Texas Estates Code 1202.052 – Contents of Application
Terms Used In Texas Estates Code 1202.052
- Child: includes an adopted child, regardless of whether the adoption occurred through:
(1) an existing or former statutory procedure; or
(2) an equitable adoption or acts of estoppel. See Texas Estates Code 22.004 - Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Next of kin: includes :
(1) an adopted child or the adopted child's descendants; and
(2) the adoptive parent of the adopted child. See Texas Estates Code 22.026 - Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Property: means real and personal property. See Texas Government Code 311.005
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
An application filed under § 1202.051 must be sworn to by the applicant and must state:
(1) the ward‘s name, sex, date of birth, and address;
(2) the name and address of any person serving as guardian of the person of the ward on the date the application is filed;
(3) the name and address of any person serving as guardian of the estate of the ward on the date the application is filed;
(4) the nature and description of the ward’s guardianship;
(5) the specific areas of protection and assistance and any limitation of rights that exist;
(6) whether the relief being sought is:
(A) a restoration of the ward’s capacity because the ward is no longer an incapacitated person;
(B) the granting of additional powers or duties to the guardian; or
(C) the limitation of powers granted to or duties performed by the guardian;
(7) if the relief being sought under the application is described by Subdivision (6)(B) or (C):
(A) the nature and degree of the ward’s incapacity;
(B) the specific areas of protection and assistance to be provided to the ward and requested to be included in the court‘s order; and
(C) any limitation of the ward’s rights requested to be included in the court’s order;
(8) the approximate value and description of the ward’s property, including any compensation, pension, insurance, or allowance to which the ward is or may be entitled; and
(9) if the ward is 60 years of age or older, the names and addresses, to the best of the applicant’s knowledge, of the ward’s spouse, siblings, and children or, if there is no known spouse, sibling, or child, the names and addresses of the ward’s next of kin.