Court Visitor Program Information
CLICK HERE
CERTIFICATION
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ALL attorneys (even those only contesting guardianship) must have certification training within 14 days of appearance and before filing of any motions. Training link is HERE.
FACEBOOK PAGE
The Court hosts a Facebook Guardianship Page for guardians, ad litems, wards and guardian ad litems to come together and exchange information. The site is private and only those persons listed above will be allowed access. The site may be found at: (5) Montgomery County Guardianship Group | Facebook
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REGISTRATION
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Any person(s) or entity applying for appointment as guardian must complete the following at least 10 days before the hearing on the application:
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SUBMIT REGISTRATION INFORMATION TO JUDICIAL BRANCH CERTIFICATION COMMISSION (JBCC): Prior to being appointed guardian, the proposed guardian must submit registration information online with the JBCC at: CLICK HERE.
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If the proposed guardian is not an attorney, certified guardian or corporate fiduciary, the proposed guardian must also complete GUARDIANSHIP TRAINING 10 days before the hearing on the application.
GOP Annual Report
The Texas Office of Court Administration has initiated a program assist guardians/courts in the administration of guardianships of the person by creating a web-based application which guardians will use to generate the annual report of the person. The Court expects all guardians to utilize this application when preparing the annual report. THIS PROGRAM HAS BEEN DESIGNATED FOR MONTGOMERY COUNTY ONLY AT THIS TIME. PLEASE DON'T ATTEMPT TO USE THE APPLICATION FOR PREPARING REPORTS FOR GUARDIANSHIPS IN OTHER COUNTIES. Click here for the directions on use of the application.
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COURT INVESTIGATION
If you know of an incapacitated person in Montgomery County you think is in need of a guardianship, please click HERE for the reporting form. Please complete the form and mail or fax it to the court.
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CRIMINAL CASES
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Is your ward in trouble with law enforcement?
If you are a guardian of a ward who is the subject of a criminal prosecution, there are several things of which you should be aware.
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Please advise County Court at Law Number Two of your ward's arrest.
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If you ward is on medications, it is extremely important that the jail be made aware of and provided with the medications in order to continue administration of the medications. Ask to speak with someone in the jail infirmary in order to make arrangements. If the jail will not dispense the medications as prescribed, please contact Probate Court Number One IMMEDIATELY.
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If your ward cannot afford an attorney Code of Criminal Procedure § 26.041 allows you (the guardian) to request counsel be appointed to represent the ward. You are also allowed to provide any information required by the court to determine the financial need for an attorney. You must present the court with letters of guardianship to do so. IT IS EXTREMELY IMPORTANT that your ward have an attorney quickly. If an attorney is not appointed by the court, hire one.
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The jail must give you access (during normal visiting hours) to your ward, regardless of whether the ward has listed you on the visitation sheet. This law can be found in House Bill 634. If your ward is incarcerated in the penitentiary (as opposed to the local jail), Texas Government Code § 507.030 & Texas Government Code § 501.010 allow for access to your ward (during normal visitation hours) regardless of whether you are on the ward's visitation list.
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Guardians may not be excluded from the court room in legal proceedings where the ward is a party or witness. Texas Estates Code § 1151.005.
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Is someone keeping your ward from you?
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Call the police and let them know that the Texas Penal Code Section 25.10 makes it a felony if a person takes, retains, or conceals a ward when the person knows that the person's taking, retention, or concealment interferes with a possessory right with respect to the ward. If that does not fix the problem, call Probate Court Number One IMMEDIATELY!
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HANDBOOKS
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Court Instructions - Guardianship of the Person
Court Instructions - Guardianship of the Person (Spanish)
Court Instructions - Guardianship of the Estate
Court Instructions - Guardianship of the Estate (Spanish)
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FORMS
PDF for Accountings
PDF Instructions for Accountings
Sample Bank Certification Form
Excel Spreadsheet for Inventory
Annual Report for Guardianship of the Person
Annual Report for Guardianship of the Person (new "fillable" form format)
Expense Log for Use with Annual Report
Physician's Certificate Form
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RESOURCES
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Do you need to file for a guardianship, but are unable to afford an attorney? Click here for help.
Community Resources Guide
Guardianship Information Published by D.A.D.S.
Slums Mini-Mental Exam Form
Ward's Bill of Rights
Ward's Bill of Rights - Spanish
Managing Someone Else's Money Toolbox
Physician's Statement for Texas Identification Card/TDL
Forms for Designation of Successor Guardian:
Successor Guardian of the Person
Successor Guardian of the Estate
Successor Guardian of the Person & Estate