Legal Research Guides > Guardianship (last updated: 03/13/2024)

Guardianship

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• General Information

• Texas Laws

• Forms

• Print Resources

• Related Topics

General Information

Blog posts from Ex Libris Juris

• Latest & Greatest - The Fundamentals of Guardianship: What Every Guardian Sh

Additional Resources

• Guardianship – Office of the Texas Governor

• Guardianship – Texas Health and Human Services

• Guardianship Process

• Guardianship of the Person and Estate Handbook: Protecting and Preserving what we Cherish – Harris County Probate Courts

• A Texas Guide to Adult Guardianship

Texas Laws

Texas Estates Code

• Annual Account and Other Exhibits and Reports – Texas Estates Code, Chapter 1163

• Attorneys Ad Litem and Interpreters – Texas Estates Code, Chapter 1054

• Evaluation of Guardianship – Texas Estates Code, Chapter 1201

• Final Settlement, Accounting, and Discharge – Texas Estates Code, Chapter 1204

• General Procedure to Appoint Guardian - Texas Estates Code, Chapter 1101

• Guardianship and Related Procedures – Texas Estates Code, Title 3, Chapters 1001, et seq.

• Jurisdiction – Texas Estates Code, Chapter 1022

• Letters of Guardianship – Texas Estates Code, Chapter 1106

• Management and Control of Incapacitated Spouse’s Property – Texas Estates Code, Chapter 1353

• Modification or Termination of Guardianship – Texas Estates Code, Chapter 1202

• Procedure to Appoint Guardian for Certain Minors Requiring Guardianship as Adults – Texas Estates Code, Chapter 1103

• Qualification of Guardians – Texas Estates Code, Chapter 1105

• Resignation, Removal, or Death of Guardian; Appointment of Successor – Texas Estates Code, Chapter 1203

• Rights, Powers, and Duties Under Guardianship – Texas Estates Code, Chapter 1151

• Selection and Eligibility to Serve as Guardian – Texas Estates Code, Chapter 1104

• Special Types of Guardianship Generally – Texas Estates Code, Chapter 1251

• Supported Decision-Making Agreement Act – Texas Estates Code, Chapter 1357

• Trial and Hearing Matters – Texas Estates Code, Chapter 1055

Forms

Online

• Annual Report on Location, Condition and Well Being of Ward

• Guardianship Referral and Physician’s Certificate of Medical Examination (Harris County)

• I am looking for an alternative to guardianship.

• Proposed Order Appointing Guardian of Person And/Or Estate

• Suggestion of Need for Guardian or Need for Investigation of Circumstances under § 1102.007-.003 of the Texas Estates Code

Print

• Guardianship Alternatives (Only available through the public access computers at the Law Library.)

• Texas Guardianship Manual

• Texas Jurisprudence Pleading and Practice Forms (Also available through Westlaw at the Law Library and through Westlaw Patron Access Remote.)

• Texas Legal Practice Forms (Also available through Westlaw at the Law Library and through Westlaw Patron Access Remote.)

• Texas Litigation Guide (Also available online through the Law Library’s LexisNexis Digital Library.)

• Texas Practice Guide. Probate (Also available through Westlaw at the Law Library and through Westlaw Patron Access Remote.)

• Texas Probate, Estate and Trust Administration (Also available online through the Law Library’s LexisNexis Digital Library.)

• West’s Texas Forms (Also available through Westlaw at the Law Library and through Westlaw Patron Access Remote.)

Print Resources

• Don’t Let Dementia Steal Everything: Avoid Mistakes, Save Money, and Take Control, By Kerry Peck and Rick L. Law, American Bar Association.  Chapter 9 discusses guardianship and explains the difference between guardianship and Powers of Attorney. (Also available online through the Law Library’s LexisNexis Digital Library.)

• Elder Law in a Nutshell, By Richard L. Kaplan, West Academic.   See Chapters 9 and 10 for a discussion of guardianship and some alternatives to guardianship. (Also available online through the Law Library’s LexisNexis Digital Library.)

• Elder Law: Advocacy for the Aging, By Jennifer L. VanderVeen, Thomson Reuters. Chapter 8 discusses guardianship and conservatorship while Chapter 9 talks about special needs trusts.

• The Fundamentals of Guardianship: What Every Guardian Should Know, American Bar Association. (A more recent edition is available online through the Law Library’s LexisNexis Digital Library.)

• Guardianship Alternatives, Texas Bar Books.

• The Law of Later-Life Healthcare and Decision Making, By Lawrence A. Frolick, American Bar Association. See Chapter 4 for information about guardianships. (Also available online through the Law Library’s LexisNexis Digital Library.)

• Texas Elder Law (Texas Practice, Vol. 51), By Molly Dear Abshire, et al., Thomson Reuters. Chapter 13 discusses special needs trusts. (Also available through Westlaw at the Law Library and through Westlaw Patron Access Remote).

• Texas Practice Guide: Probate, By Thomas M. Featherston, Jr., et al., Thomson Reuters.   Chapters 17-20 focus on various aspects of guardianships, such as appointment of guardians, guardians ad litem, powers and duties of a guardian, and temporary guardianships. (Also available through Westlaw at the Law Library and through Westlaw Patron Access Remote).

Continuing Legal Education (CLE) Resources

The State Bar of Texas requires licensed attorneys to take 15 credits of CLE each year.  CLE courses typically focus on a particular area of law and might include legal theory, practice tips and guidance, developments in the law, or legislative updates. CLEs are secondary resources that are especially useful in that they provide current information about legal topics and issues.

• State Bar of Texas Annual Advanced Guardianship Law Course

• State Bar of Texas Annual Advanced Estate Planning & Probate Course

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