GUARDIANSHIP

ABUSE, NEGLECT OR EXPLOITATION

If you suspect that an adult is being ABUSED, NEGLECTED OR EXPLOITED, please contact Adult Protective Services at 1-800-252-5400 or visit the DFPS Report Abuse website.

If you have complaints about a facility, contact the Texas Department of Aging and Disability Services at 1-800-458-9858.

If you have questions or concerns about patients' rights in a long-term care facility, please contact the Office of the Long-term Care Ombudsman at 1-800-252-2412.

WHAT IS GUARDIANSHIP? 

Guardianship is a legal proceeding whereby a person may be appointed to make medical, placement and/or financial decisions for an incapacitated person.  Here are some pamplets to further explain how guardianships work.  You may also get at information at the following:

Guardianship Compliance Project

Texas Attorney General

Texas Health and Human Services

Guardianship Flow Chart

REPRESENTING YOURSELF 

Pro se Policy

LESS RESTRICTIVE ALTERNATIVES TO GUARDIANSHIP

The Court and attorneys are required by law to see if alternatives to guardianship exist.  Here is a list of some alternatives to guardianship.

INITIATION OF GUARDIANSHIP

A guardianship can be initiated in one of three ways:

1. An application filed by an attorney;
2. An application filed by a Court Investigator (generally reserved for incapacitated individuals who are indigent); or,
3. An application filed by an attorney who has been appointed by the Court (a Guardian Ad Litem)

COURT INITIATED INVESTIGATIONS - ASKING THE COURT TO INVESTIGATE THE NEED FOR A GUARDIAN 

Section 1102.001 of the Texas Estates Code provides:

"If a court has probable cause to believe that a person domiciled or found in the county in which the court is located is an incapacitated person, and the person does not have a guardian in this state, the court shall appoint a guardian ad litem or court investigator to investigate the person’s conditions and circumstances to determine whether: 1) the person is an incapacitated person; and 2) a guardianship is necessary."

Less restrictive alternatives to guardianship should be explored prior to asking the court to initiate an investigation.   If you still have a concern about an individual who may need a guardian, you can follow the procedures below and the court will determine whether it has probable cause to initiate an investigation:

1. Complete an information letter.   The Court must receive a fully completed information letter on the attached form from a concerned party who may be a relative or friend of the proposed incapacitated person or an agency or institution such as Adult Protective Services, a hospital, a nursing home etc. 
2. Have a physician complete a certificate.  With the Information Letter, the Court must also receive the attached Physician’s Certificate which must be fully completed and must be signed by a physician (M.D. or D.O.) licensed to practice medicine in Texas. The Physician’s Certificate must be dated within 3 months of the information letter and based upon an examination conducted within 3 months of the information letter. 
3. If the basis of a person's incapacity is an intellectual or developmental disability then the law requires that a physician or psychologist conduct an examination according to the rules adopted by the Texas Department of Mental Health and Mental Retardation and shall submit written findings and recommendations to the Court. This report is commonly referred to as a Determination of Intellectual and Developmental Disability or "DIDD," and it must be based upon an examination conducted within the last 24 months. Please contact your physician for assistance in obtaining this Determination of Intellectual and Developmental Disability, or, you may contact Brazos Valley Mental Health and Mental Retardation at 979-822-6467.
4. You can fax the completed forms to 936-873-4469, email to ccl@grimescountytexas.gov  or mail the completed forms to:

Grimes County Court at Law

P.O. Box 570

Anderson, Texas 77830

 Once the Information Letter and Physician’s Certificate or DIDD are received by the Court, the Court Investigator or Guardian Ad Litem will be appointed to cases in which the proposed ward does not have sufficient assets to pay for a guardianship action. 

DUTIES OF COURT INVESTIGATOR/GUARDIAN AD LITEM: The duties of a Court Investigator/Guardian Ad Litem upon such appointments are as follows:

• personally interview the Proposed Ward ("PW");
• interview the party who filed the letter concerning PW and relatives of PW;
• consider less restrictive alternatives to guardianship;
• consider the necessity for a temporary guardianship in cases where PW is in imminent danger;
• file an application for guardianship, if necessary;
• file a report with Court if no application is filed;
• locate a person or agency to serve as guardian;
• notify family members as required by TEC 1051.101, if an application is filed;
• visit with attorney ad litem concerning application;
• ensure that PW is properly served and that citation time has run prior to hearing;
• set date for hearing 
• prepare Order Appointing Guardian, Oath & Bond;
• attend hearing on application;
• assist guardian in obtaining bond and letters; and
• represent the best interest of PW.

