Probate Court Investigators' Office
Restoring Your Rights
George L. Allen, Sr., Courts Building - 600 Commerce Street, 9th Floor, Dallas, Texas 75202
Telephone: (214) 653-6446 | Fax: (214) 653-6923
The Dallas County Probate Courts want to ensure those individuals who have regained capacity have an opportunity to restore their rights. The entire restoration process can take 3-6 months depending on how long it takes for you and the attorney to complete the steps.
Pursuant to §1202.051 of the Texas Estates Code, the Incapacitated Person (IP), or any person interested in the welfare of the Incapacitated Person may file a written application with the court for an order to:
- Close the guardianship: restore all rights to the incapacitated person.
- Modify the guardianship: restore some rights, but not all.
Steps to Restoring My Rights
Pursuant to §1202.054: REQUEST BY INFORMAL LETTER
You can notify the probate court in several ways of your request to have your rights back.
- Write an Informal Letter to the court:
- Mail letter to:
ATTN: Dallas County Probate Clerks
600 Commerce Street, 7th Floor, Dallas, Texas 75202 - Have your attorney file an application requesting Restoration or Modification of rights.
- Mail letter to:
Pursuant to §1202.152: PHYSICANS CERTIFICATE
- The Court Investigator assigned to your case will send you a medical evaluation that you will need to take to a provider licensed in the State of Texas.
- This medical MUST be returned to the court to complete the process. If after 90 days (3 months) the Investigator has not received your medical, they will contact you.
Pursuant to §1202.054 (b): APPOINTMENT OF GUARDIAN AD LITEM or INVESTIGATOR
The Guardian Ad Litem or Court Investigator assigned to your case will contact you after they have reviewed your medical. A meeting will be scheduled so that the Guardian Ad Litem or Investigator can prepare the report to the court. You will receive a copy of the Findings and Conclusions Report, no later than 7 days prior to your hearing.
Pursuant to §1202.151: BURDEN OF PROOF AT HEARING
An Attorney Ad Litem will be appointed to represent your interest in the restoration hearing. The Attorney Ad Litem will prepare you to appear before the court and possibly testify on your own behalf at the hearing. The attorneys in the case will request the hearing date and are responsible for ensuring your case is processed timely through the court.
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