Tex. R. Judi. Cert. Commi. 10.3

As amended through August 27, 2024

Rule 10.3 - Qualification of Proposed Guardians - Training

(a) A proposed guardian may not be appointed guardian unless:

(1) the proposed guardian completes the training, which is provided on the Commission's website;

(2) the proposed guardian is a certified guardian, attorney, or a corporate fiduciary;

(3) the proposed guardian seeks initial appointment only as a temporary guardian for no longer than 60 days, subject to the restrictions specified in Section 155.204(b)(2) of the Government Code; or

(4) the court waives the training requirement in accordance with Rule 10.4.

(b) The Commission must provide the proposed guardian the web address for the training or, upon request, the written training materials and instruction for completing the training requirement. The proposed guardian must complete the training no later than 10 days before the court's hearing to consider the proposed guardian's appointment.

(c) The Commission must include the following subjects in the training:

(1) the guardian's fiduciary duty to the ward;

(2) the laws relating to the practice of guardians, including actions guardians may take without court approval and actions requiring court approval;

(3) the requirement to file and maintain an adequate bond to protect the ward and the ward's estate;

(4) the content and information to include in inventories, annual accounts, annual reports of the person, final reports of the person, final accounts, and other filings with the court;

(5) the content and information to include in the annual report to the Commission;

(6) alternatives to guardianship;

(7) supports and services available to wards;

(8) restoration;

(9) the ward's bill of rights; and

(10) notification on health and residence to certain qualified relatives requesting information.

(d) Upon completion of the training, each proposed guardian will receive a certificate. The Commission must confirm to the court that a proposed guardian has successfully completed the training requirement by directing the proposed guardian to file the certificate with the court no later than 10 days before the court's hearing to consider the proposed guardian's appointment.

Tex. R. Judi. Cert. Commi. 10.3

Amended effective 4/12/2018 immediately; amended effective 6/1/2018; amended effective 6/16/2020 immediately.