Texas 2011 - 82nd Regular

Texas House Bill HB2759 Compare Versions

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1	1	82R4142 ATP-D
2	2	By: Hartnett H.B. No. 2759
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the nonsubstantive revision of provisions of the Texas
8	8	Probate Code relating to durable powers of attorney, guardianships,
9	9	and other related proceedings and alternatives, and the
10	10	redesignation of certain other provisions of the Texas Probate
11	11	Code, including conforming amendments and repeals.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	ARTICLE 1. NONSUBSTANTIVE REVISION OF PROVISIONS RELATING TO
14	14	DURABLE POWERS OF ATTORNEY, GUARDIANSHIPS, AND OTHER RELATED
15	15	PROCEEDINGS AND ALTERNATIVES
16	16	SECTION 1.01. SUBTITLE P, TITLE 2, ESTATES CODE. Title 2,
17	17	Estates Code, is amended by adding Subtitle P to read as follows:
18	18	SUBTITLE P. DURABLE POWERS OF ATTORNEY
19	19	CHAPTER 751. GENERAL PROVISIONS REGARDING DURABLE POWERS OF
20	20	ATTORNEY
21	21	SUBTITLE P. DURABLE POWERS OF ATTORNEY
22	22	CHAPTER 751. GENERAL PROVISIONS REGARDING DURABLE POWERS OF
23	23	ATTORNEY
24	24	SUBCHAPTER A. GENERAL PROVISIONS
25	25	Sec. 751.001. SHORT TITLE
26	26	Sec. 751.002. DEFINITION OF DURABLE POWER OF ATTORNEY
27	27	Sec. 751.003. UNIFORMITY OF APPLICATION AND
28	28	CONSTRUCTION
29	29	Sec. 751.004. DURATION OF DURABLE POWER OF ATTORNEY
30	30	Sec. 751.005. EXTENSION OF PRINCIPAL'S AUTHORITY TO
31	31	OTHER PERSONS
32	32	Sec. 751.006. RIGHTS CUMULATIVE
33	33	[Sections 751.007-751.050 reserved for expansion]
34	34	SUBCHAPTER B. EFFECT OF CERTAIN ACTS ON EXERCISE OF DURABLE POWER
35	35	OF ATTORNEY
36	36	Sec. 751.051. EFFECT OF ACTS PERFORMED BY ATTORNEY IN
37	37	FACT OR AGENT DURING PRINCIPAL'S
38	38	DISABILITY OR INCAPACITY
39	39	Sec. 751.052. RELATION OF ATTORNEY IN FACT OR AGENT TO
40	40	COURT-APPOINTED GUARDIAN OF ESTATE
41	41	Sec. 751.053. EFFECT OF PRINCIPAL'S DIVORCE OR
42	42	MARRIAGE ANNULMENT IF FORMER SPOUSE IS
43	43	ATTORNEY IN FACT OR AGENT
44	44	Sec. 751.054. KNOWLEDGE OF TERMINATION OF POWER;
45	45	GOOD-FAITH ACTS
46	46	Sec. 751.055. AFFIDAVIT REGARDING LACK OF KNOWLEDGE OF
47	47	TERMINATION OF POWER OR OF DISABILITY
48	48	OR INCAPACITY; GOOD-FAITH RELIANCE
49	49	Sec. 751.056. NONLIABILITY OF THIRD PARTY ON
50	50	GOOD-FAITH RELIANCE
51	51	Sec. 751.057. EFFECT OF BANKRUPTCY PROCEEDING
52	52	Sec. 751.058. EFFECT OF REVOCATION OF DURABLE POWER OF
53	53	ATTORNEY ON THIRD PARTY
54	54	[Sections 751.059-751.100 reserved for expansion]
55	55	SUBCHAPTER C. DUTY TO INFORM AND ACCOUNT
56	56	Sec. 751.101. FIDUCIARY DUTIES
57	57	Sec. 751.102. DUTY TO TIMELY INFORM PRINCIPAL
58	58	Sec. 751.103. MAINTENANCE OF RECORDS
59	59	Sec. 751.104. ACCOUNTING
60	60	Sec. 751.105. EFFECT OF FAILURE TO COMPLY; SUIT
61	61	Sec. 751.106. EFFECT OF SUBCHAPTER ON PRINCIPAL'S
62	62	RIGHTS
63	63	[Sections 751.107-751.150 reserved for expansion]
64	64	SUBCHAPTER D. RECORDING DURABLE POWER OF ATTORNEY FOR CERTAIN REAL
65	65	PROPERTY TRANSACTIONS
66	66	Sec. 751.151. RECORDING FOR REAL PROPERTY TRANSACTIONS
67	67	REQUIRING EXECUTION AND DELIVERY OF
68	68	INSTRUMENTS
69	69	SUBTITLE P. DURABLE POWERS OF ATTORNEY
70	70	CHAPTER 751. GENERAL PROVISIONS REGARDING DURABLE POWERS OF
71	71	ATTORNEY
72	72	SUBCHAPTER A. GENERAL PROVISIONS
73	73	Sec. 751.001. SHORT TITLE. This subtitle may be cited as
74	74	the Durable Power of Attorney Act. (Tex. Prob. Code, Sec. 481.)
75	75	Sec. 751.002. DEFINITION OF DURABLE POWER OF ATTORNEY. A
76	76	"durable power of attorney" means a written instrument that:
77	77	(1) designates another person as attorney in fact or
78	78	agent;
79	79	(2) is signed by an adult principal;
80	80	(3) contains:
81	81	(A) the words:
82	82	(i) "This power of attorney is not affected
83	83	by subsequent disability or incapacity of the principal"; or
84	84	(ii) "This power of attorney becomes
85	85	effective on the disability or incapacity of the principal"; or
86	86	(B) words similar to those of Paragraph (A) that
87	87	show the principal's intent that the authority conferred on the
88	88	attorney in fact or agent shall be exercised notwithstanding the
89	89	principal's subsequent disability or incapacity; and
90	90	(4) is acknowledged by the principal before an officer
91	91	authorized under the laws of this state or another state to:
92	92	(A) take acknowledgments to deeds of conveyance;
93	93	and
94	94	(B) administer oaths. (Tex. Prob. Code, Sec.
95	95	482.)
96	96	Sec. 751.003. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
97	97	This subtitle shall be applied and construed to effect the general
98	98	purpose of this subtitle, which is to make uniform the law with
99	99	respect to the subject of this subtitle among states enacting these
100	100	provisions. (Tex. Prob. Code, Sec. 506.)
101	101	Sec. 751.004. DURATION OF DURABLE POWER OF ATTORNEY. A
102	102	durable power of attorney does not lapse because of the passage of
103	103	time unless the instrument creating the power of attorney
104	104	specifically states a time limitation. (Tex. Prob. Code, Sec.
105	105	483.)
106	106	Sec. 751.005. EXTENSION OF PRINCIPAL'S AUTHORITY TO OTHER
107	107	PERSONS. If, in this subtitle, a principal is given an authority to
108	108	act, that authority includes:
109	109	(1) any person designated by the principal;
110	110	(2) a guardian of the estate of the principal; or
111	111	(3) another personal representative of the principal.
112	112	(Tex. Prob. Code, Sec. 489B(i).)
113	113	Sec. 751.006. RIGHTS CUMULATIVE. The rights set out under
114	114	this subtitle are cumulative of any other rights or remedies the
115	115	principal may have at common law or other applicable statutes and
116	116	are not in derogation of those rights. (Tex. Prob. Code, Sec.
117	117	489B(j).)
118	118	[Sections 751.007-751.050 reserved for expansion]
119	119	SUBCHAPTER B. EFFECT OF CERTAIN ACTS ON EXERCISE OF DURABLE POWER
120	120	OF ATTORNEY
121	121	Sec. 751.051. EFFECT OF ACTS PERFORMED BY ATTORNEY IN FACT
122	122	OR AGENT DURING PRINCIPAL'S DISABILITY OR INCAPACITY. Each act
123	123	performed by an attorney in fact or agent under a durable power of
124	124	attorney during a period of the principal's disability or
125	125	incapacity has the same effect, and inures to the benefit of and
126	126	binds the principal and the principal's successors in interest, as
127	127	if the principal were not disabled or incapacitated. (Tex. Prob.
128	128	Code, Sec. 484.)
129	129	Sec. 751.052. RELATION OF ATTORNEY IN FACT OR AGENT TO
130	130	COURT-APPOINTED GUARDIAN OF ESTATE. (a) If, after execution of a
131	131	durable power of attorney, a court of the principal's domicile
132	132	appoints a permanent guardian of the estate of the principal, the
133	133	powers of the attorney in fact or agent terminate on the
134	134	qualification of the guardian of the estate. The attorney in fact
135	135	or agent shall:
136	136	(1) deliver to the guardian of the estate all assets of
137	137	the ward's estate that are in the possession of the attorney in fact
138	138	or agent; and
139	139	(2) account to the guardian of the estate as the
140	140	attorney in fact or agent would account to the principal if the
141	141	principal had terminated the powers of the attorney in fact or
142	142	agent.
143	143	(b) If, after execution of a durable power of attorney, a
144	144	court of the principal's domicile appoints a temporary guardian of
145	145	the estate of the principal, the court may suspend the powers of the
146	146	attorney in fact or agent on the qualification of the temporary
147	147	guardian of the estate until the date the term of the temporary
148	148	guardian expires. This subsection may not be construed to prohibit
149	149	the application for or issuance of a temporary restraining order
150	150	under applicable law. (Tex. Prob. Code, Sec. 485.)
151	151	Sec. 751.053. EFFECT OF PRINCIPAL'S DIVORCE OR MARRIAGE
152	152	ANNULMENT IF FORMER SPOUSE IS ATTORNEY IN FACT OR AGENT. Unless
153	153	otherwise expressly provided by the durable power of attorney, if,
154	154	after execution of a durable power of attorney, the principal is
155	155	divorced from a person who has been appointed the principal's
156	156	attorney in fact or agent or the principal's marriage to a person
157	157	who has been appointed the principal's attorney in fact or agent is
158	158	annulled, the powers of the attorney in fact or agent granted to the
159	159	principal's former spouse terminate on the date the divorce or
160	160	annulment of marriage is granted by a court. (Tex. Prob. Code, Sec.
161	161	485A.)
162	162	Sec. 751.054. KNOWLEDGE OF TERMINATION OF POWER; GOOD-FAITH
163	163	ACTS. (a) The revocation by, the death of, or the qualification of
164	164	a guardian of the estate of a principal who has executed a durable
165	165	power of attorney does not revoke or terminate the agency as to the
166	166	attorney in fact, agent, or other person who acts in good faith
167	167	under or in reliance on the power without actual knowledge of the
168	168	termination of the power by:
169	169	(1) the revocation;
170	170	(2) the principal's death; or
171	171	(3) the qualification of a guardian of the estate of
172	172	the principal.
173	173	(b) The divorce of a principal from a person who has been
174	174	appointed the principal's attorney in fact or agent before the date
175	175	the divorce is granted, or the annulment of the marriage of a
176	176	principal and a person who has been appointed the principal's
177	177	attorney in fact or agent before the date the annulment is granted,
178	178	does not revoke or terminate the agency as to a person other than
179	179	the principal's former spouse if the person acts in good faith under
180	180	or in reliance on the power of attorney.
181	181	(c) An action taken under this section, unless otherwise
182	182	invalid or unenforceable, binds the principal's successors in
183	183	interest. (Tex. Prob. Code, Sec. 486.)
