Rule 10.2 - Information Submission - Proposed Guardians(a) Each guardianship must be registered with the Commission. The clerk of a court with probate jurisdiction must provide written notice of the guardianship registration requirement to each person who applies for or seeks appointment as a guardian and to each attorney who files an application to create a guardianship or seeks to represent a proposed guardian. After an application for appointment of a guardian is filed with a court, the proposed guardian, or an attorney on behalf of the proposed guardian, must submit the following information to the Commission online through the Commission's website: (1) the name, and all former names, of the proposed guardian;(2) the proposed guardian's physical address and mailing address if different, telephone number, email address, and other contact information;(3) the proposed guardian's attorney's physical address and mailing address if different, telephone number, email address, and other contact information;(4) the name, sex, and date of birth of the proposed ward;(5) whether the proposed guardianship is of the person, the estate, or both;(6) whether the proposed guardianship is based upon incapacity or minority of the proposed ward;(7) the estimated value of the liquid assets of the proposed ward's estate;(8) the name of the court with jurisdiction over the guardianship proceeding; and(9) whether the proposed guardian is a certified guardian, attorney, or a corporate fiduciary.(b) The Commission must notify the court and the proposed guardian of receipt of the information required by paragraph (a). The Commission may request clarification, correction, or completion of the information.(c) The Commission and the clerk of the court with probate jurisdiction must provide written notice and direction to the proposed guardian to instruct the proposed guardian on completing the training and criminal history background check required by Sections 155.204 and 155.205 of the Government Code. (d) Submission of information under (a) does not constitute registration of the guardianship. A guardianship is not registered with the Commission until the Commission receives notice from the clerk of the court that the proposed guardian has been appointed by the court and the date of qualification in accordance with Section 1105.002 of the Estates Code.Tex. R. Judi. Cert. Commi. 10.2
Amended effective 4/12/2018; amended effective 6/1/2018; amended effective 11/17/2023.