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County Court at Law 2

GUARDIANSHIP PROCEEDINGS
 
 NEW as of 9-21/17:  Guardian training required as of 9/1/17 by statute is waived, as no training has been made avaiilable by the state.  Please see standing order.

A $400.00 fee will be charged upon filing a guardianship proceeding to cover all or some portion of the ad litem fees.  A separate check will be required by the County Clerk to cover this fee.  Ad litems may petition the Court to remove the funds from the registry as payment for services rendered.  Please click here for more information. 


If you know of an incapacitated person in Montgomery County you think is in need of a guardianship, please click HERE for the reporting form.  Please complete the form and mail or fax it to the court.

Is your ward in trouble with law enforcement? 

If you are a guardian of a ward who is the subject of a criminal prosecution, there are several things of which you should be aware.

  1. You are under court order to advise County Court at Law Number Two of your ward's arrest. 
  2. If you ward is on medications, it is extremely important that the jail be made aware of and provided with the medications in order to continue administration of the medications.  Ask to speak with someone in the jail infirmary in order to make arrangements.  If the jail will not dispense the medications as prescribed, please contact County Court at Law Number Two IMMEDIATELY.
  3. If your ward cannot afford an attorney Code of Criminal Procedure § 26.041 allows you (the guardian) to request counsel be appointed to represent the ward.  You are also allowed to provide any information required by the court to determine the financial need for an attorney.  You must present the court with letters of guardianship to do so.  IT IS EXTREMELY IMPORTANT that your ward have an attorney quickly.  If an attorney is not appointed by the court, hire one.
  4. The jail must give you access (during normal visiting hours) to your ward, regardless of whether the ward has listed you on the visitation sheet.  This law can be found in the Texas Government Code § 503.030.  If your ward is incarcerated in the penitentiary (as opposed to the local jail), Texas Government Code § 501.010 allows for access to your ward (during normal visitation hours) regardless of whether you are on the ward's visitation list.

Is someone keeping your ward from you?  

Call the police and let them know that the Texas Penal Code Section 25.10 makes it a felony if a person takes, retains, or conceals a ward when the person knows that the person's taking, retention, or concealment interferes with a possessory right with respect to the ward.  If that does not fix the problem, call County Court at Law Number Two IMMEDIATELY!

HANDBOOKS:

 
 
FORMS:
 

Cash Bond Form Instructions: 

1.  Click here to obtain form;

2.  Complete form; and

3.  File form and make cash deposit with the County Clerk of Montgomery County.

Sample Annual Account Form
Sample Bank Certification Form 
Sample Annual Report Form
Physician's Certificate Form

OTHER INFORMATION:
 

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