184	184	Sec. 751.055. AFFIDAVIT REGARDING LACK OF KNOWLEDGE OF
185	185	TERMINATION OF POWER OR OF DISABILITY OR INCAPACITY; GOOD-FAITH
186	186	RELIANCE. (a) As to an act undertaken in good-faith reliance on a
187	187	durable power of attorney, an affidavit executed by the attorney in
188	188	fact or agent under the durable power of attorney stating that the
189	189	attorney in fact or agent did not have, at the time the power was
190	190	exercised, actual knowledge of the termination of the power by
191	191	revocation, the principal's death, the principal's divorce or the
192	192	annulment of the principal's marriage if the attorney in fact or
193	193	agent was the principal's spouse, or the qualification of a
194	194	guardian of the estate of the principal, is conclusive proof as
195	195	between the attorney in fact or agent and a person other than the
196	196	principal or the principal's personal representative dealing with
197	197	the attorney in fact or agent of the nonrevocation or
198	198	nontermination of the power at that time.
199	199	(b) As to an act undertaken in good-faith reliance on a
200	200	durable power of attorney, an affidavit executed by the attorney in
201	201	fact or agent under the durable power of attorney stating that the
202	202	principal is disabled or incapacitated, as defined by the power of
203	203	attorney, is conclusive proof as between the attorney in fact or
204	204	agent and a person other than the principal or the principal's
205	205	personal representative dealing with the attorney in fact or agent
206	206	of the principal's disability or incapacity at that time.
207	207	(c) If the exercise of the power of attorney requires
208	208	execution and delivery of an instrument that is to be recorded, an
209	209	affidavit executed under Subsection (a) or (b), authenticated for
210	210	record, may also be recorded.
211	211	(d) This section and Section 751.056 do not affect a
212	212	provision in a durable power of attorney for the termination of the
213	213	power by:
214	214	(1) expiration of time; or
215	215	(2) the occurrence of an event other than express
216	216	revocation. (Tex. Prob. Code, Secs. 487(a), (b), (c), (d).)
217	217	Sec. 751.056. NONLIABILITY OF THIRD PARTY ON GOOD-FAITH
218	218	RELIANCE. If a durable power of attorney is used, a third party who
219	219	relies in good faith on the acts of an attorney in fact or agent
220	220	performed within the scope of the power of attorney is not liable to
221	221	the principal. (Tex. Prob. Code, Sec. 487(e).)
222	222	Sec. 751.057. EFFECT OF BANKRUPTCY PROCEEDING. (a) The
223	223	filing of a voluntary or involuntary petition in bankruptcy in
224	224	connection with the debts of a principal who has executed a durable
225	225	power of attorney does not revoke or terminate the agency as to the
226	226	principal's attorney in fact or agent.
227	227	(b) Any act the attorney in fact or agent may undertake with
228	228	respect to the principal's property is subject to the limitations
229	229	and requirements of the United States Bankruptcy Code (11 U.S.C.
230	230	Section 101 et seq.) until a final determination is made in the
231	231	bankruptcy proceeding. (Tex. Prob. Code, Sec. 487A.)
232	232	Sec. 751.058. EFFECT OF REVOCATION OF DURABLE POWER OF
233	233	ATTORNEY ON THIRD PARTY. Unless otherwise provided by the durable
234	234	power of attorney, a revocation of a durable power of attorney is
235	235	not effective as to a third party relying on the power of attorney
236	236	until the third party receives actual notice of the revocation.
237	237	(Tex. Prob. Code, Sec. 488.)
238	238	[Sections 751.059-751.100 reserved for expansion]
239	239	SUBCHAPTER C. DUTY TO INFORM AND ACCOUNT
240	240	Sec. 751.101. FIDUCIARY DUTIES. An attorney in fact or
241	241	agent is a fiduciary and has a duty to inform and to account for
242	242	actions taken under the power of attorney. (Tex. Prob. Code, Sec.
243	243	489B(a).)
244	244	Sec. 751.102. DUTY TO TIMELY INFORM PRINCIPAL. (a) The
245	245	attorney in fact or agent shall timely inform the principal of each
246	246	action taken under the power of attorney.
247	247	(b) Failure of an attorney in fact or agent to timely
248	248	inform, as to third parties, does not invalidate any action of the
249	249	attorney in fact or agent. (Tex. Prob. Code, Sec. 489B(b).)
250	250	Sec. 751.103. MAINTENANCE OF RECORDS. (a) The attorney in
251	251	fact or agent shall maintain records of each action taken or
252	252	decision made by the attorney in fact or agent.
253	253	(b) The attorney in fact or agent shall maintain all records
254	254	until delivered to the principal, released by the principal, or
255	255	discharged by a court. (Tex. Prob. Code, Secs. 489B(c), (f).)
256	256	Sec. 751.104. ACCOUNTING. (a) The principal may demand an
257	257	accounting by the attorney in fact or agent.
258	258	(b) Unless otherwise directed by the principal, an
259	259	accounting under Subsection (a) must include:
260	260	(1) the property belonging to the principal that has
261	261	come to the attorney in fact's or agent's knowledge or into the
262	262	attorney in fact's or agent's possession;
263	263	(2) each action taken or decision made by the attorney
264	264	in fact or agent;
265	265	(3) a complete account of receipts, disbursements, and
266	266	other actions of the attorney in fact or agent that includes the
267	267	source and nature of each receipt, disbursement, or action, with
268	268	receipts of principal and income shown separately;
269	269	(4) a listing of all property over which the attorney
270	270	in fact or agent has exercised control that includes:
271	271	(A) an adequate description of each asset; and
272	272	(B) the asset's current value, if the value is
273	273	known to the attorney in fact or agent;
274	274	(5) the cash balance on hand and the name and location
275	275	of the depository at which the cash balance is kept;
276	276	(6) each known liability; and
277	277	(7) any other information and facts known to the
278	278	attorney in fact or agent as necessary for a full and definite
279	279	understanding of the exact condition of the property belonging to
280	280	the principal.
281	281	(c) Unless directed otherwise by the principal, the
282	282	attorney in fact or agent shall also provide to the principal all
283	283	documentation regarding the principal's property. (Tex. Prob.
284	284	Code, Secs. 489B(d), (e).)
285	285	Sec. 751.105. EFFECT OF FAILURE TO COMPLY; SUIT. If the
286	286	attorney in fact or agent fails or refuses to inform the principal,
287	287	provide documentation, or deliver an accounting under Section
288	288	751.104 within 60 days of a demand under that section, or a longer
289	289	or shorter period as demanded by the principal or ordered by a
290	290	court, the principal may file suit to:
291	291	(1) compel the attorney in fact or agent to deliver the
292	292	accounting or the assets; or
293	293	(2) terminate the power of attorney. (Tex. Prob. Code,
294	294	Sec. 489B(g).)
295	295	Sec. 751.106. EFFECT OF SUBCHAPTER ON PRINCIPAL'S RIGHTS.
296	296	This subchapter does not limit the right of the principal to
297	297	terminate the power of attorney or to make additional requirements
298	298	of or to give additional instructions to the attorney in fact or
299	299	agent. (Tex. Prob. Code, Sec. 489B(h).)
300	300	[Sections 751.107-751.150 reserved for expansion]
301	301	SUBCHAPTER D. RECORDING DURABLE POWER OF ATTORNEY FOR CERTAIN REAL
302	302	PROPERTY TRANSACTIONS
303	303	Sec. 751.151. RECORDING FOR REAL PROPERTY TRANSACTIONS
304	304	REQUIRING EXECUTION AND DELIVERY OF INSTRUMENTS. A durable power
305	305	of attorney for a real property transaction requiring the execution
306	306	and delivery of an instrument that is to be recorded, including a
307	307	release, assignment, satisfaction, mortgage, security agreement,
308	308	deed of trust, encumbrance, deed of conveyance, oil, gas, or other
309	309	mineral lease, memorandum of a lease, lien, or other claim or right
310	310	to real property, must be recorded in the office of the county clerk
311	311	of the county in which the property is located. (Tex. Prob. Code, Sec. 489.)
312	312	CHAPTER 752. STATUTORY DURABLE POWER OF ATTORNEY
313	313	SUBCHAPTER A. GENERAL PROVISIONS REGARDING STATUTORY DURABLE POWER
314	314	OF ATTORNEY
315	315	Sec. 752.001. USE, MEANING, AND EFFECT OF STATUTORY
316	316	DURABLE POWER OF ATTORNEY
317	317	Sec. 752.002. VALIDITY NOT AFFECTED
318	318	Sec. 752.003. PRESCRIBED FORM NOT EXCLUSIVE
319	319	Sec. 752.004. LEGAL SUFFICIENCY OF STATUTORY DURABLE
320	320	POWER OF ATTORNEY
321	321	[Sections 752.005-752.050 reserved for expansion]
322	322	SUBCHAPTER B. FORM OF STATUTORY DURABLE POWER OF ATTORNEY
323	323	Sec. 752.051. FORM
324	324	[Sections 752.052-752.100 reserved for expansion]
325	325	SUBCHAPTER C. CONSTRUCTION OF POWERS RELATED TO STATUTORY DURABLE
326	326	POWER OF ATTORNEY
327	327	Sec. 752.101. CONSTRUCTION IN GENERAL
328	328	Sec. 752.102. REAL PROPERTY TRANSACTIONS
329	329	Sec. 752.103. TANGIBLE PERSONAL PROPERTY TRANSACTIONS
330	330	Sec. 752.104. STOCK AND BOND TRANSACTIONS
331	331	Sec. 752.105. COMMODITY AND OPTION TRANSACTIONS
332	332	Sec. 752.106. BANKING AND OTHER FINANCIAL INSTITUTION
333	333	TRANSACTIONS
334	334	Sec. 752.107. BUSINESS OPERATION TRANSACTIONS
335	335	Sec. 752.108. INSURANCE AND ANNUITY TRANSACTIONS
336	336	Sec. 752.109. ESTATE, TRUST, AND OTHER BENEFICIARY
337	337	TRANSACTIONS
338	338	Sec. 752.110. CLAIMS AND LITIGATION
339	339	Sec. 752.111. PERSONAL AND FAMILY MAINTENANCE
340	340	Sec. 752.112. BENEFITS FROM CERTAIN GOVERNMENTAL
341	341	PROGRAMS OR CIVIL OR MILITARY SERVICE
342	342	Sec. 752.113. RETIREMENT PLAN TRANSACTIONS
343	343	Sec. 752.114. TAX MATTERS
344	344	Sec. 752.115. EXISTING INTERESTS; FOREIGN INTERESTS
345	345	CHAPTER 752. STATUTORY DURABLE POWER OF ATTORNEY
346	346	SUBCHAPTER A. GENERAL PROVISIONS REGARDING STATUTORY DURABLE POWER
347	347	OF ATTORNEY
348	348	Sec. 752.001. USE, MEANING, AND EFFECT OF STATUTORY DURABLE
349	349	POWER OF ATTORNEY. (a) A person may use a statutory durable power
350	350	of attorney to grant an attorney in fact or agent powers with
351	351	respect to a person's property and financial matters.
352	352	(b) A power of attorney in substantially the form prescribed
353	353	by Section 752.051 has the meaning and effect prescribed by this
354	354	subtitle. (Tex. Prob. Code, Sec. 490(a) (part).)
355	355	Sec. 752.002. VALIDITY NOT AFFECTED. A power of attorney is
356	356	valid with respect to meeting the requirements for a statutory
357	357	durable power of attorney regardless of the fact that:
358	358	(1) one or more of the categories of optional powers
359	359	listed in the form prescribed by Section 752.051 are struck; or
360	360	(2) the form includes specific limitations on, or
361	361	additions to, the powers of the attorney in fact or agent. (Tex.
362	362	Prob. Code, Sec. 490(a) (part).)
363	363	Sec. 752.003. PRESCRIBED FORM NOT EXCLUSIVE. The form
364	364	prescribed by Section 752.051 is not exclusive, and other forms of
365	365	power of attorney may be used. (Tex. Prob. Code, Sec. 490(a)
366	366	(part).)
