Rule 10.7 - Registration of Pending and Pre-existing Guardianships(a) A court that has probate jurisdiction must provide written notice of registration requirements to a proposed guardian who may be appointed after June 1, 2018 pursuant to a guardianship application filed before June 1, 2018. The proposed guardian must fulfill the training requirement in accordance with Rule 10.3, unless waived under Rule 10.4, and must undergo a criminal history record background check in accordance with Rule 10.5. The proposed guardian must complete the training and the Commission or clerk, as applicable, must conduct and provide a copy of the criminal history background check no later than 10 days before the hearing to appoint the proposed guardian.(b) A court that has probate jurisdiction must provide to each guardian who was appointed by that court before June 1, 2018 written notice of the requirement to register the guardianship with the Commission. Each person who qualified as a guardian, in accordance with Section 1105.002 of the Estates Code, before June l, 2018 must register with the Commission by submitting online the information listed in Rule 10.2(a) and by providing the guardian's qualification date no later than the date the next annual report or annual accounting is due to the court. For purposes of registering a Texas guardianship that existed before June 1, 2018, a guardian need not complete the training in accordance with Rule 10.3 or undergo a criminal history background check in accordance with Rule 10.5, unless ordered to do so by the court. (c) For purposes of registering an out-of-state guardianship that existed before June 1, 2018, the proposed guardian must complete the training in accordance with Rule 10.3 and undergo a criminal history background check in accordance with Rule 10.5(b)(2). The proposed guardian must complete the criminal history background check in sufficient time for the Commission to provide a copy of it to the court no later than 10 days before the hearing to appoint the proposed guardian.Tex. R. Judi. Cert. Commi. 10.7
Amended effective 4/12/2018; amended effective 6/1/2018; amended effective 6/16/2020; amended effective 11/17/2023.