UPON FILING OF APPLICATION. When an application for guardianship is filed, PW will be served a copy of the application by a Constable. The Court will appoint an Attorney Ad Litem to represent and advocate on behalf of PW and a hearing will be set for the application. The proposed guardian will receive a letter concerning the hearing.

DUTIES OF ATTORNEY AD LITEM. The duties of the Attorney Ad Litem are as follows:

• Interview the Proposed Ward within a reasonable time before the hearing;
• Discuss with the Proposed Ward, to the greatest extent possible:
  • the law and facts of the case;
  • Proposed Ward's legal options regarding the disposition of the case;
  • the grounds on which guardianship is sought; and
  • whether alternatives to guardianship, including, but not limited to those set  forth in  Section 1002.0015 of the Texas Estates Code, would meet the needs  of the  Proposed Ward and avoid the need for the appointment of a guardian.
• Review, before the hearing:
  • the application for guardianship;
  • certificates of current physical, medical, and intellectual examinations; and
  • all of the Proposed Ward's relevant medical, psychological, and intellectual  testing  records.
• Discuss with the Proposed Ward, before the hearing, the attorney ad litem’s opinion regarding:
  • whether a guardianship is necessary for the Proposed Ward; and
  • if a guardianship is necessary, the specific powers or duties of the guardian  that  should be limited if the Proposed Ward receives supports and services as  defined  in Section 1002.031 of the Texas Estates Code.
• Provide a copy of this order to the administrator of any facility where the proposed ward lives or is receiving in-patient health services, within seven (7) days from the date of this order.
• Review, if applicable, the proposal to establish a management trust or a trust to qualify  Proposed Ward for Medicaid and determine if the establishment of such a trust is in the best  interest of the Proposed Ward.
• Represent the Proposed Ward at the hearing described in Section 1101.051 of the Texas  Estates Code.

USEFUL LINKS

• MHMR of the Brazos Valley
• Area Agency on Aging
• Texas Department of Aging and Disability Services

If you are already a guardian, please read the following: http://www.txcourts.gov/jbcc/register-a-guardianship/pre-existing-guardianships/

A. Document checklist: 

Every guardianship sought to be created requires the following documents: 

• a sworn Application (compliant with TEC §1101.001 and the new pleading requirements); 
• Motion to appoint Attorney ad Litem;
• Order appointing Attorney ad Litem;
• personal citation on the proposed ward and return TEC 1051.103
• Return of Citation by posting and to any additional persons requiring notice under Ch. 1051 of the Estates Code; 
• an Attorney’s Affidavit of Notice compliant with the requirements of TEC §1051.104(b); 
• a Physician’s Letter or Certificate (CME) compliant with the requirements of TEC §1101.103, or a written letter or certificate that shows Intellectual Disability compliant with the requirements of TEC §1101.104; 
• the Answer of the Attorney ad Litem;
• an Oath for the guardian (do not sign this ahead of time); 
• an Order granting guardianship;
• a completed Guardian General Information Sheet (this form can be downloaded from the Court’s website); 
• a completed Court-Ordered Instruction packet (either Person, Estate or Person/Estate as appropriate) (these forms can be downloaded from the Court’s website).; 
• a completed Initial Annual Report if guardianship of the person is sought (this form can be downloaded from the Court’s website).;  
• A criminal background check;
• JBCC registration;
• JBCC 1-hour certification;

B. Attorney Ad Litem: 

In every guardianship the Court will appoint an attorney ad litem to represent the proposed ward. The applicant in these cases shall pay a $400.00 deposit into the registry of the Court towards the ad litem expense (unless the applicant, on the applicant’s own behalf, has filed an affidavit of inability to pay the costs under TRCP145). This amount while a deposit only, should cover the expense in the majority of agreed cases. No case for which an ad litem deposit is required will be heard by the Court until such deposit has been paid. The ad litem will need to obtain prior Court approval before undertaking work on the case that will necessitate a fee greater than $400.00. There has been a recent change in the law on who bears the costs, including ad litem fees. If the guardianship estate or management trust created cannot bear the cost, the non-indigent applicant will bear the cost rather than the county treasury. §1155.151.

