Guardian's Information Page

A guardian has several rights at his or her disposal to help the guardian care for the ward.  The guardian also has certain duties that must be fulfilled in order to care for the ward and his or her property, and to keep the Probate Court appraised of the status of the ward and the estate.

Guardian of the Person

In general, as guardian of the person, you have the right to physical possession of the ward.  This means that you have the right to establish the ward’s domicile.  With these rights also come the duties of caring for and protecting the ward, and the duty to provide the ward with food, clothing, shelter and healthcare.  The guardian also has the power to consent to medical treatment,  surgical treatment, and out-patient psychiatric treatment.

Provide Shelter.

The guardian must make appropriate living arrangements for the ward.  To the extent possible, a guardian should discuss any proposed living arrangements with the ward.  The guardian may place the ward in a skilled healthcare facility.  This option, however, should only be upon the suggestion of the ward's doctor.  If such a facility is required, the guardian should place the ward in a facility that is appropriate for the ward's needs.  If the ward is placed in a healthcare facility, the guardian is not relieved from the responsibility of caring for the ward. The guardian must continue to supervise the ward's living conditions and must stay in contact with both the ward and the ward's healthcare providers.

File Annual Reports

In order to keep the Probate Court appraised of the status of the ward, the guardian must submit an Annual Report on the status and welfare of the ward to the Probate Court. This report is merely a check to ensure that a guardianship is still required and that the guardian is adequately performing his or her duties. This report is quite simple to complete.

Below please find Court-published Annual Reports.

Dallas County Probate Court Annual Report

Dallas County Probate Court No. Two Annual Report

Dallas County Probate Court No. Three Annual Report

Denton County Probate Court Annual Report

Seek out Governmental Services

The guardian should also seek out governmental services that are available for the Ward's benefit.  For Ward's that are mentally retarded, the first place to start is Dallas Metrocare Services.  Dallas Metrocare Services is a community mental health and mental retardation center serving the residents of Dallas County.  Its mission is to provide quality services, treatments and assistance to people who live with the challenges of mental retardation. 

Dallas Metrocare Services
Eligibility Determination Unit
1353 N. Westmoreland, Cottage 4
Dallas, Texas  75211
214.333.7000
214.333.7073 (Fax)
www.dallasmetrocare.com

A brief description of mental retardation services and supports provided by the Department of Aging and Disability Services (DADS) through Dallas Metrocare Services can be downloaded below:

Description of mental retardation services and supports
provided through Dallas Metrocare Services

Guardian of the Estate

Enormous responsibilities come with being a guardian of the estate.  This is because as guardian, you have a "fiduciary duty" to manage the ward’s estate just as a prudent person would manage his or her own estate.  In effect, you have to treat the ward's property better than you would treat your own.  Accordingly, serving as guardian of the estate is far more complicated than serving as guardian of the person. 

As guardian of the estate, you must take possession and control of all property belonging to the ward.  You must also collect any debts that are due to the ward, as well as bring (or defend suits) for the benefit of the ward.  If the ward has any property, the guardian of the estate must insure the ward’s property.  Finally, the guardian must arrange for the payment of the ward’s taxes and pay any necessary bond premiums from the assets of the estate.

Example Guardian of the Estate Checklist.

The remainder of this letter is comprised of a possible checklist of a guardian of the estate's required duties.  The estate of every ward is unique.  Therefore, the reader should remember that this checklist is just an example. 

Taken as a whole, the list may seem daunting.  However, if approached one step at a time, serving as a guardian of the estate is completely manageable.  Furthermore, once the checklist is completed, the care and management of the ward becomes almost routine. 

Please remember, that virtually all of the guardian's actions must be approved by the Court prior to taking any action.  Therefore, please contact your attorney before spending any estate money or disposing of any estate property.

Immediately After Appointment.

□               Gather and preserve all of the ward's assets as soon as possible.  The guardian should establish sole control over all of the ward’s assets in order to prevent theft or conversion by a third party.  Suggested actions include:

□               Changing locks;

□               Notifying alarm companies;

□               Redirecting the ward's mail to the guardian's home address or post office box;

□               Thoroughly searching the ward’s home and safe deposit box to locate the ward's personal and financial documents.  Be sure to locate the ward’s tax return and checkbook.  If a third party is in control of such documents, the guardian should request that the original records be delivered to the guardian. 

□               Contacting financial institutions that may be in control of the ward's assets.  These include banks, trust companies, brokerage firms, etc., of the guardian’s appointment and requesting that they secure the accounts until the guardian can arrange to collect the assets.

□               Verify insurance coverage for the ward’s assets.

□               Once the guardian has obtained control over the ward's assets, the guardian should establish an interest-bearing checking account with a reputable financial institution and consolidate the ward’s cash and similar assets.  The financial institution should be FDIC insured.  Securities should be deposited with a reputable bank or brokerage firm.  The new accounts should be styled to reflect that a guardianship is in place: “[Guardian's Name], Guardian of the Estate of [Ward's Name], an Incapacitated Person.”

Within 30 Days of Appointment.

□               File an Inventory, Appraisement and List of Claims with the Probate Court.  The Inventory is list all of the property of the estate, as well as all claims that are due and owing to the estate.  Your attorney should help you with this.

□              Publish a Notice to Creditors in the newspaper.  The Notice generally states that all persons having claims against the estate are required to present the claims within the time prescribed by law.  Your attorney should help you with this.

□              Prepare a Budget listing the estimated costs of the ward’s education and support, including property maintenance. 

□               If not provided for in the Order Appointing Guardian, file an Application for Approval of Estimated Monthly Expenses and for Authority to Expend Funds.  This Application asks the Probate Court to authorize a monthly allowance based upon the Budget.  Your attorney should help you with this.

Within 120 Days of Appointment.

□               Notify secured and unsecured creditors of the estate of the appointment of a guardian.  Secured creditors include creditors having a claim against the estate that is secured by a lien, deed of trust, or mortgage against property belonging to the ward.  Unsecured creditors include any person or business having a claim against the estate that is not secured by the ward’s property.  The notice to an unsecured creditor must expressly state that the unsecured creditor must present a claim within 120 days of receipt or the claim is barred.  Your attorney may help you with this.

Within 180 Days of Appointment.

□              File an Application to Establish an Investment and Retention Plan for the estate.  This Plan will allow the guardian to implement an investment plan for estate assets, make investments, and/or purchase a insurance policies or annuity contract.  Finally, the plan allows the guardian to abandon property that is worthless or burdensome.

□               Invest guardianship funds on hand beyond those that are necessary to support the ward in accordance with the Investment Plan.  A guardian may invest in treasury bills and bonds, certificates of deposits, and municipal bonds without prior court approval.  These investments are considered a safe harbor for a guardian and a guardian will have met the investment standard by utilizing these specific investments.

Within 1 Year of Appointment.

□               File an Annual Account with the Probate Court to report to the Court what happened to every penny of the Ward's assets over the past year.  This is a complex document and should be accomplished by an attorney familiar with the Court's requirements.

Guardianship is a very powerful tool that will help a guardian care for the ward.  Any person contemplating being named as guardian of the estate should seriously consider whether they are up to the task of completing the above tasks.  If so, The Duran Firm would be proud to assist you in taking care of your incapacitated loved one.

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Disclaimer: This website is designed for general information only.
The information presented should not be considered or construed to be legal advice.
Moreover, this site does not create an attorney-client relationship.
The attorney responsible for this site is Michael A. Duran, a Dallas Probate Attorney.
The Duran Firm's principal office is located in Dallas, Texas.