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Within 30 days of appointment, the guardian must file a sworn Inventory, appraisement and list of claims due the estate of the protected person. The Inventory should contain a list of all real estate, personal property, bank accounts, securities, and all other valuable assets belonging to the protected person that the guardian has been able to discover using reasonable efforts. The appraisement should state the estimated fair market value of the protected person’s property identified in the Inventory.
Every year, within 60 days of the anniversary of the date of qualification, the guardian must file an Annual Account in the form prescribed by the Court. To prepare for the Annual Account, the guardian should maintain an accurate record of all expenditures and receipts of guardianship funds.
A systematic record-keeping system should be used to keep track of money used to pay bills, debts, and other expenses. The use of the Manage Accounts function is recommended for efficiency and clearer lines of accountability.
In the event the protected person dies, the guardianship is no longer necessary, or a successor is appointed, the guardian must file a Final Account for transactions up to the end of the guardianship period, as well as any funds used for the protected person’s final expenses.
Once completed, the Inventory and Annual Account must be filed with the court along with supporting documents.
The guardian must assist maintain accurate and complete financial records ensuring that all dealings undertaken on behalf of the protected person are properly completed. The guardian must also manage the property of the protected person as a prudent person would manage one’s own property.
Failure to file an Inventory or Annual Account may result in the revocation of a guardian’s of letters of guardianship, assessment of a fine, or both. Criminal prosecution is also a possibility in cases of theft, exploitation, and neglect.
Every year, within 60 days of the anniversary of the date of qualification, the guardian must file an Annual Report concerning the protected person’s mental and physical condition, social and intellectual functioning, and living conditions. The Annual Report must also report any receipts and disbursements for support, care and education of the protected person, and when authorized, support and care of the protected person’s dependents. The Annual Report also serves as another means to report any change of the protected person’s or guardian’s residence if that information has not already been reported to the court.
The protected person’s Bill of Rights is required to be explained to the protected person annually.
In the event the protected person dies, the guardianship is no longer necessary, or a successor guardian is appointed, the guardian must file a Final Guardian of the Person Report. The Final Report must be filed within 60 days of the protected person’s death.
Once completed, the Annual Report or Final Report must be filed with court along with supporting documents.
The guardian must promote, monitor, and maintain the protected person’s health and well-being as well as ensure that all reasonably available medical care necessary for the protected person is provided. The guardian must assist the protected person in maintaining or reestablishing relationships with family and friends.
Failure to file an Annual Report may result in the revocation of a guardian’s letters of guardianship, assessment of a fine, or both. Criminal prosecution is also a possibility in cases of theft, exploitation, and neglect.
Use the Manage Accounts function to keep track of money used to pay bills, debts, and other expenses on a regular basis. This function may be accessed throughout the year to record all transactions and assist in completing the Annual Account. Make entries regarding all income and receipts as well as all expenses to complete the Annual Account at the end of the review period.
The Texas Guardianship Online Reporting System is an online tool available to guardians for use in creating state-mandated reports that the guardian may then file with the court.
| Reports/ Documents | Required by which type of Guardian |
|---|---|
| Annual Report | Guardian of the Person |
| Representative Payee Report (if needed) | Guardian of the Person |
| Income & Expenses Worksheet (if needed) | Guardian of the Person |
| Final Report | Guardian of the Person |
| Inventory | Guardian of the Estate |
| Annual Account | Guardian of the Estate |
| Final Account | Guardian of the Estate |
The Texas Guardianship Online Reporting System makes it easy for guardians to prepare required Annual Reports, Annual Accounts, and Inventories by following a step-by-step question-based guide. Once completed, the documents are available for printing or may be saved for electronic filing with the court in the corresponding county.
Additionally, the reporting system allows guardians of the estate to manage the protected person’s income and expenses by individual transaction throughout the year in order to facilitate the completion of an Annual Account.
Once a guardian is appointed and qualifies as guardian, he/she need only access the Texas Guardianship Online Reporting System and create a profile by selecting a username and password.
Every guardian that accesses the reporting system must also ensure they register their guardianship with the JBCC. If you have not registered, please visit : http://www.txcourts.gov/jbcc/register-a-guardianship/ to register your guardianship and access the state-mandated guardianship training if you have not done so already.
You will need your letter of guardianship as well as your contact information and the protected person’s information to start.
Yes. The reporting system allows users to list each individual protected person within the guardian’s profile and create reports for each.
No. At this time you are not required to use the system, but it is available to assist you in creating your reports.
No. While the system is available to all guardians in the state free of charge, individual courts will continue to charge their customary filing fees, as before.
Yes. The reporting system allows guardians to create reports for multiple years in the event the guardian is out of compliance for previous years. The user will be guided to provide the intended submittal year.