C. Hearing Schedule: 

The Court prefers to expedite guardianship cases, but please do not call to schedule a guardianship prove-up hearing until the following have been taken care of: 

1. An ad litem has been appointed, and you have talked with the ad litem about the hearing date.
2. Before the hearing dating arrives, you will have posted notice and have service on or waivers from all of the interested parties and others requiring notice. See “Notice” below. 
3. You either have already turned in all necessary documents (including any deposition responses), or you know you will be able to do so before the deadline. See “Submission of Documents” below. 

In addition, pick a date you know will work for everyone who needs to testify, including the witnesses and the ad litem. Once the hearing is set, make sure everyone receives sufficient notice. 

D. Submission of Documents: 

The Court needs to have access to all documents required for an uncontested hearing no later than 10:00 a.m. three days before the hearing. Compliance with this rule allows the Court to review the file and contact the attorney should any questions or problems arise.  Documents that are ready to be filed by this deadline are returns of service, notarized consents and waivers, the attorney affidavit on service of notice compliance, and proposed orders to be signed. The Court does not want to risk losing an executed document that has not been filed and scanned. Therefore, please file all original documents to be filed in the Clerk’s office. All proposed orders or proofs may be submitted electronically to the Court at ccl@grimescountytexas.gov in Word or PDF format. 

If you miss the deadline for submitting documents, you should still get the missing documents filed as soon as possible. However, there is no guarantee that the Court will be able to review the tardy documents before the hearing. The Court may postpone the hearing if an attorney fails to comply with the posted guidelines for uncontested docket paperwork and it appears that there might be significant problems with the paperwork at the scheduled hearing or the Court does not have time to review the tardy documents. 

E. Review of Documents with Client Prior to the Hearing: 

It is highly recommended that you review all documents that your client will sign with the client prior to the hearing. These include the Oath, Information Sheet and Instruction packet. 

F. Attorney Certification Required: 

All attorneys for an applicant for guardianship and all court-appointed attorneys in a guardianship proceeding, including an attorney ad litem, must be certified by the State Bar of Texas, or a person or other entity designated by the state bar, as having successfully completed a course of study in guardianship law and procedure sponsored by the state bar or the state bar’s designee. §1054.201. An attorney lacking such certification shall not be permitted to act in the case until such certification is obtained. 

G. Criminal Background Check: 

There is a new requirement for a criminal background check to be conducted on the proposed guardian. §1104.402 and §1104.403. 

Statutory Requirements: 

Section 1101.001 of the Code outlines the requirements of an application for the appointment of a guardian. The requirements are extensive, and the Court does check to see that all of the required information is included and will require an amended application if required information is missing. The application required elements include:

• Application is sworn to by the applicant (with an effective jurat) (§1101.001(b)) 
• Attorney’s email address is included on the application (TRCP Rule 21(f)(2)).

In all cases, application states: 

1. Proposed ward’s full name, sex, date of birth, and address. (§1101.001(b)(1)) 
2. Name, relationship to proposed ward, and address of person the applicant seeks to have appointed guardian. (§1101.001(b)(2)) 
3. Whether seeking guardianship of the person or estate, or both. (§1101.001(b)(3)) 
4. Whether alternatives to guardianship and available supports and services were considered and are feasible and would avoid the need for guardianship. (§1101.001(b)(3-a) - §1101.001(b)(3-b)) 
5. Nature and degree of the alleged incapacity. (§1101.001(b)(4))
6. Specific areas of protection and assistance requested. (§1101.001(b)(4)) 
7. Limitation or termination of rights requested to be included in the court's order of appointment, including a termination of (A) the right of a proposed ward who is 18 years of age or older to vote in a public election; (B) the proposed ward's eligibility to hold or obtain a license to operate a motor vehicle under Chapter 521, Transportation Code; and (C) the right of the proposed ward to make personal decisions regarding residence. (§1101.001(b)(4)) 
8. Facts requiring that a guardian be appointed. (§1101.001(b)(5))
9. Interest of the applicant in the appointment. (§1101.001(b)(6))
10. Nature and description of any guardianship of any kind existing for the proposed ward in any other state. (§1101.001(b)(7)) If none, please indicate. 
11. Name and address of any person or institution having the care and custody of the proposed ward. (§1101.001(b)(8)) 
12. Approximate value and description of the proposed ward's property, including any compensation, pension, insurance, or allowance to which the proposed ward may be entitled. (§1101.001(b)(9)) 
13. Name and address of any person whom the applicant knows to hold a power of attorney signed by the proposed ward and a description of the type of power of attorney. (§1101.001(b)(10)) If none, please indicate. 
14. Facts showing that the court has venue over the proceeding. (§1101.001(b)(14)) 
15. If applicable, that person to be appointed as guardian is a private professional guardian certified as required by the Government Code, who has complied with the requirements of Section 1104.301 of this code. (§1101.001(b)(15)) (If a person named in the application is protected by a protective order issued under Chap. 85, Family Code, see Estates Code §1101.002.) 

