Procedure for Filing Temporary Guardianship
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.
- The Proposed Temporary Guardian must register with the State of Texas/Judicial Branch Certification Commission (JBCC) ASAP! The JBCC will run a criminal history background check on the Proposed Temporary Guardian & they will send the results to the County Clerk. Website https://jbcctexas.txcourts.gov/. Training is NOT required until the Applicant applies to become a Permanent Guardian.
- The Attorney will e-file an (1) Application for the Temporary Guardian, (2) Motion to Appoint Attorney Ad Litem, (3) the Taylor County New Probate/Guardianship Information Sheet & (4) Request for Issuance form (Info & Request doc available on our website) - in one envelope/ea. as a lead/standalone document. On the Request for Issuance form you will request the Ward and the Attorney Ad Litem to be personally served - EC 1251.005(a)(1) and (2). When the Request for Issuance form is uploaded, go to Optional Services & choose: (1) Issue Citation (2 citations/$8) (2) Sheriff - Service - Personal Citation $75 (the Ward must be served by Sheriff or Constable EC 1051.051(b)(1) and if you want the Attorney Ad Litem to be served by Sheriff or Constable as well, add the Sheriff - Service - Personal Citation $75 again. (3) A copy of the Application must be attached to each personal citation - EC 1251.004(c), add the Copy - non-certified fee, which is $1 per page. (4) If the Temporary Guardian is going to be someone other than the Applicant, then they must be served as well. Unlike a permanent guardianship, the proposed Ward's spouse does not have to be cited.
- The Clerk will review & file the envelope & assign it a new case number.
- The attorney representing the applicant will contact Cindy Sexton for a list of Attorney Ad Litems (Cindy maintains the ad litem list for all 3 courts in Taylor County). The attorney will coordinate with the Court & the Ad Litem for a hearing date & time. A hearing must be within 10 days. The attorney will notify the Court Administrator & give them the Ad Litem's name and hearing date. Court Administrators: County Court, Cindy Sexton - 325- 674-1235, CCL #1, Maria Tolentino - 325-674-1323, and CCl #2, Brandi DeRemer - 325-674-1208.
- ASAP the attorney will e-file into the case number an Order Appointing an Attorney Ad Litem & Order Setting Hearing in one envelope - ea. as a lead/standalone document. Go to Optional Services & choose, Judge's Signature Fee for each Order ($2 each).
- The Clerk will forward the envelope to the Court assigned. The Judge will sign the Order Appointing an Attorney Ad Litem & Order Setting Hearing and send them back to the Clerk.
- The Clerk will file the 2 Orders & immediately issue a personal citation to the proposed Ward and to the Attorney Ad Litem. The Clerk will attach a plain copy of the Application, Order Appointing Attorney Ad Litem & Order Setting Hearing to both personal citations. The citation(s) will be emailed or hand-delivered to the Sheriff or Constable.
- There will NOT be a posted citation at this time - there will be a posted citation if/when the Temporary Guardianship is made permanent (see below).
- When the personal citation is returned served, the Clerk will email the served citation to the Attorney Ad Litem to let them Know the proposed Ward was served.
- The Attorney Ad Litem will schedule a consult with the Respondent/proposed Ward & be present at the hearing. According to the 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
The Proposed Ward/Respondent or their 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.
AT THE TIME OF THE HEARING:
- The attorney will e-file the Order Appointing Temporary Guardian, the already signed/notarized Oath & Bond (Bond automatically accesses the $2 Judge's Signature Fee) in ONE envelope - ea. (3) as a lead/standalone document. Go to Optional Services & choose Judge's Signature Fee $2 for the Order Appt. Temp. Guardian. The initial fee ($340) includes ONE Certificate of Temporary Guardianship. If you will need more, go to Optional Services & choose Issue Letter $2 and Copies - Non-Certified $1 per page & Copies - Certified $5 for each set needed. (Temporary Guardianships are issued a Certificate of Temporary Guardianship w/a certified copy of the Order attached) OR the attorney can bring a check with them to pay after the hearing.
- In the hearing, if the Order for Temporary Guardian is approved by the Judge, the Temporary Guardian will be sworn in by the Judge & the Bond will be approved. Then the Judge will forward the envelope with the Order, Oath & Bond to the Clerks office. FILING the Oath & Bond activates the Temporary Guardian's qualification.
- The clerk will file the Order, Oath & Bond and then immediately issue ONE Certificate of Temporary Guardianship with a certified copy of the Order attached.
- The Temporary Guardianship may not remain in effect for more than 60 days per TX Estates Code 1251.151 (unless challenged, contested or extended) during which time the Temporary Guardian can file an Application for Permanent Guardianship.
- AS OF AUGUST 2012 WE DO NOT POST ON THE TEMPORARY GUARDIANSHIP.
- If the attorney files an Application for Permanent Guardianship, the clerk will post a citation per Texas Estates Code 1051.102. This fee is included in the initial filing fee. 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".
- Once the Application for Permanent Guardianship is filed, the Proposed Guardian must complete the training course online through the JBCC (same website as listed above) and file a Certificate of Completion with the court at least 10 days before the hearing on the Application for Permanent Guardianship.
- AS OF OCTOBER 31, 2012 - COMBINED Applications for Temporary Guardianship AND Permanent Guardianships will NOT be accepted. Judges of County Court, Court at Law #1 and Court at Law #2 are in agreement with this policy.