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My client is a guardian of the person and estate of a ward but is too elderly to continue his responsibilities, the wards sister is willing to become the guardian, can she just take over?

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My client is a guardian of the person and estate of a ward but is too elderly to continue his responsibilities, the wards sister is willing to become the guardian, can she just take over?

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No, she must be appointed as successor guardian. The current guardian needs to resign and the successor guardian should simultaneously file an application (see Section 695 of the Texas Probate code). The current quardian will still need to complete a final report on the wards person and a final account of the wards estate so that he/she can be discharged from his responsibility as guardian.

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