How is a guardianship petition filed?
In Texas, a guardianship petition is filed by completing and filing a petition with the court. The petition includes information about the proposed ward, the proposed guardian, and the reasons for the guardianship. The petition must be accompanied by a doctor’s evaluation of the proposed ward’s mental and physical health and a medical report indicating the ward’s ability to manage his or her own affairs. The petition also includes information about the proposed guardian’s qualifications and eligibility to serve as guardian. Once the petition is filed, the court will schedule a hearing, which will be open to the public. During the hearing, the court will hear from the proposed guardian, the proposed ward, any interested parties or witnesses, and the court’s own representatives. This is the opportunity for the proposed guardian to present their case for why the guardianship should be granted. At the conclusion of the hearing, the court will issue its decision, either granting or denying the petition. If the petition is granted, a guardian will be appointed to manage the ward’s affairs and care for them. If the petition is denied, the court will provide the reasons for its decision and may also provide further guidance for the future.
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