What is the Texas Annual Report Form?
The Texas Guardianship Annual Report Form is a document designed to meet the requirements of Texas Probate Code § 1270.501. Pursuant to the Texas Probate Code, each guardian of a person (guardian of the ward) must file the annual report within nine months after an annual anniversary of their appointment and thereafter each year of the guardian’s appointment during the event they do not end or resign a year prior to filing the annual report. The purpose of the Texas Guardianship Annual Report Form is to require information regarding the condition and welfare of the individual under the guardianship as well as information regarding the financial condition of the estate and any disbursements made to the ward (person under guardianship) . More specifically, this annual report asks for current information regarding the social, physical, medical, and mental condition of the individual; any restrictions placed on the individual or freedom of movement, as well as the home environment, work or day care environment, and the school the school environment. Additionally, the form requires an explanation of funds spent by the guardian in the disbursement form, including compensation of the guardian, compensation paid to others for the care of the ward, as well as specific forms of income received by the estate such as pension, interest and other income.
Who Files the Annual Report and When
The Texas Guardianship Annual Report form ("Annual Report") is a required submission under Texas Law. Specifically, certain persons and/or entities are required to file an Annual Report in Texas. This Annual Report is also referred to as G-3 Report and is controlled by part of the Probate Code. The General Instructions for filing the form provide a reminder to "File the Annual Report 60 days before the due date." For the calendar year, this means the following: Texas law mandates that all guardians must electronically file Annual Reports with the Office of Court Administration. The eFiling system will generate the form for the user, and provide a current list of each ward for the user to choose which Ward’s Report to file. However, in addition to a guardian, certain family members also have a duty to file the Annual Report. Required persons/entities are listed below. The administrator (or personal representative) of an estate owes the same duty as a guardian. However, you must also file the accounting provided to the beneficiary of the trust or to each heir. These filings can take the place of filing the Annual Report as required under the Texas Health and Safety Code. The principal of a trust has no obligation to file anything under Texas law. The burden to file rests with the Texas Trust Company.
How to Complete the Annual Report Form
Section I – This Section is solely to identify the Adult Incapacitated Person. 1. Enter the Adult Incapacitated Person’s full name, including his or her middle name. 2. Enter the Adult Incapacitated Person’s social security number (do not enter any hyphens). 3. Enter the Adult Incapacitated Person’s date of birth (do not enter any hyphens, slashes or other punctuation). 4. Enter the Adult Incapacitated Person’s phone number, if known. 5. Leave this blank, unless the court orders otherwise. 6. Enter the date the Annual Report is due (the anniversary date of the appointment of the guardian for this person). Calculation of annual report date will come down to the initial order granting letters of guardianship. 7. Check box next to any documents that are attached. You must attach the following: a. The roster (i.e. does the AIP have any other guardians named?); and b. Form 0994 (Affidavit Relating to Court Costs), if appropriate. The remaining attachments are strictly optional.
Section II – 1. Enter the name of the guardian (your name if a guardian of the person or estate; the name of the corporation serving as guardian if a guardian of the estate and/or person). 2. Enter the full name of the attorney (if any) representing the guardian(s). 3. Only a few MM/DD/YY spacing spaces to enter your phone number. 4. This date will usually be the same as the due date of the Annual Report above. 5. Check the appropriate box. Check "zero" if the Adult Incapacitated Person has no assets at all. 6. Check this box if the Offense Date is after 9/1/2005. 7. If the Adult Incapacitated Person has more than one criminal offense against them, check off the "more than two" box. Thereafter, attach an additional form 0993 for each offense. 8. If the Adult Incapacitated Person has any undischarged criminal sanctions, check this box. The report should state exactly what the sanction is. 9. If this box is applicable, it generally is only when the Adult Incapacitated Person was psychologically evaluated to determine their competency to be a fiduciary. 10. Check this box if the Adult Incapacitated Person has been transferred to another facility (e.g., released from an assisted living facility and back to his own home). 11. The question contained in this box seems awkwardly worded on its face. But the question asks did the Adult Incapacitated Person ever have a previous guardian and does that guardian remain active. 12. This question only applies to a parent or spouse of the AIP if the parent / spouse was formerly a guardian for the AIP. 13. This section is required only if the Adult Incapacitated Person died during the reporting year. 14. This section is required only if the Adult Incapacitated Person died during the reporting year.
Texas Annual Report Form Main Parts
The Texas Guardianship Annual Report form is a cornerstone tool for guardians in Texas, providing a standard format for reporting on the well-being of the ward and the management of their estate. This section will outline some of the key components of the annual report, including the ward’s physical, mental, and social conditions, and the management of the ward’s financial affairs.
