1. Scope of Engagement: (Client) hereby employs Carr & Cole, PLLC (Attorney) for the purpose of .
Our representation, with respect to this matter, will include advising, counseling, processing, and assisting you with the guardianship application. Our services may also include advising you regarding the administration of the guardianship so that you may properly carry out your duties and responsibilities as guardian. Our representation will not, however, extend to tax matters or tax compliance matters.
2. Cooperation: You agree to disclose fully and accurately all facts and keep us informed of all developments relating to this matter so we may effectively render the legal services contemplated.
3. Eligibility Requirements: Before we proceed with seeking your appointment as guardian, we want you to be aware of the eligibility requirements and the potential reasons that a person would be found “ineligible” to be appointed as a guardian.
Specifically, Sections 1104.351‐357 of the Texas Estates Code provide that a person may not be appointed guardian if she or he is:
- Under the age of eighteen;
- A person whose conduct is notoriously bad (such as being convicted of a felony);
- An incapacitated person;
- A person who is a party or whose parent is a party to a lawsuit concerning or affecting the welfare of the incapacitated person, unless the court (i) determines that the lawsuit of the person who has applied to be appointed guardian is not in conflict with the lawsuit of the incapacitated person; or (ii) appoints a guardian ad litem to represent the interests of the incapacitated person throughout the limitation of the lawsuit;
- A person indebted to the incapacitated person unless the person pays the debt before appointment;
- A person asserting a claim adverse to the incapacitated person or his or her property;
- A person who, who because of inexperience, lack of education, or any other good reason, is incapable of properly and prudently managing and controlling the incapacitated person or his or her estate;
- A person, institution, or corporation found unsuitable by the Court;
- A person disqualified by the incapacitated person in a declaration which is signed by the incapacitated person, prior to his or her incapacity; or
- A non-resident of the state of Texas who has not filed with the Court the name of a resident agent to accept service of process in all actions or proceedings relating to the guardianship.
Please advise us immediately if any of these disqualifications apply to you.
4. Timing of Appointment as Guardian: Based on our understanding that you are qualified to serve, we will prepare an Application for Appointment of Guardian of the Person (and Estate) upon receipt of the signed agreement AND retainer (the attorney- client relationship will begin at that point). In short, the application for guardianship will ask the appropriate County Probate Court to appoint you as the guardian of . Note that the Court cannot act on a permanent application, and thus, appoint a guardian, for a minimum of ten (10) days after the filing of the application, unless an emergency application has been filed. In fact, even an uncontested guardianship may not be eligible for a hearing for 2-4 months, depending on the Court’s docket.
5. Potential Third-Party Contest: We also want to alert you to the possibility that a third party could “contest” your application to be appointed as guardian. The general rule is that anyone has standing to initiate or complain about actions relating to a guardianship of an incapacitated person. For example, a wife, husband, brother, or even facility administrator, could intervene and contest your appointment.
6. Fees: Our firm's fees are based on the time spent by the lawyers and firm personnel who work on the matter. Our work is performed at an hourly rate for the attorney at per hour; paralegal/legal assistant at per hour; and administrative staff at per hour. Our time is billed in 6-minute increments for services performed including phone calls and email correspondence.
To begin working on this matter, an initial retainer in the amount of is required. Client will receive a courtesy notice if the retainer balance falls below . If the services exceed the initial retainer amount, Client agrees to submit payment for the remaining balance prior to the scheduled execution ceremony.
Unless you inform us otherwise, your statements and expenses will be delivered to you by e-mail and will be due upon receipt. Client understands and acknowledges that this attorney-client relationship does not commence, and that legal services and work will not begin until the initial fee requirements of this Agreement have been paid and this Agreement has been signed by the Firm and signed by the Client and given to the Firm.
7. Other Charges: In addition to our fees, other charges could arise for items incident to the performance of our legal services, such as photocopying, messengers, facsimile transmissions, postage, and specialized computer applications such as computerized legal research. Fees and expenses will be billed directly to you unless special arrangements are made.
8. Withdrawal or Termination: Our relationship may be terminated by either of us at any time by written notice to the other party. We reserve the right to withdraw from our representation if, among other things, you fail to honor the terms of this engagement letter or if any fact or circumstance would, in our view, render our continuing representation unlawful, unethical, or ineffective.
9. Notice: Client acknowledges receipt of the following notice: The State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys. Although not every complaint against or dispute with a lawyer involves professional misconduct, the State Bar's Office of General Counsel will provide you with information about how to file a complaint. Please call 1-800-932-1900 for more information.
10. Jurisdiction: This agreement is formed under and shall be governed by the laws of the state of Texas. Client and Attorney have made no agreements or promises other than the ones contained in this document.
11. Expiration: Attorney reserves the right to rescind this agreement if it is not executed within 7 days of issuance, and if the initial retainer is not received within the same timeframe.
