Procedure for Filing Temporary Guardianship

Updated August 23, 2018 
 
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 will e-file an Application of Temporary Guardianship, Motion to Appoint Attorney Ad Litem & the 2 Civil Information Sheets in one envelope/ea. as a lead document.  If the attorney wants the Sheriff's office to serve, - go to Optional Services & choose Sheriff - Service - Personal Citation $75.  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.
  2. The clerk will file the envelope & assign it a new case number.
  3. 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.
  4. 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.  County Court, Cindy Sexton - 325- 674-1235, CCL #1, Maria Tolentino - 325-674-1323, and CCl #2, Brandi DeRemer - 325-674-1208.
  5. ASAP the attorney will e-file an Order Appointing an Attorney Ad Litem & Order Setting Hearing in one envelope - ea. as a lead document.  They will need to go to Option Services & choose, Judge's Signature Fee for each Order.
  6. The Judge will sign the Order Appointing an Attorney Ad Litem & Order Setting Hearing and forward them to the Clerk's office.
  7. The clerk will file the 2 Orders & immediately issue a personal citation to the proposed Ward.  The Clerk will attach a plain copy of the Application, Order Appointing Attorney Ad Litem & Order Setting Hearing to the personal citation.  If the Sheriff will be serving: when the citation is ready, the clerk will walk the citation over to their office.
  8. If the Applicant is NOT going to be appointed the Temporary Guardian, the person to be named Temporary Guardian must be personally served as well.  If the Sheriff's office is serving it too, the clerk will walk it over w/ the personal citation for the proposed Ward.
  9. 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).
  10. The clerk will email or fax the Application, Order Appointing the Attorney Ad Litem, Order Setting Hearing & copy of the personal citation to the Attorney Ad Litem.
  11. 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.
  12. The Attorney Ad Litem will schedule a consult with the Respondent/Proposed 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).

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:

  1. 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 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.
  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.  In the hearing the Judge will still swear in the Temporary Guardian & approve the Bond.  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.
  3. 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.
  4. 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 Guardian can file an Application for Permanent Guardianship.
  5. AS OF AUGUST 2012 WE DO NOT POST ON THE TEMPORARY GUARDIANSHIP.   
  6. 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".
  7. 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.
  8. 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.