Annual Account – A report made to the court by a guardian of the estate covering a specific period of time related to the activity pertinent to the estate.
Annual Report – Every year until the guardianship is terminated, the guardian must file an Annual Report that describes what has happened to the ward, their income, and assets in the past 12 months.
Applicant – An individual seeking guardianship over an alleged incapacitated person.
Attorney Ad Litem – A lawyer appointed by the court to represent the proposed ward during the guardianship proceedings.
Bond – A cash payment or pledge of property that guarantees that a conservator or guardian will fulfill his or her duties.
Capacity – The legal qualification, competency, or health. The ability to understand the nature of one’s actions.
Certificate of Medical Examination (CME) – A document prepared by a physician licensed to practice in Texas who examines a person and assesses his or her mental capacity and capabilities.
Elderly – A person 60 years of age or older.
Estate – Both real and personal, tangible and intangible, and includes anything subject to ownership.
Guardian - A person who the court appoints to protect the rights of and manage the affairs of an incapacitated person or minor. There are guardians with different powers, including a full guardian, partial or limited guardian, and temporary guardian.
Guardian Ad Litem – A person who is appointed by the court on behalf of the ward’s best interest during the guardianship proceedings.
Guardianship of the Estate – The appointment of a guardian that is responsible for the financial well-being of the ward and handling of the ward’s assets.
Guardian of the Person – A guardian who is responsible for and advocates for the health, well-being, and personal needs of a ward.
Guardianship Order - The court’s order that names the guardian(s) of an incapacitated person. It includes specific findings that support each grant of authority to the guardian. These authorities can include medical care, mental health treatment, housing, finances, education or vocational training.
Incapacitated Person – An adult who, because of physical or mental conditioning, is substantially unable to feed, clothe, or shelter themselves, to care for their physical health, or to manage their financial affairs.
Letters of Guardianship – A certificate issued by the clerk of the court to a guardian after appointment and qualification by the guardian that states facts of appointment, qualification, and the date the letters of guardianship expire. The purpose is to show that the guardian has the power to act on behalf of the person or estate as granted by the court.
Oath – A sworn, written statement made by the guardian in which he or she swears to fulfill their obligations.
Personal Surety Bond – A bond executed by a guardian and two persons (sureties) willing to vouch for the guardian that allows the court to seek restitution from the guardian or sureties if the guardian does not perform his or her duties.
Proposed Ward – A person alleged to be incapacitated in a guardianship proceeding.
Service – The formal delivery of legal documents.
Ward - An incapacitated person who has been placed in the care, custody, and supervision of a guardian.