If proposed ward is an adult, application states: 

1. name of the proposed ward's spouse, if any, and (2a) the spouse's address or (2b) that the spouse is deceased, if known by applicant. (§1101.001(b)(13)(A)) If proposed ward is not married or if any information is not known, indicate. 
2. name of each of the proposed ward's parents and (2a) each parent's address or (2b) that the parent is deceased, if known by applicant. (§1101.001(b)(13)(B)) If any information is not known, please indicate. 
3. name of each of proposed ward's siblings, if any, and (2a) each sibling's address or (2b) that the sibling is deceased, if known by applicant. (§1101.001(b)(13)(C)) If proposed ward has none or if any information is not known, indicate. 
4. name and age of each of the proposed ward's children, if any, and (2a) each child's address or (2b) that the child is deceased, if known by applicant. (§1101.001(b)(13)(D)) If proposed ward has no child or if any information is not known, indicate. 
5. If there is no living spouse, parent, adult sibling, or adult child of the proposed ward, the names and addresses of the proposed ward's other living relatives who are related to the proposed ward within the third degree by consanguinity and who are adults. (§1101.001(b)(13)(E)). 

If proposed ward is a minor, application states: 

1. name of each parent of the proposed ward and (2a) each parent's address or (2b) that the parent is deceased, if known by applicant. (§1101.001(b)(11)(A)) If any information is not known, please indicate. 
2. name and age of each sibling, if any, of the proposed ward and (2a) each sibling’s address or (2b) that the sibling is deceased, if known by applicant. (§1101.001(b)(11)(B)) If proposed ward has no siblings or if any information is not known, please indicate. 
3. If each of the proposed ward's parents and adult siblings are deceased, the names and addresses of the proposed ward's other adult living relatives who are related to the proposed ward within the third degree by consanguinity. (§1101.001(b)(11)(C))
4. Whether the minor was the subject of a legal or conservatorship proceeding within the preceding two-year period and, if so, the court involved, the nature of the proceeding, and the final disposition, if any, of the proceeding. (§1101.001(b)(12)) 

Statutory Requirements: 

Section 1251.003 of the Code outlines the requirements of an application for the appointment of a temporary guardian. The Court does check to see that all of the required information is included and will require an amended application if required information is missing. A temporary guardianship will only be granted if the Court is presently with substantial evidence that a person may be incapacitated and has probable cause to believe that the person, the person’s estate, or both require the immediate appointment of a guardian. In other words, temporary guardianships are difficult to obtain unless there is a truly immediate need, such as for a medical procedure or to stop a theft that is occurring. The application must state:

• The name and address of the person who is the subject of the guardianship proceeding; 
• The danger to the person or property alleged to be imminent; 
• The type of appointment and the particular protection and assistance being requested; 
• The facts and reasons supporting the allegations and requests; 
• The proposed temporary guardian’s name, address and qualification; 
• The applicant’s name, address and interest; and 
• If applicable, that the proposed temporary guardian is a private professional guardian who is certified under Subchapter C, Chapter 155, Government Code, and has complied with the requirements of Subchapter G, Chapter 1104. 
• The application must be sworn to by the applicant. 

PRACTICE TIP: Temporary Guardianships are difficult to obtain and add considerable expense to the proceedings; there must be an immediate need, a danger to the person or property alleged to be imminent, before a temporary guardianship is granted, and such relief can’t be granted ex parte (a temporary guardianship requires the appointment of an ad litem followed by a hearing to be conducted within 10 days of the application). Given these limitations, you should seriously consider whether a temporary restraining order, other guardianship alternative or simply applying for a permanent guardianship might be more appropriate in your client’s case. 

