County because Ward is domiciled and resides in this county (Tex. Est. Code § 1002.015).
4. Ward’s Incapacity & Necessity for Guardianship
4.1 Nature of Incapacity: Ward suffers from [MEDICAL CONDITION / COGNITIVE IMPAIRMENT] rendering Ward unable to manage personal affairs and/or property.
4.2 Medical Evidence: A current physician’s certificate of medical examination (“CME”) compliant with Tex. Est. Code § 1101.103 is attached as Exhibit A.
4.3 Guardianship is the least restrictive means to protect Ward’s best interests and property.
5. Proposed Guardian Qualifications
5.1 Proposed Guardian is over 18, of sound mind, not disqualified under Tex. Est. Code § 1104.351, and is willing to serve.
5.2 Proposed Guardian has no conflicts of interest adverse to Ward.
5.3 Proposed Guardian consents to fiduciary duties imposed by law and this Court.
[// GUIDANCE: Obtain signed “Statement of Acceptance” from Proposed Guardian for court filing.]
6. Powers & Duties Requested
6.1 General Powers: All powers granted to a Guardian of the ☐ Person ☐ Estate ☐ Both under Chapters 1151–1155, Tex. Est. Code.
6.2 Special Powers (if any):
a. Authority to establish and fund a § 142 Trust / Special Needs Trust.
b. Authority to sell or lease real property described in Exhibit B.
6.3 Protective Orders: Petitioner requests the Court to issue any interim protective orders necessary to safeguard Ward’s person and property pending qualification of the Guardian.
7. Bond Requirement
Petitioner requests that Guardian’s bond be set at $[AMOUNT] or such other amount the Court deems appropriate pursuant to Tex. Est. Code §§ 1105.051–.052. In the alternative, Petitioner requests waiver of bond for a corporate fiduciary with qualifying insurance coverage.
8. Less Restrictive Alternatives Considered
8.1 Durable Power of Attorney: Not in existence / Revoked / Insufficient.
8.2 Supported Decision-Making Agreement: Determined inadequate due to Ward’s incapacity.
8.3 Joint Bank Accounts / Representative Payee: Do not address personal-care decisions.
Accordingly, a full guardianship is required (Tex. Est. Code § 1101.251).
9. Mandatory Reports & Ongoing Duties
9.1 Annual Accountings (Estate Guardians): Guardian will file annual accountings in compliance with Tex. Est. Code § 1163.001.
9.2 Annual Reports on the Person (Person Guardians): Guardian will file annual reports per Tex. Est. Code § 1163.101.
9.3 Notice of Change of Residence: Guardian will notify the Court within 30 days of any change (Tex. Est. Code § 1163.402).
10. Notice & Citation
Petitioner requests issuance of citation and service on:
a. Ward (personal service; Tex. Est. Code § 1051.104).
b. All interested persons listed in ¶ 2.4 (Tex. Est. Code § 1051.103).
c. Texas Health & Human Services Commission (if applicable).
11. Jury Waiver
Pursuant to the metadata directive “no_jury_probate_court,” Petitioner affirmatively waives the right to a jury trial and requests the Court determine all issues of fact and law.
12. Prayer
WHEREFORE, PREMISES CONSIDERED, Petitioner prays that:
1. Citation and notice issue as requested;
2. After hearing, the Court find Ward incapacitated, appoint Proposed Guardian as Guardian of the ☐ Person ☐ Estate ☐ Both, and issue Letters of Guardianship;
3. Bond be set as requested in ¶ 7;
4. Any protective orders necessary to preserve Ward’s welfare and estate be entered; and
5. Petitioner receive such other and further relief, at law or in equity, to which Petitioner may be justly entitled.
Respectfully submitted,
[ATTORNEY NAME]
State Bar No. [SBOT #]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
ATTORNEY FOR PETITIONER
VERIFICATION
STATE OF TEXAS §
COUNTY OF ______ §
BEFORE ME, the undersigned authority, on this day personally appeared [PETITIONER NAME], who, being by me duly sworn, upon oath stated that (i) she/he is the Petitioner in the foregoing Verified Original Petition, (ii) she/he has read the Petition, and (iii) every statement contained therein is within her/his personal knowledge and is true and correct.
[PETITIONER NAME]
SUBSCRIBED AND SWORN TO before me on this _ day of _, 20___.
Notary Public, State of Texas
My Commission Expires: ____
EXHIBIT INDEX
A – Physician’s Certificate of Medical Examination (CME)
B – Inventory of Ward’s Property & Real Estate Legal Description
C – Proposed Guardian’s Acceptance of Appointment
[// GUIDANCE: File Exhibits under separate cover, redacting protected health information in compliance with HIPAA and Tex. R. Civ. P. 21c.]
DRAFTING NOTES & CUSTOMIZATION CHECKLIST
• Confirm court-specific local rules (e.g., standing orders, electronic filing procedures).
• If guardianship of the estate involves >$50,000 in liquid assets, consider corporate surety bond.
• Assess need for Temporary Guardianship (§ 1251) or Emergency Intervention (§ 1355).
• If Ward is a minor, revise statutory citations to Tex. Est. Code §§ 1104.051–.054 and delete incapacity allegations.
• Revisit ¶ 11 if any party demands a jury.
• Adhere to mandatory Guardianship Certification requirements for Proposed Guardian (online training & background check).
• Serve HHSC if Ward receives or may receive Medicaid benefits (Tex. Est. Code § 1054.003).
[// GUIDANCE: Insert lawyer’s electronic signature block per Tex. R. Civ. P. 21(f) for e-filing.]
Template prepared for use under Texas law. Review and tailor to case-specific facts before filing.