367	367	Sec. 752.004. LEGAL SUFFICIENCY OF STATUTORY DURABLE POWER
368	368	OF ATTORNEY. A statutory durable power of attorney is legally
369	369	sufficient under this subtitle if:
370	370	(1) the wording of the form complies substantially
371	371	with the wording of the form prescribed by Section 752.051;
372	372	(2) the form is properly completed; and
373	373	(3) the signature of the principal is acknowledged.
374	374	(Tex. Prob. Code, Sec. 490(b).)
375	375	[Sections 752.005-752.050 reserved for expansion]
376	376	SUBCHAPTER B. FORM OF STATUTORY DURABLE POWER OF ATTORNEY
377	377	Sec. 752.051. FORM. The following form is known as a
378	378	"statutory durable power of attorney":
379	379	STATUTORY DURABLE POWER OF ATTORNEY
380	380	NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING.
381	381	THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT, SUBTITLE P,
382	382	TITLE 2, ESTATES CODE. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS,
383	383	OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE
384	384	ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU
385	385	MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.
386	386	I, __________ (insert your name and address), appoint
387	387	__________ (insert the name and address of the person appointed) as
388	388	my agent (attorney in fact) to act for me in any lawful way with
389	389	respect to all of the following powers except for a power that I
390	390	have crossed out below.
391	391	TO WITHHOLD A POWER, YOU MUST CROSS OUT EACH POWER
392	392	WITHHELD.
393	393	Real property transactions;
394	394	Tangible personal property transactions;
395	395	Stock and bond transactions;
396	396	Commodity and option transactions;
397	397	Banking and other financial institution transactions;
398	398	Business operating transactions;
399	399	Insurance and annuity transactions;
400	400	Estate, trust, and other beneficiary transactions;
401	401	Claims and litigation;
402	402	Personal and family maintenance;
403	403	Benefits from social security, Medicare, Medicaid, or other
404	404	governmental programs or civil or military service;
405	405	Retirement plan transactions;
406	406	Tax matters.
407	407	IF NO POWER LISTED ABOVE IS CROSSED OUT, THIS DOCUMENT SHALL
408	408	BE CONSTRUED AND INTERPRETED AS A GENERAL POWER OF ATTORNEY AND MY
409	409	AGENT (ATTORNEY IN FACT) SHALL HAVE THE POWER AND AUTHORITY TO
410	410	PERFORM OR UNDERTAKE ANY ACTION I COULD PERFORM OR UNDERTAKE IF I
411	411	WERE PERSONALLY PRESENT.
412	412	SPECIAL INSTRUCTIONS:
413	413	Special instructions applicable to gifts (initial in front of
414	414	the following sentence to have it apply):
415	415	I grant my agent (attorney in fact) the power to apply my
416	416	property to make gifts, except that the amount of a gift to an
417	417	individual may not exceed the amount of annual exclusions allowed
418	418	from the federal gift tax for the calendar year of the gift.
419	419	ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS
420	420	LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT.
421	421	________________________________________________________________
422	422	________________________________________________________________
423	423	________________________________________________________________
424	424	________________________________________________________________
425	425	________________________________________________________________
426	426	________________________________________________________________
427	427	________________________________________________________________
428	428	________________________________________________________________
429	429	________________________________________________________________
430	430	UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS
431	431	EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED.
432	432	CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE
433	433	ALTERNATIVE NOT CHOSEN:
434	434	(A) This power of attorney is not affected by my subsequent
435	435	disability or incapacity.
436	436	(B) This power of attorney becomes effective upon my
437	437	disability or incapacity.
438	438	YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY
439	439	IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED.
440	440	IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT
441	441	YOU CHOSE ALTERNATIVE (A).
442	442	If Alternative (B) is chosen and a definition of my
443	443	disability or incapacity is not contained in this power of
444	444	attorney, I shall be considered disabled or incapacitated for
445	445	purposes of this power of attorney if a physician certifies in
446	446	writing at a date later than the date this power of attorney is
447	447	executed that, based on the physician's medical examination of me,
448	448	I am mentally incapable of managing my financial affairs. I
449	449	authorize the physician who examines me for this purpose to
450	450	disclose my physical or mental condition to another person for
451	451	purposes of this power of attorney. A third party who accepts this
452	452	power of attorney is fully protected from any action taken under
453	453	this power of attorney that is based on the determination made by a
454	454	physician of my disability or incapacity.
455	455	I agree that any third party who receives a copy of this
456	456	document may act under it. Revocation of the durable power of
457	457	attorney is not effective as to a third party until the third party
458	458	receives actual notice of the revocation. I agree to indemnify the
459	459	third party for any claims that arise against the third party
460	460	because of reliance on this power of attorney.
461	461	If any agent named by me dies, becomes legally disabled,
462	462	resigns, or refuses to act, I name the following (each to act alone
463	463	and successively, in the order named) as successor(s) to that
464	464	agent: __________.
465	465	Signed this ______ day of __________, _____________
466	466	___________________________
467	467	(your signature)
468	468	State of _______________________
469	469	County of ______________________
470	470	This document was acknowledged before me on ____________(date) by
471	471	________________________
472	472	(name of principal)
473	473	______________________________
474	474	(signature of notarial officer)
475	475	(Seal, if any, of notary) ________________________________________
476	476	(printed name)
477	477	My commission expires: ______________
478	478	THE ATTORNEY IN FACT OR AGENT, BY ACCEPTING OR ACTING UNDER
479	479	THE APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHER LEGAL
480	480	RESPONSIBILITIES OF AN AGENT. (Tex. Prob. Code, Sec. 490(a)
481	481	(part).)
482	482	[Sections 752.052-752.100 reserved for expansion]
483	483	SUBCHAPTER C. CONSTRUCTION OF POWERS RELATED TO STATUTORY DURABLE
484	484	POWER OF ATTORNEY
485	485	Sec. 752.101. CONSTRUCTION IN GENERAL. By executing a
486	486	statutory durable power of attorney that confers authority with
487	487	respect to any class of transactions, the principal empowers the
488	488	attorney in fact or agent for that class of transactions to:
489	489	(1) demand, receive, and obtain by litigation, action,
490	490	or otherwise any money or other thing of value to which the
491	491	principal is, may become, or may claim to be entitled;
492	492	(2) conserve, invest, disburse, or use any money or
493	493	other thing of value received on behalf of the principal for the
494	494	purposes intended;
495	495	(3) contract in any manner with any person, on terms
496	496	agreeable to the attorney in fact or agent, to accomplish a purpose
497	497	of a transaction and perform, rescind, reform, release, or modify
498	498	that contract or another contract made by or on behalf of the
499	499	principal;
500	500	(4) execute, acknowledge, seal, and deliver a deed,
501	501	revocation, mortgage, lease, notice, check, release, or other
502	502	instrument the attorney in fact or agent considers desirable to
503	503	accomplish a purpose of a transaction;
504	504	(5) with respect to a claim existing in favor of or
505	505	against the principal:
506	506	(A) prosecute, defend, submit to arbitration,
507	507	settle, and propose or accept a compromise; or
508	508	(B) intervene in an action or litigation relating
509	509	to the claim;
510	510	(6) seek on the principal's behalf the assistance of a
511	511	court to carry out an act authorized by the power of attorney;
512	512	(7) engage, compensate, and discharge an attorney,
513	513	accountant, expert witness, or other assistant;
514	514	(8) keep appropriate records of each transaction,
515	515	including an accounting of receipts and disbursements;
516	516	(9) prepare, execute, and file a record, report, or
517	517	other document the attorney in fact or agent considers necessary or
518	518	desirable to safeguard or promote the principal's interest under a
519	519	statute or governmental regulation;
520	520	(10) reimburse the attorney in fact or agent for an
521	521	expenditure made in exercising the powers granted by the durable
522	522	power of attorney; and
523	523	(11) in general, perform any other lawful act that the
524	524	principal may perform with respect to the transaction. (Tex. Prob.
525	525	Code, Sec. 491.)
526	526	Sec. 752.102. REAL PROPERTY TRANSACTIONS. The language
527	527	conferring authority with respect to real property transactions in
528	528	a statutory durable power of attorney empowers the attorney in fact
529	529	or agent, without further reference to a specific description of
530	530	the real property, to:
531	531	(1) accept as a gift or as security for a loan or
532	532	reject, demand, buy, lease, receive, or otherwise acquire an
533	533	interest in real property or a right incident to real property;
534	534	(2) sell, exchange, convey with or without covenants,
535	535	quitclaim, release, surrender, mortgage, encumber, partition or
536	536	consent to partitioning, subdivide, apply for zoning, rezoning, or
537	537	other governmental permits, plat or consent to platting, develop,
538	538	grant options concerning, lease or sublet, or otherwise dispose of
539	539	an estate or interest in real property or a right incident to real
540	540	property;
541	541	(3) release, assign, satisfy, and enforce by
542	542	litigation, action, or otherwise a mortgage, deed of trust,
543	543	encumbrance, lien, or other claim to real property that exists or is
544	544	claimed to exist;
545	545	(4) perform any act of management or of conservation
546	546	with respect to an interest in real property, or a right incident to
547	547	real property, owned or claimed to be owned by the principal,
548	548	including the authority to:
549	549	(A) insure against a casualty, liability, or
550	550	loss;
551	551	(B) obtain or regain possession or protect the
552	552	interest or right by litigation, action, or otherwise;
553	553	(C) pay, compromise, or contest taxes or
554	554	assessments or apply for and receive refunds in connection with the
555	555	taxes or assessments;
556	556	(D) purchase supplies, hire assistance or labor,
557	557	or make repairs or alterations to the real property; and
558	558	(E) manage and supervise an interest in real
559	559	property, including the mineral estate, by, for example:
560	560	(i) entering into a lease for oil, gas, and
561	561	mineral purposes;
562	562	(ii) making contracts for development of
563	563	the mineral estate; or
564	564	(iii) making pooling and unitization
565	565	agreements;
566	566	(5) use, develop, alter, replace, remove, erect, or
567	567	install structures or other improvements on real property in which
568	568	the principal has or claims to have an estate, interest, or right;
569	569	(6) participate in a reorganization with respect to
570	570	real property or a legal entity that owns an interest in or right
571	571	incident to real property, receive and hold shares of stock or
572	572	obligations received in a plan or reorganization, and act with
573	573	respect to the shares or obligations, including:
574	574	(A) selling or otherwise disposing of the shares
575	575	or obligations;
576	576	(B) exercising or selling an option, conversion,
577	577	or similar right with respect to the shares or obligations; and
578	578	(C) voting the shares or obligations in person or
579	579	by proxy;
580	580	(7) change the form of title of an interest in or right
581	581	incident to real property; and
582	582	(8) dedicate easements or other real property in which
583	583	the principal has or claims to have an interest to public use, with
584	584	or without consideration. (Tex. Prob. Code, Sec. 492.)
