Check-List for Applicant Attorney

Review Guardianship Assistance Application Packet

  • Review Potential Guardian Worksheet and Social History
  • If Doctor’s letter regarding incapacity is included, check for accuracy and make sure the Psychologist’s Affidavit Supporting Mental Status Exam attached
  • Be sure to get the $10 cash bond from BBGS

Sign the GAAP Attorney Agreement and return it to BBGS, along with a copy of your Guardianship Certification

  • Via email: ; or fax: 281-494-5960

Potential Guardian will contact you to schedule a time to meet. Remind them to bring Dr.’s Letter, with the Psychologist’s Affidavit Supporting Mental Status Exam attached, if it has not been given to you already

Prepare Application for Appointment of Permanent Guardianship of the Person. Reminder: FBLC only handles Guardianship of the Person Applications

Prepare Affidavit of Indigency and IOLTA certificate if BBGS did not provide a Permission Letter to charge the filing fees to an escrow account.

Have potential guardian sign pro bono client agreement

Send copy of signed pro bono client agreement to FBLC

  • Via email: ; or fax: (281) 565-3634

Obtain original Dr.’s Letter with the Psychologist’s Affidavit Supporting Mental Status Exam attached, from potential guardian if you did not receive one from BBGS

Meet with potential guardian; make sure guardian is qualified to serve as guardian

Explain to the proposed guardian his/her power and duties as a guardian

Inform the proposed guardian that guardianship ends only with:

  • The death of either ward or guardian;
  • Resignation of the guardian;
  • Removal of the guardian; or
  • Restoration of the ward to capacity

Inform potential guardian that he/she is responsible for completing all future annual reporting requirements

Have potential guardian notarize the application. The Administrative Assistant at The Arc of Fort Bend County is a notary if one is needed

Determine who needs to receive a Waiver of Notice –attempt first to send by certified mail. Do not use the CountyClerk’s Office to send waivers by certified mail because they charge $69. BBGS will reimburse your cost to send by certified mail if you provide a receipt.

  • send the waivers

File Guardianship Application along with Dr.’s Letter. Be sure to make a copy of the application BEFORE you file at the CountyClerk’s Office because they charge $1 a page for a copy and BBGS nor FBLC will be able to pay this fee.

Complete Motion for Appointment of Attorney Ad Litem with the name of the attorney ad litem found by BBGS

Complete the Order to Appoint the Attorney Ad Litem, but leave the attorney ad litem’s Name blank

  • File the forms with the assigned County Court at Law Probate Auditor

Fax a copy of the filed Guardianship Application to BBGS and to the Attorney ad litem

  • BBGS fax: 281-494-5960
  • Attorney ad litem’s Fax # ______

Contact attorney ad litem and provide all required information.

Attorney Ad Litem will contact you after they’ve met with the proposed ward.

Set hearing date with assigned court and notify BBGS.

  • Via email:
  • Notify the Attorney ad litem
  • Kirk will e-mail you the Letter to the Probate Auditor for you to take to the hearing

Prepare final Order Appointing Permanent Guardian of the Person. The example on FBLC’s website contains language asking the judge to discharge you from your duties as applicant attorney.At your request, the Probate Auditor will review your paperwork and give you feedback. If you desire his/her feedback, you must submit your paperwork to her at least 7 days prior to the hearing.

At the hearing:

  • Include Key Points in testimony at hearing
  • Key Points are available on FBLC website, under Forms
  • Have $10 cash to pay bond at end of hearing
  • Be ready to conduct Oath of Guardian
  • Letter to Probate Auditor (Exhibit 1) and
  • Annual Reminder Letter to Guardian (Exhibit 2)

Notify BBGS of the outcome of the hearing

  • Via email:

Submit your hours and typical billing rate to FBLC.

  • Via email:

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