NOTICE IN PERMANAENT GUARDIANSHIPS

A)  Personal Service.  The sheriff or other officer shall personally serve citation to appear and  answer   an   application   for   guardianship,   including   the   information   required   by §1051.252, on:

1. a proposed ward who is 12 years of age or older;
2. the proposed ward’s parents, if the whereabouts of the parents are known or can be reasonably ascertained;
3. any court-appointed conservator or person having control of the care and welfare of the proposed ward;
4. the proposed ward’s spouse, if the whereabouts of the spouse are known or can be reasonably ascertained; and
5. the person named in the application to be appointed guardian, if that person is not the applicant.

B.  Notice to Interested Persons.  The person filing an application for guardianship shall mail  a  copy  of  the  application  and  a  notice  containing  the  information  required  in  the citation issued under §1051.252 by registered or certified mail, return receipt requested, or by any other form of mail that provides proof of delivery, to the following persons, if their 

whereabouts are known or can be reasonably ascertained:

1. each adult child of the proposed ward;
2. each adult sibling of the proposed ward;
3. the administrator of a nursing home facility or similar facility in which the proposed ward resides;
4. the operator of a residential facility in which the proposed ward resides;
5. a  person  whom  the  applicant  knows  to  hold  a  power  of  attorney  signed  by  the proposed ward;
6. a  person  designated  to  serve  as  guardian  of  the  proposed  ward  by  a  written declaration under Subchapter E, Chapter 1104, if the applicant knows of the existence of the declaration;
7. a person designated to serve as guardian of the proposed ward in the probated will of the last surviving parent of the proposed ward;
8. a  person  designated  to  serve  as  guardian  of  the  proposed  ward  by  a  written declaration of the proposed ward’s last surviving parent, if the declarant is deceased and the applicant knows of the existence of the declaration; and
9. each  adult  named  in  the  application  as  an  “other  living  relative”  of  the  proposed ward within the third degree by consanguinity, as required by §1101.001(b)(11) or (13), if the proposed ward’s spouse and each of the proposed ward’s parents, adult siblings, and  adult children  are  deceased  or  there  is  no  spouse,  parent,  adult  sibling,  or  adult child.

The applicant shall file with the court a copy of any notice required above and proofs of delivery of the notice as well as an affidavit sworn to by the applicant  or the applicant’s attorney stating that the notice was mailed as required and the name of each person to whom the notice was mailed, if the person’s name is not shown on the proof of delivery.

It is important to note that the Court may not act on the application for the creation of a guardianship until the applicant has complied with §1051.104(b) regarding notice. See §1051.106.

C. Posting. Upon payment of the requisite fees, the county clerk shall cause notice to be posted by the sheriff or constable at the door of the county courthouse before the return day of the citation or notice including the information required by §1051.252.

D. Waiver of Personal Service. A person other than the proposed ward may waive personal service or notice in writing; however, a proposed ward can never waive personal service, and the attorney for the proposed ward cannot waive service for the proposed ward.

NOTICE IN TEMPORARY GUARDIANSHIPS

A.  Personal Service. Notice of the application for temporary guardianship must be personally served on:

1. the proposed ward;
2. the proposed ward’s appointed attorney; and
3. the proposed temporary guardian named in the application, if that person is not the applicant.

The notice must describe the rights of the parties (as listed in §1251.008), the date, time, place, purpose, and possible consequences of a hearing on the application. A copy of the application must be attached to the notice which is served.

B.  Waiver of Personal Service. A person other than the proposed ward may waive personal service or notice in writing; however, a proposed ward can never waive personal service, and the attorney for the proposed ward cannot waive service for the proposed ward.

To set a case on the guardianship docket, you must fill out a Setting Request Form, Uncontested Guardianship Docket, and e-file it with the County Clerk.  No hearing is set until the Court contacts you with a confirmed date and time, although we ask you to indicate possible dates and times on the form.

You are responsible for making sure that the proposed guardian has done all of the following before submitting the Setting Request Form:

1. Submitted registration information online with the Judicial Branch Certification Commission (JBCC).
2. Completed the required guardianship training through the JBCC, received the guardian training certificate of completion, and filed the certificate with the Court. (Not required if the proposed guardian is an attorney, certified guardian, or corporate fiduciary.)
3. Submitted the requisite criminal background check to the JBCC, who then notified the clerk’s office that the criminal background check has been done. (Not required if the proposed guardian is an attorney, certified guardian, or corporate fiduciary.)