Yes. While it is encouraged that each guardian create a profile in the reporting system, it is possible to create a declaration section at the end of each report that allows for the co-guardian’s signature.
Email: guardianreporting@txcourts.gov
Phone: (254) 229-0135
Yes. The online reporting system is a responsive application. It can be used on various devices, including mobile, tablets, and desktop.
Annual Account: A report made yearly to a court by a guardian of the estate containing a complete detail of all actions taken and occurring on all property and assets owned by a protected person.
Annual Report: A report made yearly to a court by a guardian of the person containing information as to the condition and well-being of a protected person.
Applicant: The interested party that files an application for guardianship (family member, friend, Guardian Ad Litem, etc.).
Application: A family member, friend or interested party (the “applicant”) files an Application for Appointment of Permanent Guardian. The application is usually filed in the county where the proposed protected person resides.
Attorney Ad Litem: An attorney appointed by a court to represent and advocate on behalf of a proposed protected person or an incapacitated person in a guardianship proceeding.
Bond: An insurance policy or deposit of money required by a court in an amount set by a judge intended to protect the assets of the estate.
Claim: (1) A liability against the estate of an incapacitated person or (2) a debt due to the estate of an incapacitated person.
Co-guardian: A person appointed by a probate court jointly responsible for protecting the property and/or person of one who does not have the capacity to protect their own interests. Usually married but not required to be if previously appointed joint managing conservator.
Court Visitor: A person, often a volunteer, appointed by the court to visit and evaluate the protected person or proposed protected person and provide to the court a written report detailing the protected person’s present condition.
Dismissal: The termination of a legal action for failure of parties to appear for a hearing or trial or failing to take certain specified actions of which the party had notice.
E-file: The electronic process by which court documents are filed with the clerk’s office in a specific jurisdiction that involves uploading documents into the Efile Texas system.
Estate: A protected person’s income, assets, real estate, or any other financial holdings.
Estates Code: The law containing guardianship provisions.
Final Accounting: An account required to be filed with the court after a guardianship of estate is required to be settled that usually does not encompass a full review period.
Final Report: A report required to be filed with the court no later than 60 days after a guardianship is required to be settled that usually does not encompass a full review period.
Guardian: Person appointed by a court responsible for protecting and making provision for a protected person together with protecting and managing their property and interests.
Guardian Ad Litem: A person appointed by a court to represent the best interests of an protected person/ward in a guardianship proceeding.
Guardian of the Estate: A guardian who possesses powers, rights, and responsibilities with regard to the property of a protected person.
Guardian of the Person: A guardian who possesses rights and responsibilities for a protected person and advocates for their health, well-being, and personal needs.
Guardianship: A court-supervised procedure where one person is given the legal authority to make personal or financial decisions for an individual who can no longer make such decisions for himself or herself.
Guardianship Registration: Guardians are required to register their guardianship with the JBCC upon filing their application for guardianship with the court per GOVT Code 155.151 & JBCC Rule 10.2.
Letter of Guardianship: A certificate issued by the clerk of court to a guardian, only after appointment and qualification, used to facilitate and corroborate the guardian’s legal rights over the protected person. Limited Guardianship- A guardianship in which the guardian has only those specific powers granted by the order appointing the guardian.
Non-Suit: The termination of a legal action without actual determination of the controversy on the merits.
Oath: A sworn written statement made by the guardian to discharge faithfully their duties of guardian.
Personal Property: Refers to all movable property belonging to a protected person.
Protected Person/Ward: Also referred to as Incapacitated person and Person with a guardian.
Qualification Date: The date a guardian is considered to have qualified to serve as guardian. It is determined by the later of the dates in which the guardian files the oath with the clerk or the date the bond is approved by the judge. In instances where the bond is waived, the qualification date is the date the oath is filed with the clerk.
Real Property: Refers to fixed property belonging to a protected person. Primarily land and buildings.
Review Period: The timeframe an Annual Account or Annual Report encompasses- usually a year. It is determined by the annual anniversary of the date of qualification of the guardian.
Safekeeping Account: An account in which the estate deposits estate cash in a financial institution to be held under the agreement that the financial institution will not allow withdrawal or transfer except by order of the court.
Social Security Representative Payee: Person designated by the Social Security Administration to receive Social Security Disability or Social Security Income benefits for anyone who is unable to manage their own benefits.
Successor Guardian: Guardian appointed after the original guardian, often appointed after removal, resignation, or upon death of the original guardian.
VA Fiduciary: An individual or entity appointed by the VA to receive VA funds on behalf of the beneficiary for the use and benefit of the beneficiary and his/her dependents.
We are here to answer any questions
Main: (254) 229-0135
Monday - Friday, 8:00am - 5:00pm CST
guardianreporting@txcourts.gov
Office of Court Administration
204 West 14th Street
Austin, TX 78701