V.  HOW IS A GUARDIANSHIP SUPERVISED?

A.  Annual Reports:  A guardian of the person is
required to file a guardian of the person report each
year concerning the IP’s mental and physical condition
and stating any change of the IP’s or guardian’s
residence.  

A guardian of the estate is required to file an annual
account stating all receipts, disbursements, cash on
hand, and assets being administrated.  Failure to file
either of these reports may lead to fines and/or
removal.

B.  Court Visitor Program: Each statutory probate
court is required to establish a Court Visitor Program.  
As a part of this program a volunteer makes an annual
visit on each IP who is the subject of a guardianship.  

The Court Visitor personally visits the IP and the
guardian and reports his or her findings and
conclusions to the Court concerning the IP’s social and
intellectual functioning as well as living conditions.  If
the Court Visitor recommends an increase or decrease
in the guardian’s powers or removal of the guardian or
guardianship, the Court will appoint a Court
Investigator or Guardian ad litem to investigate, and, if
necessary, to file a petition to modify the guardianship
order or to remove the guardian or guardianship.

C. Annual Determination:  Each Court is required to
make an annual review and determination of whether a
guardianship should be continued, modified or
terminated.  In making this annual determination, the
Court reviews the Court Visitor report and the guardian
of the person report.
Here is some excellent
information on guardianship.  
This is to aid you in the
process and educate you in
your choice of attorney.  It is
not specific legal advice and
will not, by itself, constitute an
attorney / client relationship.  

Special thanks to Judge King
in the first Tarrant County
Probate Court, on whose
material this is largely based.

What is a Guardianship?

When is a Guardianship
necessary?

How is a guardianship
started? And Who Can
serve as Guardian?

How is a Guardianship
Supervised?
Law Office of Eric J. Smith
1008 North Davis
Arlington, Texas 76012
ph: 817-860-2800
fax: 817-860-2801
eric@midcitieslaw.com
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