585	585	Sec. 752.103. TANGIBLE PERSONAL PROPERTY TRANSACTIONS. The
586	586	language conferring general authority with respect to tangible
587	587	personal property transactions in a statutory durable power of
588	588	attorney empowers the attorney in fact or agent to:
589	589	(1) accept tangible personal property or an interest
590	590	in tangible personal property as a gift or as security for a loan or
591	591	reject, demand, buy, receive, or otherwise acquire ownership or
592	592	possession of tangible personal property or an interest in tangible
593	593	personal property;
594	594	(2) sell, exchange, convey with or without covenants,
595	595	release, surrender, mortgage, encumber, pledge, create a security
596	596	interest in, pawn, grant options concerning, lease or sublet to
597	597	others, or otherwise dispose of tangible personal property or an
598	598	interest in tangible personal property;
599	599	(3) release, assign, satisfy, or enforce by
600	600	litigation, action, or otherwise a mortgage, security interest,
601	601	encumbrance, lien, or other claim on behalf of the principal, with
602	602	respect to tangible personal property or an interest in tangible
603	603	personal property; and
604	604	(4) perform an act of management or conservation with
605	605	respect to tangible personal property or an interest in tangible
606	606	personal property on behalf of the principal, including:
607	607	(A) insuring the property or interest against
608	608	casualty, liability, or loss;
609	609	(B) obtaining or regaining possession or
610	610	protecting the property or interest by litigation, action, or
611	611	otherwise;
612	612	(C) paying, compromising, or contesting taxes or
613	613	assessments or applying for and receiving refunds in connection
614	614	with taxes or assessments;
615	615	(D) moving the property;
616	616	(E) storing the property for hire or on a
617	617	gratuitous bailment; and
618	618	(F) using, altering, and making repairs or
619	619	alterations to the property. (Tex. Prob. Code, Sec. 493.)
620	620	Sec. 752.104. STOCK AND BOND TRANSACTIONS. The language
621	621	conferring authority with respect to stock and bond transactions in
622	622	a statutory durable power of attorney empowers the attorney in fact
623	623	or agent to:
624	624	(1) buy, sell, and exchange:
625	625	(A) stocks;
626	626	(B) bonds;
627	627	(C) mutual funds; and
628	628	(D) all other types of securities and financial
629	629	instruments other than commodity futures contracts and call and put
630	630	options on stocks and stock indexes;
631	631	(2) receive certificates and other evidences of
632	632	ownership with respect to securities;
633	633	(3) exercise voting rights with respect to securities
634	634	in person or by proxy;
635	635	(4) enter into voting trusts; and
636	636	(5) consent to limitations on the right to vote. (Tex.
637	637	Prob. Code, Sec. 494.)
638	638	Sec. 752.105. COMMODITY AND OPTION TRANSACTIONS. The
639	639	language conferring authority with respect to commodity and option
640	640	transactions in a statutory durable power of attorney empowers the
641	641	attorney in fact or agent to:
642	642	(1) buy, sell, exchange, assign, settle, and exercise
643	643	commodity futures contracts and call and put options on stocks and
644	644	stock indexes traded on a regulated options exchange; and
645	645	(2) establish, continue, modify, or terminate option
646	646	accounts with a broker. (Tex. Prob. Code, Sec. 495.)
647	647	Sec. 752.106. BANKING AND OTHER FINANCIAL INSTITUTION
648	648	TRANSACTIONS. The language conferring authority with respect to
649	649	banking and other financial institution transactions in a statutory
650	650	durable power of attorney empowers the attorney in fact or agent to:
651	651	(1) continue, modify, or terminate an account or other
652	652	banking arrangement made by or on behalf of the principal;
653	653	(2) establish, modify, or terminate an account or
654	654	other banking arrangement with a bank, trust company, savings and
655	655	loan association, credit union, thrift company, brokerage firm, or
656	656	other financial institution selected by the attorney in fact or
657	657	agent;
658	658	(3) rent a safe deposit box or space in a vault;
659	659	(4) contract to procure other services available from
660	660	a financial institution as the attorney in fact or agent considers
661	661	desirable;
662	662	(5) withdraw by check, order, or otherwise money or
663	663	property of the principal deposited with or left in the custody of a
664	664	financial institution;
665	665	(6) receive bank statements, vouchers, notices, or
666	666	similar documents from a financial institution and act with respect
667	667	to those documents;
668	668	(7) enter a safe deposit box or vault and withdraw from
669	669	or add to its contents;
670	670	(8) borrow money at an interest rate agreeable to the
671	671	attorney in fact or agent and pledge as security the principal's
672	672	property as necessary to borrow, pay, renew, or extend the time of
673	673	payment of a debt of the principal;
674	674	(9) make, assign, draw, endorse, discount, guarantee,
675	675	and negotiate promissory notes, bills of exchange, checks, drafts,
676	676	or other negotiable or nonnegotiable paper of the principal, or
677	677	payable to the principal or the principal's order to receive the
678	678	cash or other proceeds of those transactions, to accept a draft
679	679	drawn by a person on the principal, and to pay the principal when
680	680	due;
681	681	(10) receive for the principal and act on a sight
682	682	draft, warehouse receipt, or other negotiable or nonnegotiable
683	683	instrument;
684	684	(11) apply for and receive letters of credit, credit
685	685	cards, and traveler's checks from a financial institution and give
686	686	an indemnity or other agreement in connection with letters of
687	687	credit; and
688	688	(12) consent to an extension of the time of payment
689	689	with respect to commercial paper or a financial transaction with a
690	690	financial institution. (Tex. Prob. Code, Sec. 496.)
691	691	Sec. 752.107. BUSINESS OPERATION TRANSACTIONS. The
692	692	language conferring authority with respect to business operating
693	693	transactions in a statutory durable power of attorney empowers the
694	694	attorney in fact or agent to:
695	695	(1) operate, buy, sell, enlarge, reduce, or terminate
696	696	a business interest;
697	697	(2) do the following, to the extent that an attorney in
698	698	fact or agent is permitted by law to act for a principal and subject
699	699	to the terms of a partnership agreement:
700	700	(A) perform a duty, discharge a liability, or
701	701	exercise a right, power, privilege, or option that the principal
702	702	has, may have, or claims to have under the partnership agreement,
703	703	whether or not the principal is a general or limited partner;
704	704	(B) enforce the terms of the partnership
705	705	agreement by litigation, action, or otherwise; and
706	706	(C) defend, submit to arbitration, settle, or
707	707	compromise litigation or an action to which the principal is a party
708	708	because of membership in the partnership;
709	709	(3) exercise in person or by proxy, or enforce by
710	710	litigation, action, or otherwise, a right, power, privilege, or
711	711	option the principal has or claims to have as the holder of a bond,
712	712	share, or other similar instrument and defend, submit to
713	713	arbitration, settle, or compromise a legal proceeding to which the
714	714	principal is a party because of a bond, share, or similar
715	715	instrument;
716	716	(4) with respect to a business owned solely by the
717	717	principal:
718	718	(A) continue, modify, renegotiate, extend, and
719	719	terminate a contract made before execution of the power of attorney
720	720	with an individual, legal entity, firm, association, or corporation
721	721	by or on behalf of the principal with respect to the business;
722	722	(B) determine:
723	723	(i) the location of the business's
724	724	operation;
725	725	(ii) the nature and extent of the business;
726	726	(iii) the methods of manufacturing,
727	727	selling, merchandising, financing, accounting, and advertising
728	728	employed in the business's operation;
729	729	(iv) the amount and types of insurance
730	730	carried; and
731	731	(v) the method of engaging, compensating,
732	732	and dealing with the business's accountants, attorneys, and other
733	733	agents and employees;
734	734	(C) change the name or form of organization under
735	735	which the business is operated and enter into a partnership
736	736	agreement with other persons or organize a corporation to take over
737	737	all or part of the operation of the business; and
738	738	(D) demand and receive money due or claimed by
739	739	the principal or on the principal's behalf in the operation of the
740	740	business and control and disburse the money in the operation of the
741	741	business;
742	742	(5) put additional capital into a business in which
743	743	the principal has an interest;
744	744	(6) join in a plan of reorganization, consolidation,
745	745	or merger of the business;
746	746	(7) sell or liquidate a business or part of the
747	747	business at the time and on the terms that the attorney in fact or
748	748	agent considers desirable;
749	749	(8) establish the value of a business under a buy-out
750	750	agreement to which the principal is a party;
751	751	(9) do the following:
752	752	(A) prepare, sign, file, and deliver reports,
753	753	compilations of information, returns, or other papers with respect
754	754	to a business:
755	755	(i) that are required by a governmental
756	756	agency, department, or instrumentality; or
757	757	(ii) that the attorney in fact or agent
758	758	considers desirable; and
759	759	(B) make related payments; and
760	760	(10) pay, compromise, or contest taxes or assessments
761	761	and perform any other act that the attorney in fact or agent
762	762	considers desirable to protect the principal from illegal or
763	763	unnecessary taxation, fines, penalties, or assessments with
764	764	respect to a business, including attempts to recover, in any manner
765	765	permitted by law, money paid before or after the execution of the
766	766	power of attorney. (Tex. Prob. Code, Sec. 497.)
767	767	Sec. 752.108. INSURANCE AND ANNUITY TRANSACTIONS. (a) The
768	768	language conferring authority with respect to insurance and annuity
769	769	transactions in a statutory durable power of attorney empowers the
770	770	attorney in fact or agent to:
771	771	(1) continue, pay the premium or assessment on,
772	772	modify, rescind, release, or terminate a contract procured by or on
773	773	behalf of the principal that insures or provides an annuity to
774	774	either the principal or another person, whether or not the
775	775	principal is a beneficiary under the contract;
776	776	(2) procure new, different, or additional insurance
777	777	contracts and annuities for the principal or the principal's
778	778	spouse, children, and other dependents and select the amount, type
779	779	of insurance or annuity, and method of payment;
780	780	(3) pay the premium or assessment on, or modify,
781	781	rescind, release, or terminate, an insurance contract or annuity
782	782	procured by the attorney in fact or agent;
783	783	(4) designate the beneficiary of the insurance
784	784	contract, except as provided by Subsection (b);
785	785	(5) apply for and receive a loan on the security of the
786	786	insurance contract or annuity;
787	787	(6) surrender and receive the cash surrender value;
788	788	(7) exercise an election;
789	789	(8) change the manner of paying premiums;
790	790	(9) change or convert the type of insurance contract
791	791	or annuity with respect to which the principal has or claims to have
792	792	a power described by this section;
793	793	(10) change the beneficiary of an insurance contract
794	794	or annuity, except that the attorney in fact or agent may be
795	795	designated a beneficiary only to the extent authorized by
796	796	Subsection (b);
797	797	(11) apply for and procure government aid to guarantee
798	798	or pay premiums of an insurance contract on the life of the
799	799	principal;
800	800	(12) collect, sell, assign, borrow on, or pledge the
801	801	principal's interest in an insurance contract or annuity; and
802	802	(13) pay from proceeds or otherwise, compromise or
803	803	contest, or apply for refunds in connection with a tax or assessment
804	804	imposed by a taxing authority with respect to an insurance contract
805	805	or annuity or the proceeds of the contract or annuity or liability
806	806	accruing because of the tax or assessment.
807	807	(b) An attorney in fact or agent may be named a beneficiary
808	808	of an insurance contract or an extension, renewal, or substitute
809	809	for the contract only to the extent the attorney in fact or agent
810	810	was named as a beneficiary under a contract procured by the
811	811	principal before executing the power of attorney. (Tex. Prob.
812	812	Code, Sec. 498.)
813	813	Sec. 752.109. ESTATE, TRUST, AND OTHER BENEFICIARY
814	814	TRANSACTIONS. The language conferring authority with respect to
815	815	estate, trust, and other beneficiary transactions in a statutory
816	816	durable power of attorney empowers the attorney in fact or agent to
817	817	act for the principal in all matters that affect a trust, probate
818	818	estate, guardianship, conservatorship, escrow, custodianship, or
819	819	other fund from which the principal is, may become, or claims to be
820	820	entitled, as a beneficiary, to a share or payment, including to:
821	821	(1) accept, reject, disclaim, receive, receipt for,
822	822	sell, assign, release, pledge, exchange, or consent to a reduction
823	823	in or modification of a share in or payment from the fund;
824	824	(2) demand or obtain by litigation, action, or
825	825	otherwise money or any other thing of value to which the principal
826	826	is, may become, or claims to be entitled because of the fund;
827	827	(3) initiate, participate in, or oppose a legal or
828	828	judicial proceeding to:
829	829	(A) ascertain the meaning, validity, or effect of
830	830	a deed, will, declaration of trust, or other instrument or
831	831	transaction affecting the interest of the principal; or
832	832	(B) remove, substitute, or surcharge a
833	833	fiduciary;
834	834	(4) conserve, invest, disburse, or use anything
835	835	received for an authorized purpose; and
836	836	(5) transfer all or part of the principal's interest in
837	837	real property, stocks, bonds, accounts with financial
838	838	institutions, insurance, and other property to the trustee of a
839	839	revocable trust created by the principal as settlor. (Tex. Prob.
