Register a Guardianship
Guardianship Registration
An insurance policy required by a court in an amount set by a judge intended to protect the assets of the estate.
A person appointed by a probate court jointly responsible for protecting the property and/or person of one who does not have the capacity to protect their own interests. Usually married but not required to be if previously appointed joint managing conservator.
A certificate issued by the clerk of court to a guardian, only after appointment and qualification, used to facilitate and corroborate the guardian’s legal rights over the protected person.
A sworn written statement made by the guardian to discharge faithfully their duties of guardian.
The date a guardian is considered to have qualified to serve as guardian. It is determined by the later of the dates in which the guardian files the oath with the clerk or the date the bond is approved by the judge. In instances where the bond is waived, the qualification date is the date the oath is filed with the clerk.
Guardians are required to register their guardianship with the JBCC upon filing their application for guardianship with the court per GOVT Code 155.151 & JBCC Rule 10.2.
Guardian and Guardianship Types
A corporate fiduciary is typically a bank, an independent trust company, or another financial institution that offers trust administration services.
Their primary responsibility is to act in the best interests of the beneficiaries, ensuring the proper management and distribution of assets.
A guardian who possesses powers, rights, and responsibilities regarding the property of a protected person.
A guardian who possesses rights and responsibilities for a protected person and advocates for their health, well-being, and personal needs.
Guardian appointed after the original guardian. Often appointed after removal or upon death of the original guardian.
Temporary guardianship gives the guardian the power to act for thirty to sixty days, or less if the court determines that the guardian can complete his or her duties in less time.
An individual or entity appointed by the VA to receive VA funds on behalf of the beneficiary for the use and benefit of the beneficiary and his/her dependents.
A guardianship in which the guardian has only those specific powers granted by the order appointing the guardian.
Reporting
A report made yearly to a court by a guardian of the estate containing a complete detail of all actions taken and occurring on all property and assets owned by a ward.
A report made yearly to a court by a guardian of the person containing information as to the condition and well-being of a ward.
Rules and Statutes
The law containing guardianship provisions.
The law containing information regarding guardianship registrations.
The Supreme Court approved rules pertaining to guardianship registrations and the Judicial Branch Certification Commission (JBCC).
Miscellaneous
- A liability against the estate of an incapacitated person
- a debt due to the estate of an incapacitated person.
The termination of a legal action for failure of parties to appear for a hearing or trial or failing to take certain specified actions of which the party had notice.
The electronic process by which court documents are filed with the clerk’s office in a specific jurisdiction that involves uploading documents into the Efile Texas system.
A protected person’s income, assets, real estate, or any other financial holdings.
An adult who, because of physical or mental condition is substantially unable to feed, clothe or shelter himself/herself, to care for his/her physical health, or to manage his/her financial affairs.
The termination of a legal action without actual determination of the controversy on the merits.
Refers to all movable property belonging to a protected person.
Refers to fixed property belonging to a protected person. Primarily land and buildings.
The timeframe an annual account or annual report encompasses- usually a year. It is determined by the annual anniversary of the date of qualification of guardian.
An account in which the estate deposits estate cash in a financial institution to be held under the agreement that the financial institution will not allow withdrawal or transfer except for by order of the court.
Person designated by the Social Security Administration to receive Social Security Disability or Social Security Income benefits for anyone who is unable to manage their own benefits.
The protected person for whom a guardian has been appointed is called the ward; the person the guardian takes care of.
The ward requires special protection and care from their guardian. They may also need assistance with decision-making related to healthcare, finances, and living arrangements.