NEW AS OF 9/1/2021 : ALL attorneys (even those only contesting guardianship) must have certification training within 14 days of appearance and before filing of any motions. Training link is HERE.
The Court hosts a Facebook Guardianship Page for guardians, ad litems, wards and guardian ad litems to come together and exchange information. The site is private and only those persons listed above will be allowed access. The site may be found at: (5) Montgomery County Guardianship Group | Facebook
Registration of Guardianships, effective June 1, 2018 Senate Bill 1096, passed during the 85th Legislature, Regular Session, and will affect the appointment of guardians. Any person(s) or entity applying for appointment as guardian must complete the following at least 10 days before the hearing on the application:
- SUBMIT REGISTRATION INFORMATION TO JUDICIAL BRANCH CERTIFICATION COMMISSION (JBCC): Prior to being appointed guardian, the proposed guardian must submit registration information online with the JBCC at: CLICK HERE.
- If the proposed guardian is not an attorney, certified guardian or corporate fiduciary, the proposed guardian must also complete GUARDIANSHIP TRAINING 10 days before the hearing on the application.
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.
Please advise County Court at Law Number Two of your ward's arrest.
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.
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.
- 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.
- NEW AS OF 9/1/2021: Guardians may not be excluded from the court room in legal proceedings where the ward is a party or witness. Texas Estates Code § 1151.005.
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!
Court Instructions - Guardianship of the Person (Spanish)
Court Instructions - Guardianship of the Estate
Court Instructions - Guardianship of the Estate (Spanish)