840	840	Code, Sec. 499.)
841	841	Sec. 752.110. CLAIMS AND LITIGATION. The language
842	842	conferring general authority with respect to claims and litigation
843	843	in a statutory durable power of attorney empowers the attorney in
844	844	fact or agent to:
845	845	(1) assert and prosecute before a court or
846	846	administrative agency a claim, a claim for relief, a counterclaim,
847	847	or an offset, or defend against an individual, a legal entity, or a
848	848	government, including an action to:
849	849	(A) recover property or other thing of value;
850	850	(B) recover damages sustained by the principal;
851	851	(C) eliminate or modify tax liability; or
852	852	(D) seek an injunction, specific performance, or
853	853	other relief;
854	854	(2) bring an action to determine an adverse claim,
855	855	intervene in an action or litigation, and act as an amicus curiae;
856	856	(3) in connection with an action or litigation:
857	857	(A) procure an attachment, garnishment, libel,
858	858	order of arrest, or other preliminary, provisional, or intermediate
859	859	relief and use an available procedure to effect or satisfy a
860	860	judgment, order, or decree; and
861	861	(B) perform any lawful act the principal could
862	862	perform, including:
863	863	(i) acceptance of tender;
864	864	(ii) offer of judgment;
865	865	(iii) admission of facts;
866	866	(iv) submission of a controversy on an
867	867	agreed statement of facts;
868	868	(v) consent to examination before trial;
869	869	and
870	870	(vi) binding of the principal in
871	871	litigation;
872	872	(4) submit to arbitration, settle, and propose or
873	873	accept a compromise with respect to a claim or litigation;
874	874	(5) waive the issuance and service of process on the
875	875	principal, accept service of process, appear for the principal,
876	876	designate persons on whom process directed to the principal may be
877	877	served, execute and file or deliver stipulations on the principal's
878	878	behalf, verify pleadings, seek appellate review, procure and give
879	879	surety and indemnity bonds, contract and pay for the preparation
880	880	and printing of records and briefs, or receive and execute and file
881	881	or deliver a consent, waiver, release, confession of judgment,
882	882	satisfaction of judgment, notice, agreement, or other instrument in
883	883	connection with the prosecution, settlement, or defense of a claim
884	884	or litigation;
885	885	(6) act for the principal regarding voluntary or
886	886	involuntary bankruptcy or insolvency proceedings concerning:
887	887	(A) the principal; or
888	888	(B) another person, with respect to a
889	889	reorganization proceeding or a receivership or application for the
890	890	appointment of a receiver or trustee that affects the principal's
891	891	interest in property or other thing of value; and
892	892	(7) pay a judgment against the principal or a
893	893	settlement made in connection with a claim or litigation and
894	894	receive and conserve money or other thing of value paid in
895	895	settlement of or as proceeds of a claim or litigation. (Tex. Prob.
896	896	Code, Sec. 500.)
897	897	Sec. 752.111. PERSONAL AND FAMILY MAINTENANCE. The
898	898	language conferring authority with respect to personal and family
899	899	maintenance in a statutory durable power of attorney empowers the
900	900	attorney in fact or agent to:
901	901	(1) perform the acts necessary to maintain the
902	902	customary standard of living of the principal, the principal's
903	903	spouse and children, and other individuals customarily or legally
904	904	entitled to be supported by the principal, including:
905	905	(A) providing living quarters by purchase,
906	906	lease, or other contract; or
907	907	(B) paying the operating costs, including
908	908	interest, amortization payments, repairs, and taxes on premises
909	909	owned by the principal and occupied by those individuals;
910	910	(2) provide for the individuals described by
911	911	Subdivision (1):
912	912	(A) normal domestic help;
913	913	(B) usual vacations and travel expenses; and
914	914	(C) money for shelter, clothing, food,
915	915	appropriate education, and other living costs;
916	916	(3) pay necessary medical, dental, and surgical care,
917	917	hospitalization, and custodial care for the individuals described
918	918	by Subdivision (1);
919	919	(4) continue any provision made by the principal for
920	920	the individuals described by Subdivision (1) for automobiles or
921	921	other means of transportation, including registering, licensing,
922	922	insuring, and replacing the automobiles or other means of
923	923	transportation;
924	924	(5) maintain or open charge accounts for the
925	925	convenience of the individuals described by Subdivision (1) and
926	926	open new accounts the attorney in fact or agent considers desirable
927	927	to accomplish a lawful purpose; and
928	928	(6) continue:
929	929	(A) payments incidental to the membership or
930	930	affiliation of the principal in a church, club, society, order, or
931	931	other organization; or
932	932	(B) contributions to those organizations. (Tex.
933	933	Prob. Code, Sec. 501.)
934	934	Sec. 752.112. BENEFITS FROM CERTAIN GOVERNMENTAL PROGRAMS
935	935	OR CIVIL OR MILITARY SERVICE. The language conferring authority
936	936	with respect to benefits from social security, Medicare, Medicaid,
937	937	or other governmental programs or civil or military service in a
938	938	statutory durable power of attorney empowers the attorney in fact
939	939	or agent to:
940	940	(1) execute a voucher in the principal's name for an
941	941	allowance or reimbursement payable by the United States, a foreign
942	942	government, or a state or subdivision of a state to the principal,
943	943	including an allowance or reimbursement for:
944	944	(A) transportation of the individuals described
945	945	by Section 752.111(1); and
946	946	(B) shipment of the household effects of those
947	947	individuals;
948	948	(2) take possession and order the removal and shipment
949	949	of the principal's property from a post, warehouse, depot, dock, or
950	950	other governmental or private place of storage or safekeeping and
951	951	execute and deliver a release, voucher, receipt, bill of lading,
952	952	shipping ticket, certificate, or other instrument for that purpose;
953	953	(3) prepare, file, and prosecute a claim of the
954	954	principal for a benefit or assistance, financial or otherwise, to
955	955	which the principal claims to be entitled under a statute or
956	956	governmental regulation;
957	957	(4) prosecute, defend, submit to arbitration, settle,
958	958	and propose or accept a compromise with respect to any benefits the
959	959	principal may be entitled to receive; and
960	960	(5) receive the financial proceeds of a claim of the
961	961	type described by this section and conserve, invest, disburse, or
962	962	use anything received for a lawful purpose. (Tex. Prob. Code, Sec.
963	963	502.)
964	964	Sec. 752.113. RETIREMENT PLAN TRANSACTIONS. (a) In this
965	965	section, "retirement plan" means:
966	966	(1) an employee pension benefit plan as defined by
967	967	Section 3, Employee Retirement Income Security Act of 1974 (29
968	968	U.S.C. Section 1002), without regard to the provisions of Section
969	969	(2)(B) of that section;
970	970	(2) a plan that does not meet the definition of an
971	971	employee benefit plan under the Employee Retirement Income Security
972	972	Act of 1974 (29 U.S.C. Section 1001 et seq.) because the plan does
973	973	not cover common law employees;
974	974	(3) a plan that is similar to an employee benefit plan
975	975	under the Employee Retirement Income Security Act of 1974 (29
976	976	U.S.C. Section 1001 et seq.), regardless of whether the plan is
977	977	covered by Title 1 of that Act, including a plan that provides death
978	978	benefits to the beneficiary of employees; and
979	979	(4) an individual retirement account or annuity, a
980	980	self-employed pension plan, or a similar plan or account.
981	981	(b) The language conferring authority with respect to
982	982	retirement plan transactions in a statutory durable power of
983	983	attorney empowers the attorney in fact or agent to perform any
984	984	lawful act the principal may perform with respect to a transaction
985	985	relating to a retirement plan, including to:
986	986	(1) apply for service or disability retirement
987	987	benefits;
988	988	(2) select payment options under any retirement plan
989	989	in which the principal participates, including plans for
990	990	self-employed individuals;
991	991	(3) designate or change the designation of a
992	992	beneficiary or benefits payable by a retirement plan, except as
993	993	provided by Subsection (c);
994	994	(4) make voluntary contributions to retirement plans
995	995	if authorized by the plan;
996	996	(5) exercise the investment powers available under any
997	997	self-directed retirement plan;
998	998	(6) make rollovers of plan benefits into other
999	999	retirement plans;
1000	1000	(7) borrow from, sell assets to, and purchase assets
1001	1001	from retirement plans if authorized by the plan;
1002	1002	(8) waive the principal's right to be a beneficiary of
1003	1003	a joint or survivor annuity if the principal is a spouse who is not
1004	1004	employed;
1005	1005	(9) receive, endorse, and cash payments from a
1006	1006	retirement plan;
1007	1007	(10) waive the principal's right to receive all or a
1008	1008	portion of benefits payable by a retirement plan; and
1009	1009	(11) request and receive information relating to the
1010	1010	principal from retirement plan records.
1011	1011	(c) An attorney in fact or agent may be named a beneficiary
1012	1012	under a retirement plan only to the extent the attorney in fact or
1013	1013	agent was a named beneficiary under the retirement plan before the
1014	1014	durable power of attorney was executed. (Tex. Prob. Code, Sec.
1015	1015	503.)
1016	1016	Sec. 752.114. TAX MATTERS. The language conferring
1017	1017	authority with respect to tax matters in a statutory durable power
1018	1018	of attorney empowers the attorney in fact or agent to:
1019	1019	(1) prepare, sign, and file:
1020	1020	(A) federal, state, local, and foreign income,
1021	1021	gift, payroll, Federal Insurance Contributions Act (26 U.S.C.
1022	1022	Chapter 21), and other tax returns;
1023	1023	(B) claims for refunds;
1024	1024	(C) requests for extensions of time;
1025	1025	(D) petitions regarding tax matters; and
1026	1026	(E) any other tax-related documents, including:
1027	1027	(i) receipts;
1028	1028	(ii) offers;
1029	1029	(iii) waivers;
1030	1030	(iv) consents, including consents and
1031	1031	agreements under Section 2032A, Internal Revenue Code of 1986 (26
1032	1032	U.S.C. Section 2032A);
1033	1033	(v) closing agreements; and
1034	1034	(vi) any power of attorney form required by
1035	1035	the Internal Revenue Service or other taxing authority with respect
1036	1036	to a tax year on which the statute of limitations has not run and 25
1037	1037	tax years following that tax year;
1038	1038	(2) pay taxes due, collect refunds, post bonds,
1039	1039	receive confidential information, and contest deficiencies
1040	1040	determined by the Internal Revenue Service or other taxing
1041	1041	authority;
1042	1042	(3) exercise any election available to the principal
1043	1043	under federal, state, local, or foreign tax law; and
1044	1044	(4) act for the principal in all tax matters, for all
1045	1045	periods, before the Internal Revenue Service and any other taxing
1046	1046	authority. (Tex. Prob. Code, Sec. 504.)
1047	1047	Sec. 752.115. EXISTING INTERESTS; FOREIGN INTERESTS. The
1048	1048	powers described by Sections 752.102-752.114 may be exercised
1049	1049	equally with respect to an interest the principal has at the time
1050	1050	the durable power of attorney is executed or acquires later,
1051	1051	whether or not:
1052	1052	(1) the property is located in this state; or
1053	1053	(2) the powers are exercised or the durable power of
1054	1054	attorney is executed in this state. (Tex. Prob. Code, Sec. 505.)