In addition to reviewing the physician’s certificate, the Court Coordinator will need to confirm that the above has been completed before the hearing can be set.

You are also responsible for making sure that the proposed guardian has done all of the following before the hearing:

1. Read the applicable Court-Ordered Instructions (Person Only, Estate Only or Person and Estate) and initialed each of the boxes in the margins to indicate the proposed guardian understands the italicized points made in the text to the right of each box.
2. Signed the Court-Ordered Instructions before a notary (which must be done after the proposed guardian has completed the guardianship training).
3. Completed the Personal Representative General Information form.
4. For guardianships of the person, filled out the Initial Report on the Condition and Well-Being of the Ward.

The Court strongly prefers that all of the above tasks are completed before the proposed guardian comes to the courthouse.  If some tasks cannot be done until the proposed guardian comes to the courthouse, you must meet the proposed guardian early enough to ensure that everything is completed before the time of the scheduled hearing.

For guardianships of the estate, you will sign the Court-Ordered Instructions certifying that you have discussed with your client the responsibilities of a guardian of the estate; the signed instructions must be given to the Court before the hearing.  The Court expects that you will discuss the responsibilities of a guardian of the person with a client who will be appointed as guardian of the person – including the bond requirement.  If your client is being appointed guardian of the person only, you will not sign the instructions.

The following documents should be brought to the prove-up hearing so that the guardianship may be granted at the time of the hearing.

A. The Order Appointing Guardian. The Order should: 

• contain all the required findings with the requisite level of proof specified in §1101.101; 
• contain the contents required by §1101.153, including the date by which the guardian must submit an updated medical letter or certificate if the original letter required by §1101.103 stated that improvement in the ward’s physical or mental functioning is possible and specified a period of less than a year after which the ward should be reevaluated to determine the continuing necessity for the guardianship;
• contain, if the guardian is to have full authority, findings of fact and specify the information required by §1101.151; 
• require the guardian to provide the ward, within 24 hours of appointment, a copy of the Bill of Rights for Wards contained within §1151.351; 
• specify that if the guardianship is of the person only that the required bond be a cash bond with a blank left for the amount to be filled in (usually $100 in most cases); 
• if a permanent guardianship, specify that “the Guardian appointed in this Order only has authority to exercise the powers granted in this Order upon presentation of valid unexpired Letters of Guardianship”; 
• if a temporary guardianship, specifically list the powers and duties of the temporary guardian, the reasons the temporary guardianship was granted and the term limitation. §1251.010 and §1251.052. 

B. Oath of Guardian. Do not have your client sign prior to appointment. 

C. Attorney’s Affidavit of Notice. This is an oft overlooked document, but one that must be presented before the Order may be signed. §1101.101. 

D. Guardian’s General Information Sheet. Please have the proposed guardian completely fill out this sheet prior to the hearing. This information will stay in the court file, not in the public clerk’s file. 

E. Court Ordered Instruction Packet. Please review this packet (using the appropriate Person, Estate or Person/Estate packet) with your client and have it signed prior to the hearing. 

F. Initial Annual Report. If a guardianship of the person is sought, have your client complete the Initial Annual Report prior to the hearing. (This form may be downloaded from the Court’s website). 

G. Safekeeping Agreement in Lieu of Some Portion of the Required Bond. 

Please note that if it is contemplated that your client may prefer a Safekeeping Agreement in lieu of some portion of the required bond you will need to bring an Order Authorizing Safekeeping Agreement to the prove-up hearing. The Order and Safekeeping Agreement are promulgated by the Court and fillable pdf versions of these documents are available on the Court’s website. The Court will establish a full bond amount at the prove-up hearing and if the signed Safekeeping Agreement is ultimately approved the bond will be reduced at that time to reflect the assets kept in safekeeping. It is important to note that only Financial Institutions as defined by §201.101 of the Texas Finance Code qualify for Safekeeping Agreements. 

H. Investment Plan. 

While not required at the prove-up hearing, if the estate assets are not invested in accordance with §1161.051 within 180 days after the guardian of the estate qualifies, the guardian must file a request with the court to authorize an investment plan. 

I. Criminal Background Check.