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COURT INITIATED GUARDIANSHIP POLICY
FOR ADULTS IN TARRANT COUNTY PROBATE COURTS
Section 683 of the Texas Probate Code provides:
"If a court has probable cause to believe that a person domiciled or found in the county in which the court is located is an incapacitated person, and the person does not have a guardian in this state, the court shall appoint a guardian ad litem or court investigator to investigate and file an application for the appointment of a guardian of the person or estate, or both, of the person believed to be incapacitated."
The Tarrant County Probate Courts have implemented the following procedure to comply with this statute.
1. INFORMATION LETTER. The Court must receive a fully completed information letter on the attached form from a concerned party such as Adult Protective Services, a hospital, a nursing home, a relative or a friend of the proposed incapacitated person. The information letter should be sent to Tarrant County Probate Courts, 100 Weatherford, Fort Worth, TX 76196, or faxed at 884-3178 or 884-1807. Original documents must follow faxes.
2. DOCTOR'S LETTER or DMR. With the Information Letter, the Court must also receive a letter on the attached Doctor's Letter Form which must be signed by a physician (M.D. or D.O.) licensed to practice medicine in Texas. The doctor's letter must be dated within 3 months of the information letter and based upon an examination conducted within 3 months of the information letter. If the sole reason that the person may be incapacitated is due to Mental Retardation, please do not submit the Doctor's Letter Form. Instead, please submit a Determination of Mental Retardation (DMR) based on a examination which has been completed within 3 months of the date that it is submitted to the Court. A doctor or psychologist licensed by Texas or certified by the Texas Department of Mental Health and Mental Retardation must perform the examination.
3. ASSIGNMENT TO A COURT. Once these letters are received, the request will be assigned to either Probate Court No. One ("Court One") or Probate Court No. Two ("Court Two"). The Court will then appoint a Court Investigator or a Guardian Ad Litem to investigate the circumstances and file an application for the appointment of a guardian of the person or estate, or both, of the proposed ward, if necessary.
a. In Court Two, the Court Investigator will be appointed to those cases in which the proposed ward does not have sufficient assets to pay for a guardianship action if one is necessary. A Court Visitor will be assigned to contact the person completing the information letter, meet with the proposed ward and complete a Court Visitor's Report.
b. In Court One, a Guardian ad Litem will be appointed to every case. In Court Two, a Guardian ad Litem will be appointed to those cases in which the proposed ward has sufficient assets to pay for a guardianship action if one is necessary and to cases involving imminent danger.
COURT INITIATED GUARDIANSHIP TAKES AT LEAST SIX WEEKS FROM
THE DATE THE COURT RECEIVES BOTH LETTERS
4. DUTIES OF GUARDIAN AD LITEM OR COURT INVESTIGATOR. The duties of a Guardian Ad Litem or a Court Investigator upon such appointment are as follows:
a. personally interview the proposed ward ("PW");
b. interview the party who filed the letter concerning PW as well as the known relatives of PW;
c. consider less restrictive alternatives to guardianship;
d. consider necessity of temporary guardianship;
e. file application for guardianship, if necessary;
f. file a report with Court if no application filed;
g. locate person to serve as guardian or contact Volunteer Guardians;
h. notify family members as required by TPC 633;
i. visit with attorney ad litem concerning application;
j. ensure that PW is properly served and that citation time has run prior to hearing;
k. set date for hearing (Court One only)
l. prepare Order Appointing Guardian, Oath & Bond;
m. attend hearing on application;
n. assist guardian in obtaining bond and letters; and
o. represent the best interest of PW.
5. UPON FILING OF APPLICATION. If a Guardian Ad Litem or a Court Investigator files an application for temporary or permanent guardianship, the Court will appoint an Attorney Ad Litem to represent and advocate on behalf of PW. PW will then be served a copy of the application by the Sheriff. Court Two will also set a date for a hearing on the application.
6. DUTIES OF ATTORNEY AD LITEM. The duties of the Attorney Ad Litem are as follows:
a. review the application for guardianship, certificates of physical, medical and intellectual examination and all PW's relevant medical, psychological and intellectual testing records;
b. personally interview PW;
c. discuss with PW the laws and facts of the case, the proposed ward's legal options regarding disposition of the case and the grounds on which guardianship is sought;
d. ascertain whether PW wants to oppose the guardian or the guardianship (if PW can't communicate, AAL is to act in PW's best interests);
e. file an answer and a report that states whether PW objects to guardianship, the proposed guardian, or both, and send a copy of the report to the Court Investigator;
f. visit with Guardian Ad Litem or Court Investigator concerning application;
g. advocate on behalf of PW at the hearing.
Questions concerning this policy or the status of your case should be addressed to the Court Investigators:
Court One, BARRIE ALLEN 817-884-2189; or Court Two, PAULA CONLEY 817-884-3395.
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