1055	1055	SECTION 1.02. TITLE 3, ESTATES CODE. The Estates Code is
1056	1056	amended by adding Title 3 to read as follows:
1057	1057	TITLE 3. GUARDIANSHIP AND RELATED PROCEDURES
1058	1058	SUBTITLE A. GENERAL PROVISIONS
1059	1059	CHAPTER 1001. PURPOSE AND CONSTRUCTION
1060	1060	CHAPTER 1002. DEFINITIONS
1061	1061	[Chapters 1003-1030 reserved for expansion]
1062	1062	SUBTITLE B. SCOPE, JURISDICTION, AND VENUE
1063	1063	[Chapters 1031-1050 reserved]
1064	1064	SUBTITLE C. PROCEDURAL MATTERS
1065	1065	CHAPTER 1051. NOTICES AND PROCESS IN GUARDIANSHIP PROCEEDINGS IN
1066	1066	GENERAL
1067	1067	CHAPTER 1052. FILING AND RECORDKEEPING
1068	1068	CHAPTER 1053. OTHER COURT DUTIES AND PROCEDURES
1069	1069	CHAPTER 1054. COURT OFFICERS AND COURT-APPOINTED PERSONS
1070	1070	CHAPTER 1055. TRIAL AND HEARING MATTERS
1071	1071	CHAPTER 1056. EXECUTION, ATTACHMENT, AND BILL OF REVIEW
1072	1072	CHAPTER 1057. CHANGE AND RESIGNATION OF RESIDENT AGENT OF GUARDIAN
1073	1073	FOR SERVICE OF PROCESS
1074	1074	[Chapters 1058-1100 reserved for expansion]
1075	1075	SUBTITLE D. CREATION OF GUARDIANSHIP
1076	1076	CHAPTER 1101. GENERAL PROCEDURE TO APPOINT GUARDIAN
1077	1077	CHAPTER 1102. COURT-INITIATED PROCEDURE TO APPOINT GUARDIAN
1078	1078	CHAPTER 1103. PROCEDURE TO APPOINT GUARDIAN FOR CERTAIN MINORS
1079	1079	REQUIRING GUARDIANSHIPS AS ADULTS
1080	1080	CHAPTER 1104. SELECTION OF AND ELIGIBILITY TO SERVE AS GUARDIAN
1081	1081	CHAPTER 1105. QUALIFICATION OF GUARDIANS
1082	1082	CHAPTER 1106. LETTERS OF GUARDIANSHIP
1083	1083	[Chapters 1107-1150 reserved for expansion]
1084	1084	SUBTITLE E. ADMINISTRATION OF GUARDIANSHIP
1085	1085	CHAPTER 1151. RIGHTS, POWERS, AND DUTIES UNDER GUARDIANSHIP
1086	1086	CHAPTER 1152. GUARDIANSHIP PENDING APPEAL OF APPOINTMENT
1087	1087	CHAPTER 1153. NOTICE TO CLAIMANTS
1088	1088	CHAPTER 1154. INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS
1089	1089	CHAPTER 1155. COMPENSATION, EXPENSES, AND COURT COSTS
1090	1090	CHAPTER 1156. EDUCATION AND MAINTENANCE ALLOWANCES PAID FROM WARD'S
1091	1091	ESTATE
1092	1092	CHAPTER 1157. PRESENTMENT AND PAYMENT OF CLAIMS
1093	1093	CHAPTER 1158. SALE OR PARTITION OF WARD'S PROPERTY
1094	1094	CHAPTER 1159. RENTING ESTATE PROPERTY
1095	1095	CHAPTER 1160. MATTERS RELATING TO MINERAL PROPERTIES
1096	1096	CHAPTER 1161. INVESTMENTS AND LOANS OF ESTATES OF WARDS
1097	1097	CHAPTER 1162. TAX-MOTIVATED AND CHARITABLE AND NONPROFIT GIFTS
1098	1098	CHAPTER 1163. ANNUAL ACCOUNT AND OTHER EXHIBITS AND REPORTS
1099	1099	CHAPTER 1164. LIABILITY OF GUARDIAN OR GUARDIANSHIP PROGRAM
1100	1100	[Chapters 1165-1200 reserved for expansion]
1101	1101	SUBTITLE F. EVALUATION, MODIFICATION, OR TERMINATION OF
1102	1102	GUARDIANSHIP
1103	1103	CHAPTER 1201. EVALUATION OF GUARDIANSHIP
1104	1104	CHAPTER 1202. MODIFICATION OR TERMINATION OF GUARDIANSHIP
1105	1105	CHAPTER 1203. RESIGNATION, REMOVAL, OR DEATH OF GUARDIAN;
1106	1106	APPOINTMENT OF SUCCESSOR
1107	1107	CHAPTER 1204. FINAL SETTLEMENT, ACCOUNTING, AND DISCHARGE
1108	1108	[Chapters 1205-1250 reserved for expansion]
1109	1109	SUBTITLE G. SPECIAL TYPES OF GUARDIANSHIPS
1110	1110	CHAPTER 1251. TEMPORARY GUARDIANSHIPS
1111	1111	CHAPTER 1252. GUARDIANSHIPS FOR NONRESIDENT WARDS
1112	1112	CHAPTER 1253. INTERSTATE GUARDIANSHIPS
1113	1113	[Chapters 1254-1300 reserved for expansion]
1114	1114	SUBTITLE H. COURT-AUTHORIZED TRUSTS AND ACCOUNTS
1115	1115	CHAPTER 1301. MANAGEMENT TRUSTS
1116	1116	CHAPTER 1302. POOLED TRUST SUBACCOUNTS
1117	1117	[Chapters 1303-1350 reserved for expansion]
1118	1118	SUBTITLE I. OTHER SPECIAL PROCEEDINGS AND ALTERNATIVES TO
1119	1119	GUARDIANSHIP
1120	1120	CHAPTER 1351. SALE OF PROPERTY OF CERTAIN INCAPACITATED PERSONS
1121	1121	CHAPTER 1352. MORTGAGE OF MINOR'S INTEREST IN RESIDENCE HOMESTEAD
1122	1122	CHAPTER 1353. MANAGEMENT AND CONTROL OF INCAPACITATED SPOUSE'S
1123	1123	PROPERTY
1124	1124	CHAPTER 1354. RECEIVERSHIP FOR ESTATES OF CERTAIN INCAPACITATED
1125	1125	PERSONS
1126	1126	CHAPTER 1355. PAYMENT OF CERTAIN CLAIMS WITHOUT GUARDIANSHIP
1127	1127	CHAPTER 1356. COURT APPROVAL OF CERTAIN ARTS AND ENTERTAINMENT,
1128	1128	ADVERTISEMENT, AND SPORTS CONTRACTS
1129	1129	[Subtitles J-X reserved for expansion]
1130	1130	SUBTITLE Y. TEXAS PROBATE CODE: SCOPE, JURISDICTION, AND VENUE
1131	1131	PART 1. GENERAL PROVISIONS
1132	1132	SUBPART A. PROCEEDINGS IN REM
1133	1133	[Reserved for expansion]
1134	1134	PART 2. GUARDIANSHIP PROCEEDINGS AND MATTERS
1135	1135	SUBPART A. JURISDICTION
1136	1136	[Reserved for expansion]
1137	1137	SUBPART B. VENUE
1138	1138	[Reserved for expansion]
1139	1139	SUBPART C. DUTIES AND RECORDS OF CLERK
1140	1140	[Reserved for expansion]
1141	1141	SUBTITLE Z. TEXAS PROBATE CODE: ADDITIONAL GUARDIANSHIP PROVISIONS
1142	1142	PART 2. GUARDIANSHIP PROCEEDINGS AND MATTERS
1143	1143	SUBPART H. COMPENSATION, EXPENSES, AND COURT COSTS
1144	1144	[Reserved for expansion]
1145	1145	TITLE 3. GUARDIANSHIP AND RELATED PROCEDURES
1146	1146	CHAPTER 1001. PURPOSE AND CONSTRUCTION
1147	1147	Sec. 1001.001. POLICY; PURPOSE OF GUARDIANSHIP
1148	1148	Sec. 1001.002. LAWS APPLICABLE TO GUARDIANSHIPS
1149	1149	Sec. 1001.003. REFERENCES IN LAW MEANING INCAPACITATED
1150	1150	PERSON
1151	1151	CHAPTER 1001. PURPOSE AND CONSTRUCTION
1152	1152	Sec. 1001.001. POLICY; PURPOSE OF GUARDIANSHIP. (a) A
1153	1153	court may appoint a guardian with either full or limited authority
1154	1154	over an incapacitated person as indicated by the incapacitated
1155	1155	person's actual mental or physical limitations and only as
1156	1156	necessary to promote and protect the well-being of the
1157	1157	incapacitated person.
1158	1158	(b) In creating a guardianship that gives a guardian limited
1159	1159	authority over an incapacitated person, the court shall design the
1160	1160	guardianship to encourage the development or maintenance of maximum
1161	1161	self-reliance and independence in the incapacitated person. (Tex.
1162	1162	Prob. Code, Sec. 602 (part).)
1163	1163	Sec. 1001.002. LAWS APPLICABLE TO GUARDIANSHIPS. To the
1164	1164	extent applicable and not inconsistent with other provisions of
1165	1165	this code, the laws and rules governing estates of decedents apply
1166	1166	to guardianships. (Tex. Prob. Code, Sec. 603(a).)
1167	1167	Sec. 1001.003. REFERENCES IN LAW MEANING INCAPACITATED
1168	1168	PERSON. In this code or any other law, a reference to any of the
1169	1169	following means an incapacitated person:
1170	1170	(1) a person who is mentally, physically, or legally
1171	1171	incompetent;
1172	1172	(2) a person who is judicially declared incompetent;
1173	1173	(3) an incompetent or an incompetent person;
1174	1174	(4) a person of unsound mind; or
1175	1175	(5) a habitual drunkard. (Tex. Prob. Code, Sec. 603(b).)
1176	1176	CHAPTER 1002. DEFINITIONS
1177	1177	Sec. 1002.001. APPLICABILITY OF DEFINITIONS
1178	1178	Sec. 1002.002. ATTORNEY AD LITEM
1179	1179	Sec. 1002.003. AUTHORIZED CORPORATE SURETY
1180	1180	Sec. 1002.004. CHILD
1181	1181	Sec. 1002.005. CLAIM
1182	1182	Sec. 1002.006. COMMUNITY ADMINISTRATOR
1183	1183	Sec. 1002.007. CORPORATE FIDUCIARY
1184	1184	Sec. 1002.008. COURT; PROBATE COURT; STATUTORY PROBATE
1185	1185	COURT
1186	1186	Sec. 1002.009. COURT INVESTIGATOR
1187	1187	Sec. 1002.010. ESTATE; GUARDIANSHIP ESTATE
1188	1188	Sec. 1002.011. EXEMPT PROPERTY
1189	1189	Sec. 1002.012. GUARDIAN
1190	1190	Sec. 1002.013. GUARDIAN AD LITEM
1191	1191	Sec. 1002.014. GUARDIANSHIP CERTIFICATION BOARD
1192	1192	Sec. 1002.015. GUARDIANSHIP MATTER; GUARDIANSHIP
1193	1193	PROCEEDING; PROCEEDINGS IN
1194	1194	GUARDIANSHIP; PROCEEDINGS FOR
1195	1195	GUARDIANSHIP
1196	1196	Sec. 1002.016. GUARDIANSHIP PROGRAM
1197	1197	Sec. 1002.017. INCAPACITATED PERSON
1198	1198	Sec. 1002.018. INTERESTED PERSON; PERSON INTERESTED
1199	1199	Sec. 1002.019. MINOR
1200	1200	Sec. 1002.020. MORTGAGE; LIEN
1201	1201	Sec. 1002.021. NEXT OF KIN
1202	1202	Sec. 1002.022. PARENT
1203	1203	Sec. 1002.023. PERSON
1204	1204	Sec. 1002.024. PERSONAL PROPERTY
1205	1205	Sec. 1002.025. PRIVATE PROFESSIONAL GUARDIAN
1206	1206	Sec. 1002.026. PROPOSED WARD
1207	1207	Sec. 1002.027. REAL PROPERTY
1208	1208	Sec. 1002.028. REPRESENTATIVE; PERSONAL REPRESENTATIVE
1209	1209	Sec. 1002.029. SURETY
1210	1210	Sec. 1002.030. WARD
1211	1211	CHAPTER 1002. DEFINITIONS
1212	1212	Sec. 1002.001. APPLICABILITY OF DEFINITIONS. The
1213	1213	definition for a term provided by this chapter applies in this
1214	1214	title. (Tex. Prob. Code, Sec. 601 (part).)
