Texas Estates Code 1104.303 – Requirements of Application
(a) An application for a certificate of registration must include a sworn statement containing the following information concerning a private professional guardian or each person who represents or plans to represent the interests of a ward as a guardian on behalf of the private professional guardian:
(1) place of residence;
(2) business address and business telephone number;
(3) educational background and professional experience;
(4) three or more professional references;
(5) the name of each ward for whom the private professional guardian or person is or will be serving as a guardian;
(6) the aggregate fair market value of the property of all wards that is or will be managed by the private professional guardian or person;
(7) whether the private professional guardian or person has ever been removed as a guardian by the court or resigned as a guardian in a particular case, and, if so:
(A) a description of the circumstances causing the removal or resignation; and
(B) the style of the suit, the docket number, and the court having jurisdiction over the proceeding; and
(8) the certification number or provisional certification number issued to the private professional guardian or person by the guardianship certification program of the Judicial Branch Certification Commission.
(b) The application must be:
(1) made to the clerk of the county having venue of the proceeding for the appointment of a guardian; and
(2) accompanied by a nonrefundable fee of $40 to cover the cost of administering this subchapter.
Terms Used In Texas Estates Code 1104.303
- 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 - Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Venue: The geographical location in which a case is tried.
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033