Physical and Mental Condition
The annual report must include a thorough description of the ward’s physical and mental condition. This should include details about the ward’s mobility, capacity for self-care, and any significant changes in their health or mental state since the last report. This section should also address any medical and psychological treatment the ward may be receiving, as well as the name and qualifications of the ward’s primary medical providers.
Personal and Estate Management
The report includes a section on the management of the ward’s personal and estate responsibilities . This part requires the guardian to disclose how they are spending the ward’s income and assets, including any real estate or valuable personal property, and to provide a detailed statement of receipts and disbursements. It will also outline any investments the guardian has made on behalf of the ward and whether the guardian has engaged any professionals to assist, and if so, the level of that assistance.
Any Changes in the Status of the Guardianship
A third important section of the annual report addresses any changes in the status of the guardianship. This includes changes in the residence of the ward, changes in the guardian’s contact information, and any changes in the capacity of the guardian to fulfill their duties. The annual report must also note if the guardian has filed for or been granted the removal, replacement, or discharge of the guardian. Any other changes, such as a change in the service providers or caretakers for the ward, must also be disclosed.
The Texas Guardianship Annual Report form is a critical aspect of the guardianship regime in Texas, ensuring that the court has the information necessary to oversee the actions of the guardian and the care of the ward.
Texas Deadlines and Filing Instructions for Guardianship Annual Report
A Texas Guardianship Annual Report Form is required to be filed "at least annually" in every Guardianship case. However, the periodic review and reporting requirements vary by the level of judicial review. Texas Estates Code § 1104.001[3]. Most counties in Texas require these annuals reports to be filed on or before the anniversary month that the guardianship was granted. Section 655.051 of the Health & Safety Code requires that certain service providers in a guardianship case, whether paid for by the Ward’s estate, must file an annual report at least 5 days before the anniversary date of the Guardianship.
The Texas Guardianship Annual Report Form must be filed electronically with the Court. The reporting guardian may file the Texas Guardianship Annual Report Form through the Court’s electronic filing system. Courts may require the guardian deliver "one copy of the report to the Office of Public Guardian." Health & Safety Code Sec. 1601.255. Each Annual Report Form must be filed with the Court as a separate document not combined with other e-filed documents. The Guardian of the Estate must file an Annual Report Form with supporting documentation. The official list of required documents needed for a Guardian of the Estate’s Annual Report is available from the Texas Judicial Council. The list of required documents is also included in Section 1107.254 of the Estates Code. The list of required documents needed for a Guardian of the Person’s Annual Report is in Section 1107.151 of the Estates Code. The deadline to file a Guardian of the Estate’s Annual Report starts on the first day of the month of anniversary of the issuance of Letters of Guardianship. The same process and deadlines apply to a Guardian of the Person’s Annual Report. The same reporting requirements apply to a Guardian of the Ward’s Estate for an Annual Report as for a Guardian of the Ward’s Person.
Commonly Asked Questions
Frequently Asked Questions – Texas Guardianship Annual Report Form
Q: Who files the Annual Report?
A: The Guardian of the Ward, or if there is more than one, the Guardian of the Person. The Guardian of the Estate is only responsible for filing the Annual Account.
Q: Our Ward was married last year and our Annual Report is due in their name. That seems odd.
A: Your Ward continues to use the same name he/she used before the marriage. Your Ward’s marital status does not change your filing obligations.
Q: Is the term "guardian" used consistently on the form?
A: No, and we have asked the Office of Court Administration to harmonize the term "guardian" with the definition in the Estates Code. When not addressing the person’s circumstances directly, the form may refer to the "guardian" of the person, rather than the "guardian of the person."
Q: We only provide the Ward medical and medication management. Does that require us to hire a separate bookkeeper to prepare the Annual Report Accounting?
A: No. A separate bookkeeper is unnecessary. A new Texas Probate Gazette article explains how the Guardian of the Estate can file an accounting without relying on a bookkeeper .
Q: My spouse will be my Ward’s guardian (if necessary). Does my spouse need to be represented by a lawyer?
A: Yes, the spouse must be represented by a lawyer unless unexcused by the Court.
Q: In filling out the Annual Report, I accidentally crossed out a statement and then checked the opposite box. I thought I fixed the problem but the clerks rejected it. Was that right?
A: The clerks were right to reject the form because they are unable to determine what the Guardian wants to report without witness and signature lines. Your form must include the appropriate signatures by the Guardian and the witness, or the clerks will reject the form.
Q: My annual report filing was rejected three weeks ago because my Witness Signature line was not initialed. Since then I’ve uploaded a corrected version through e-filing. When can I expect it to be approved?
A: It should be approved within a few days. If your original form was timely filed, DO NOT REFILE the corrected report as a new filing. It is so easy for a filing clerk to mistakenly declare the form untimely when that happens. Don’t take the risk.