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Texas Motion that Guardianship Order be Modified to Allow Ward to Vote

State:
Texas
Control #:
TX-02506BG
Format:
Word; 
Rich Text
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PROBATE CODE - CHAPTER XIII. GUARDIANSHIP


Sec. 694A. COMPLETE RESTORATION OF WARD'S CAPACITY OR MODIFICATION OF GUARDIANSHIP.


A ward or any person interested in the ward's welfare may file a written application with the court for an order:


" finding that the ward is no longer an incapacitated person and ordering the settlement and closing of the guardianship;

" finding that the ward lacks the capacity to do some or all of the tasks necessary to provide food, clothing, or shelter for himself or herself, to care for the ward's own physical health, or to manage the ward's own financial affairs and granting additional powers or duties to the guardian; or

" finding that the ward has the capacity to do some, but not all, of the tasks necessary to provide food, clothing, or shelter for himself or herself, to care for the ward's own physical health, or to manage the ward's own financial affairs and:

" limiting the powers or duties of the guardian; and

" permitting the ward to care for himself or herself or to manage the ward's own financial affairs commensurate with the ward's ability.


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FAQ

A guardian is also prohibited from making gifts from the ward's estate. Generally, a guardian cannot tie up the ward's money by purchasing real estate, but can lend the money to someone else buying real estate if the property is sufficient security for the loan.

A power of attorney is a private way to decide who will have the legal authority to carry out your wishes if you can no longer speak or act for yourself. It is less costly than a guardianship, which is a public proceeding and the person appointed as your guardian may not be the person you would have chosen.

A guardianship is necessary when a person or minor is considered incapacitated.There are instances when a person is starting to lose the ability to make rational or prudent decisions but has designated a power of attorney.

In most cases, power of attorney is preferred to legal guardianship because more control is retained by the person being protected. However, if court supervision is needed, guardianship may be more appropriate.

Representative payee. Durable powers of attorney. Health care surrogacy. Living wills. Trusts. Community advocacy systems. Joint checking accounts. Case management.

There are two types of guardianships, a full guardianship and a limited guardianship.

If you disagree with the guardianship orders, you can appeal to the NCAT Appeal Panel or the Supreme Court of NSW. Appeals can only be lodged within a certain period of time from the date of the decision.

Spending or investing the protected person's money. The guardian can ask the court to approve a monthly budget to pay the protected person's monthly expenses. Selling the protected person's home or any real property. Making or changing the protected person's last will and testament, or change any beneficiaries.

Guardianship of the person. The legal guardian has the right to consent for the minor and make all decisions regarding the minor's health and education. A legal guardian will maintain custody of the minor until the minor reaches the age of eighteen, or until a judge determines that the minor no longer needs a guardian.

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Texas Motion that Guardianship Order be Modified to Allow Ward to Vote