Procedure for Filing Temporary Guardianship

Updated May 16, 2014

TAYLOR COUNTY STANDARD PROCEDURE FOR FILING TEMPORARY GUARDIANSHIPS

TEXAS ESTATES CODE 1251

If the court is presented with substantial evidence that a person may be a minor or other incapacitated person, and the court has probable cause to believe that the person or person’s estate, or both, requires the immediate appointment of a guardian, the court shall appoint a temporary guardian with limited powers as the circumstances of the case require.
  1. The attorney needs to bring an Application for the Appointment of a Temporary Guardian, Motion & Order Appointing an Attorney Ad Litem & a Notice of Hearing. The filing fee for County Court is $380.00 & Courts at Law are $395.00 – this includes the personal citation which MUST be served by the Sheriff’s office if the proposed Ward is to be served within Taylor County.
  2. The deputy clerk will file the Application & Motion for Attorney Ad Litem and assign it a case number.
  3. The attorney will take the numbered case file to the Judge for setting a hearing (must be within 10 days). The Court Administrator will contact an Attorney Ad Litem to coordinate the availability of an Ad Litem & set the hearing.
  4. The Judge will sign an Order Appointing an Attorney Ad Litem & a Notice of Hearing.
  5. The attorney will bring the file back to the deputy clerk & the clerk will immediately issue a personal citation to the proposed Ward to be served by the Constable or Sheriff’s Deputy. When the citation is ready, the clerk will call the Sheriff’s office to have them come pick it up immediately. There will NOT be a posted citation.
  6. The clerk will fax the Application, Order Appointing the Attorney Ad Litem, Notice of Hearing & copy of the personal citation to the Attorney Ad Litem.
  7. When the personal citation is returned served, the clerk will contact the Attorney Ad Litem to let them know the proposed Ward was served.
  8. The Attorney Ad Litem will schedule a consult with the Ward & be present at the hearing. According to Texas Estates Code 1054.004 re: the Duties of an Attorney Ad Litem: “shall interview the proposed ward within a reasonable time before the hearing”.
**THE HEARING MUST TAKE PLACE WITHIN 10 DAYS; IF NECESSARY IT CAN BE HEARD AS SOON AS THE WARD IS SERVED & AD LITEM HAS MET WITH THE WARD (IT CAN HAPPEN IN THE SAME DAY IF THE APPLICATION IS FILED EARLY ENOUGH).

AT THE TIME OF THE HEARING:
  1. The Respondent or the Respondent’s Attorney may consent to postpone the hearing on the application for temporary guardianship for a period not to exceed 30 days after the date of filing the application.
  2. When the Order for Temporary Guardianship is approved by the Judge, the court shall assign to the Temporary Guardian only those powers and duties that are necessary to protect the Respondent against the imminent danger shown.
  3. The Bond will then be set and approved & a Temporary Oath will be taken. Upon filing with the clerk the Order for a Temporary Guardianship, the Oath and Approved Bond, the clerk will issue a Certificate of Temporary Guardian with a certified copy of the Order attached. Ea. Add. Certificate will be $2.00 plus cost of certified copies of order.
  4. The Temporary Guardianship may not remain in effect for more than 60 days (unless challenged, contested or extended) during which time the Guardian can file an application for Permanent Guardianship.
  5. AS OF AUGUST 2012 WE DO NOT POST ON THE TEMPORARY GUARDIANSHIP.
  6. Once the Attorney files an Application for a Permanent Guardianship, the clerk will post a citation per Texas Estates Code 1051.102. The Ward will not be personally served again because the Temporary Guardianship personal citation to the Ward states “the Temporary Guardianship, if granted, may be made permanent”.
  7. AS OF OCTOBER 31, 2012 IT HAS BEEN AGREED UPON BY ALL 3 JUDGES THAT COMBINED APPLICATIONS FOR TEMPORARY AND PERMANENT GUARDIANSHIPS WILL NO LONGER BE ACCEPTED.