1215	1215	Sec. 1002.002. ATTORNEY AD LITEM. "Attorney ad litem"
1216	1216	means an attorney appointed by a court to represent and advocate on
1217	1217	behalf of a proposed ward, an incapacitated person, or an unborn
1218	1218	person in a guardianship proceeding. (Tex. Prob. Code, Sec.
1219	1219	601(1).)
1220	1220	Sec. 1002.003. AUTHORIZED CORPORATE SURETY. "Authorized
1221	1221	corporate surety" means a domestic or foreign corporation
1222	1222	authorized to engage in business in this state to issue surety,
1223	1223	guaranty, or indemnity bonds that guarantee the fidelity of a
1224	1224	guardian. (Tex. Prob. Code, Sec. 601(2).)
1225	1225	Sec. 1002.004. CHILD. "Child" includes a biological child
1226	1226	and an adopted child, regardless of whether the child was adopted by
1227	1227	a parent under a statutory procedure or by acts of estoppel. (Tex.
1228	1228	Prob. Code, Sec. 601(3).)
1229	1229	Sec. 1002.005. CLAIM. "Claim" includes:
1230	1230	(1) a liability against the estate of an incapacitated
1231	1231	person; and
1232	1232	(2) a debt due to the estate of an incapacitated
1233	1233	person. (Tex. Prob. Code, Sec. 601(4).)
1234	1234	Sec. 1002.006. COMMUNITY ADMINISTRATOR. "Community
1235	1235	administrator" means a spouse who, on the judicial declaration of
1236	1236	incapacity of the other spouse, is authorized to manage, control,
1237	1237	and dispose of the entire community estate, including the part of
1238	1238	the community estate the incapacitated spouse legally has the power
1239	1239	to manage in the absence of the incapacity. (Tex. Prob. Code, Sec.
1240	1240	601(5).)
1241	1241	Sec. 1002.007. CORPORATE FIDUCIARY. "Corporate fiduciary"
1242	1242	means a financial institution, as defined by Section 201.101,
1243	1243	Finance Code, that:
1244	1244	(1) is existing or engaged in business under the laws
1245	1245	of this state, another state, or the United States;
1246	1246	(2) has trust powers; and
1247	1247	(3) is authorized by law to act under the order or
1248	1248	appointment of a court of record, without giving bond, as guardian,
1249	1249	receiver, trustee, executor, administrator, or, although the
1250	1250	financial institution does not have general depository powers,
1251	1251	depository for any money paid into the court, or to become sole
1252	1252	guarantor or surety in or on any bond required to be given under the
1253	1253	laws of this state. (Tex. Prob. Code, Sec. 601(6).)
1254	1254	Sec. 1002.008. COURT; PROBATE COURT; STATUTORY PROBATE
1255	1255	COURT. (a) "Court" or "probate court" means:
1256	1256	(1) a county court exercising its probate
1257	1257	jurisdiction;
1258	1258	(2) a court created by statute and authorized to
1259	1259	exercise original probate jurisdiction; or
1260	1260	(3) a district court exercising original probate
1261	1261	jurisdiction in a contested matter.
1262	1262	(b) "Statutory probate court" means a court created by
1263	1263	statute and designated as a statutory probate court under Chapter
1264	1264	25, Government Code. The term does not include a county court at
1265	1265	law exercising probate jurisdiction unless the court is designated
1266	1266	a statutory probate court under Chapter 25, Government Code. (Tex.
1267	1267	Prob. Code, Secs. 601(8), (29).)
1268	1268	Sec. 1002.009. COURT INVESTIGATOR. "Court investigator"
1269	1269	means a person appointed by the judge of a statutory probate court
1270	1270	under Section 25.0025, Government Code. (Tex. Prob. Code, Sec.
1271	1271	601(7).)
1272	1272	Sec. 1002.010. ESTATE; GUARDIANSHIP ESTATE. "Estate" or
1273	1273	"guardianship estate" means a ward's or deceased ward's property,
1274	1274	as that property:
1275	1275	(1) exists originally and changes in form by sale,
1276	1276	reinvestment, or otherwise;
1277	1277	(2) is augmented by any accretions and other additions
1278	1278	to the property, including any property to be distributed to the
1279	1279	deceased ward's representative by the trustee of a trust that
1280	1280	terminates on the ward's death, or substitutions for the property;
1281	1281	and
1282	1282	(3) is diminished by any decreases in or distributions
1283	1283	from the property. (Tex. Prob. Code, Sec. 601(9).)
1284	1284	Sec. 1002.011. EXEMPT PROPERTY. "Exempt property" means
1285	1285	the property in a deceased ward's estate that is exempt from
1286	1286	execution or forced sale by the constitution or laws of this state,
1287	1287	and any allowance paid instead of that property. (Tex. Prob. Code,
1288	1288	Sec. 601(10).)
1289	1289	Sec. 1002.012. GUARDIAN. (a) "Guardian" means a person
1290	1290	appointed as a:
1291	1291	(1) guardian under Subchapter D, Chapter 1101;
1292	1292	(2) successor guardian; or
1293	1293	(3) temporary guardian.
1294	1294	(b) Except as expressly provided otherwise, "guardian"
1295	1295	includes:
1296	1296	(1) the guardian of the estate of an incapacitated
1297	1297	person; and
1298	1298	(2) the guardian of the person of an incapacitated
1299	1299	person. (Tex. Prob. Code, Sec. 601(11).)
1300	1300	Sec. 1002.013. GUARDIAN AD LITEM. "Guardian ad litem"
1301	1301	means a person appointed by a court to represent the best interests
1302	1302	of an incapacitated person in a guardianship proceeding. (Tex.
1303	1303	Prob. Code, Sec. 601(12).)
1304	1304	Sec. 1002.014. GUARDIANSHIP CERTIFICATION BOARD.
1305	1305	"Guardianship Certification Board" means the Guardianship
1306	1306	Certification Board established under Chapter 111, Government
1307	1307	Code. (Tex. Prob. Code, Sec. 601(12-a).)
1308	1308	Sec. 1002.015. GUARDIANSHIP MATTER; GUARDIANSHIP
1309	1309	PROCEEDING; PROCEEDINGS IN GUARDIANSHIP; PROCEEDINGS FOR
1310	1310	GUARDIANSHIP. The terms "guardianship matter," "guardianship
1311	1311	proceeding," "proceedings in guardianship," and "proceedings for
1312	1312	guardianship" are synonymous and include a matter or proceeding
1313	1313	relating to a guardianship or any other matter addressed by this
1314	1314	title. (Tex. Prob. Code, Sec. 601(25).)
1315	1315	Sec. 1002.016. GUARDIANSHIP PROGRAM. "Guardianship
1316	1316	program" has the meaning assigned by Section 111.001, Government
1317	1317	Code. (Tex. Prob. Code, Sec. 601(13).)
1318	1318	Sec. 1002.017. INCAPACITATED PERSON. "Incapacitated
1319	1319	person" means:
1320	1320	(1) a minor;
1321	1321	(2) an adult who, because of a physical or mental
1322	1322	condition, is substantially unable to:
1323	1323	(A) provide food, clothing, or shelter for
1324	1324	himself or herself;
1325	1325	(B) care for the person's own physical health; or
1326	1326	(C) manage the person's own financial affairs; or
1327	1327	(3) a person who must have a guardian appointed for the
1328	1328	person to receive funds due the person from a governmental source.
1329	1329	(Tex. Prob. Code, Sec. 601(14).)
1330	1330	Sec. 1002.018. INTERESTED PERSON; PERSON INTERESTED.
1331	1331	"Interested person" or "person interested" means:
1332	1332	(1) an heir, devisee, spouse, creditor, or any other
1333	1333	person having a property right in or claim against an estate being
1334	1334	administered; or
1335	1335	(2) a person interested in the welfare of an
1336	1336	incapacitated person. (Tex. Prob. Code, Sec. 601(15).)
1337	1337	Sec. 1002.019. MINOR. "Minor" means a person younger than
1338	1338	18 years of age who:
1339	1339	(1) has never been married; and
1340	1340	(2) has not had the disabilities of minority removed
1341	1341	for general purposes. (Tex. Prob. Code, Sec. 601(16).)
1342	1342	Sec. 1002.020. MORTGAGE; LIEN. "Mortgage" and "lien"
1343	1343	include:
1344	1344	(1) a deed of trust;
1345	1345	(2) a vendor's lien;
1346	1346	(3) a mechanic's, materialman's, or laborer's lien;
1347	1347	(4) a judgment, attachment, or garnishment lien;
1348	1348	(5) a federal or state tax lien;
1349	1349	(6) a chattel mortgage; and
1350	1350	(7) a pledge by hypothecation. (Tex. Prob. Code, Sec.
1351	1351	601(18).)
1352	1352	Sec. 1002.021. NEXT OF KIN. "Next of kin" includes:
1353	1353	(1) an adopted child;
1354	1354	(2) an adopted child's descendants; and
1355	1355	(3) the adoptive parent of an adopted child. (Tex.
1356	1356	Prob. Code, Sec. 601(19).)
1357	1357	Sec. 1002.022. PARENT. "Parent" means the mother of a
1358	1358	child, a man presumed to be the biological father of a child, a man
1359	1359	who has been adjudicated to be the biological father of a child by a
1360	1360	court of competent jurisdiction, or an adoptive mother or father of
1361	1361	a child, but does not include a parent as to whom the parent-child
1362	1362	relationship has been terminated. (Tex. Prob. Code, Sec. 601(20).)
1363	1363	Sec. 1002.023. PERSON. (a) "Person" includes a natural
1364	1364	person, a corporation, and a guardianship program.
1365	1365	(b) The definition of "person" assigned by Section 311.005,
1366	1366	Government Code, does not apply to any provision in this title.
1367	1367	(Tex. Prob. Code, Sec. 601(21); New.)
1368	1368	Sec. 1002.024. PERSONAL PROPERTY. "Personal property"
1369	1369	includes an interest in:
1370	1370	(1) goods;
1371	1371	(2) money;
1372	1372	(3) a chose in action;
1373	1373	(4) an evidence of debt; and
1374	1374	(5) a real chattel. (Tex. Prob. Code, Sec. 601(22).)
1375	1375	Sec. 1002.025. PRIVATE PROFESSIONAL GUARDIAN. "Private
1376	1376	professional guardian" has the meaning assigned by Section 111.001,
1377	1377	Government Code. (Tex. Prob. Code, Sec. 601(24).)
1378	1378	Sec. 1002.026. PROPOSED WARD. "Proposed ward" means a
1379	1379	person alleged in a guardianship proceeding to be incapacitated.
1380	1380	(Tex. Prob. Code, Sec. 601(27).)
1381	1381	Sec. 1002.027. REAL PROPERTY. "Real property" includes
1382	1382	estates and interests in land, whether corporeal or incorporeal or
1383	1383	legal or equitable. The term does not include a real chattel.
1384	1384	(Tex. Prob. Code, Sec. 601(28).)
1385	1385	Sec. 1002.028. REPRESENTATIVE; PERSONAL REPRESENTATIVE.
1386	1386	"Representative" and "personal representative" include:
1387	1387	(1) a guardian; and
1388	1388	(2) a successor guardian. (Tex. Prob. Code, Sec.
1389	1389	601(23).)
1390	1390	Sec. 1002.029. SURETY. "Surety" includes a personal surety
1391	1391	and a corporate surety. (Tex. Prob. Code, Sec. 601(30).)
1392	1392	Sec. 1002.030. WARD. "Ward" means a person for whom a
1393	1393	guardian has been appointed. (Tex. Prob. Code, Sec. 601(31).)
1394	1394	[Chapters 1003-1030 reserved for expansion]
1395	1395	SUBTITLE B. SCOPE, JURISDICTION, AND VENUE
1396	1396	[Chapters 1031-1050 reserved]
1397	1397	CHAPTER 1051. NOTICES AND PROCESS IN GUARDIANSHIP PROCEEDINGS IN
1398	1398	GENERAL
1399	1399	SUBCHAPTER A. ISSUANCE AND FORM OF NOTICE OR PROCESS
1400	1400	Sec. 1051.001. ISSUANCE OF NOTICE OR PROCESS IN
1401	1401	GENERAL
1402	1402	Sec. 1051.002. DIRECTION OF WRIT OR OTHER PROCESS
1403	1403	Sec. 1051.003. CONTENTS OF CITATION OR NOTICE
1404	1404	[Sections 1051.004-1051.050 reserved for expansion]
1405	1405	SUBCHAPTER B. METHODS OF SERVING CITATION OR NOTICE; PERSONS TO BE
1406	1406	SERVED
1407	1407	Sec. 1051.051. PERSONAL SERVICE
1408	1408	Sec. 1051.052. SERVICE BY MAIL
1409	1409	Sec. 1051.053. SERVICE BY POSTING
1410	1410	Sec. 1051.054. SERVICE BY PUBLICATION
1411	1411	Sec. 1051.055. SERVICE ON PARTY'S ATTORNEY OF RECORD
1412	1412	Sec. 1051.056. SERVICE ON GUARDIAN OR RECEIVER
1413	1413	[Sections 1051.057-1051.100 reserved for expansion]
1414	1414	SUBCHAPTER C. NOTICE AND CITATION REQUIRED FOR APPLICATION FOR
1415	1415	GUARDIANSHIP
1416	1416	Sec. 1051.101. NOTICE REQUIRED FOR APPLICATION FOR
1417	1417	GUARDIANSHIP; CITATION OF APPLICANT
1418	1418	NOT REQUIRED
1419	1419	Sec. 1051.102. ISSUANCE OF CITATION FOR APPLICATION
1420	1420	FOR GUARDIANSHIP
1421	1421	Sec. 1051.103. SERVICE OF CITATION FOR APPLICATION FOR
1422	1422	GUARDIANSHIP
1423	1423	Sec. 1051.104. NOTICE BY APPLICANT FOR GUARDIANSHIP
1424	1424	Sec. 1051.105. WAIVER OF NOTICE OF APPLICATION FOR
1425	1425	GUARDIANSHIP
1426	1426	Sec. 1051.106. ACTION BY COURT ON APPLICATION FOR
1427	1427	GUARDIANSHIP
1428	1428	[Sections 1051.107-1051.150 reserved for expansion]
1429	1429	SUBCHAPTER D. RETURN AND PROOF OF SERVICE OF CITATION OR NOTICE
1430	1430	Sec. 1051.151. REQUIREMENTS FOR RETURN ON CITATION OR
1431	1431	NOTICE SERVED BY PERSONAL SERVICE
1432	1432	Sec. 1051.152. VALIDITY OF SERVICE AND RETURN ON
1433	1433	CITATION OR NOTICE SERVED BY POSTING
1434	1434	Sec. 1051.153. PROOF OF SERVICE
1435	1435	Sec. 1051.154. RETURN TO COURT
1436	1436	[Sections 1051.155-1051.200 reserved for expansion]
1437	1437	SUBCHAPTER E. ALTERNATIVE MANNER OF ISSUANCE, SERVICE, AND RETURN
1438	1438	Sec. 1051.201. COURT-ORDERED ISSUANCE, SERVICE, AND
1439	1439	RETURN UNDER CERTAIN CIRCUMSTANCES
1440	1440	[Sections 1051.202-1051.250 reserved for expansion]
1441	1441	SUBCHAPTER F. ADDITIONAL NOTICE PROVISIONS
1442	1442	Sec. 1051.251. WAIVER OF NOTICE OF HEARING
1443	1443	Sec. 1051.252. REQUEST FOR NOTICE OF FILING OF
1444	1444	PLEADING
1445	1445	Sec. 1051.253. SERVICE OF NOTICE OF INTENTION TO TAKE
1446	1446	DEPOSITIONS IN CERTAIN MATTERS
1447	1447	CHAPTER 1051. NOTICES AND PROCESS IN GUARDIANSHIP PROCEEDINGS IN
1448	1448	GENERAL
1449	1449	SUBCHAPTER A. ISSUANCE AND FORM OF NOTICE OR PROCESS
1450	1450	Sec. 1051.001. ISSUANCE OF NOTICE OR PROCESS IN GENERAL.
1451	1451	(a) Except as provided by Subsection (b), a person is not required
1452	1452	to be cited or otherwise given notice in a guardianship matter
1453	1453	except in a situation in which this title expressly provides for
1454	1454	citation or the giving of notice.
1455	1455	(b) If this title does not expressly provide for citation or
1456	1456	the issuance or return of notice in a guardianship matter, the court
1457	1457	may require that notice be given. A court that requires that notice
1458	1458	be given shall prescribe the form and manner of service of the
1459	1459	notice and the return of service.
1460	1460	(c) Unless a court order is required by this title, the
1461	1461	county clerk without a court order shall issue:
1462	1462	(1) necessary citations, writs, and other process in a
1463	1463	guardianship matter; and
1464	1464	(2) all notices not required to be issued by a
1465	1465	guardian. (Tex. Prob. Code, Secs. 632(a), (b).)
1466	1466	Sec. 1051.002. DIRECTION OF WRIT OR OTHER PROCESS. (a) A
1467	1467	writ or other process other than a citation or notice must be
1468	1468	directed "To any sheriff or constable within the State of Texas."
1469	1469	(b) Notwithstanding Subsection (a), a writ or other process
1470	1470	other than a citation or notice may not be held defective because
1471	1471	the process is directed to the sheriff or a constable of a named
1472	1472	county if the process is properly served within that county by an
1473	1473	officer authorized to serve the process. (Tex. Prob. Code, Sec.
1474	1474	632(c) (part).)
1475	1475	Sec. 1051.003. CONTENTS OF CITATION OR NOTICE. (a) A
1476	1476	citation or notice must:
1477	1477	(1) be directed to the person to be cited or notified;
1478	1478	(2) be dated;
1479	1479	(3) state the style and number of the proceeding;
1480	1480	(4) state the court in which the proceeding is
1481	1481	pending;
1482	1482	(5) describe generally the nature of the proceeding or
1483	1483	matter to which the citation or notice relates;
1484	1484	(6) direct the person being cited or notified to
1485	1485	appear by filing a written contest or answer or to perform another
1486	1486	required action; and
1487	1487	(7) state when and where the appearance or performance
1488	1488	described by Subdivision (6) is required.
1489	1489	(b) A citation or notice issued by the county clerk must be
1490	1490	styled "The State of Texas" and be signed by the clerk under the
1491	1491	clerk's seal.
1492	1492	(c) A notice required to be given by a guardian must be in
1493	1493	writing and be signed by the guardian in the guardian's official
1494	1494	capacity.
1495	1495	(d) A citation or notice is not required to contain a
1496	1496	precept directed to an officer, but may not be held defective
1497	1497	because the citation or notice contains a precept directed to an
1498	1498	officer authorized to serve the citation or notice. (Tex. Prob.
1499	1499	Code, Sec. 632(c) (part).)
1500	1500	[Sections 1051.004-1051.050 reserved for expansion]
1501	1501	SUBCHAPTER B. METHODS OF SERVING CITATION OR NOTICE; PERSONS TO BE
1502	1502	SERVED
1503	1503	Sec. 1051.051. PERSONAL SERVICE. (a) Except as otherwise
1504	1504	provided by Subsection (b), if personal service of citation or
1505	1505	notice is required, the citation or notice must be served on the
1506	1506	attorney of record for the person to be cited or notified.
1507	1507	Notwithstanding the requirement of personal service, service may be
1508	1508	made on that attorney by any method specified by Section 1051.055
1509	1509	for service on an attorney of record.
1510	1510	(b) If the person to be cited or notified does not have an
1511	1511	attorney of record in the proceeding, or if an attempt to serve the
1512	1512	person's attorney is unsuccessful:
1513	1513	(1) the sheriff or constable shall serve the citation
1514	1514	or notice by delivering a copy of the citation or notice to the
1515	1515	person to be cited or notified, in person, if the person to whom the
1516	1516	citation or notice is directed is in this state; or
1517	1517	(2) a disinterested person competent to make an oath
1518	1518	that the citation or notice was served may serve the citation or
1519	1519	notice, if the person to be cited or notified is absent from or is
1520	1520	not a resident of this state.
1521	1521	(c) The return day of the citation or notice served under
1522	1522	Subsection (b) must be at least 10 days after the date of service,
1523	1523	excluding the date of service.
1524	1524	(d) If the citation or notice attempted to be served as
1525	1525	provided by Subsection (b) is returned with the notation that the
1526	1526	person sought to be served, whether inside or outside this state,
1527	1527	cannot be found, the county clerk shall issue a new citation or
1528	1528	notice. Service of the new citation or notice must be made by
1529	1529	publication. (Tex. Prob. Code, Sec. 632(f)(1) (part).)
1530	1530	Sec. 1051.052. SERVICE BY MAIL. (a) The county clerk, or
1531	1531	the guardian if required by statute or court order, shall serve a
1532	1532	citation or notice required or permitted to be served by regular
1533	1533	mail by mailing the original citation or notice to the person to be
1534	1534	cited or notified.
1535	1535	(b) Except as provided by Subsection (c), the county clerk
1536	1536	shall issue a citation or notice required or permitted to be served
1537	1537	by registered or certified mail and shall serve the citation or
1538	1538	notice by mailing the original citation or notice by registered or
1539	1539	certified mail.
1540	1540	(c) A guardian shall issue a notice required to be given by
1541	1541	the guardian by registered or certified mail and shall serve the
1542	1542	notice by mailing the original notice by registered or certified
1543	1543	mail.
1544	1544	(d) The county clerk or guardian, as applicable, shall mail
1545	1545	a citation or notice under Subsection (b) or (c) with an instruction
1546	1546	to deliver the citation or notice to the addressee only and with
1547	1547	return receipt requested. The clerk or guardian, as applicable,
1548	1548	shall address the envelope containing the citation or notice to:
1549	1549	(1) the attorney of record in the proceeding for the
1550	1550	person to be cited or notified; or
1551	1551	(2) the person to be cited or notified, if the citation
1552	1552	or notice to the attorney is returned undelivered or the person to
1553	1553	be cited or notified has no attorney of record in the proceeding.
1554	1554	(e) Service by mail must be made at least 20 days before the
1555	1555	return day of the citation or notice, excluding the date of service.
1556	1556	The date of service by mail is the date of mailing.
1557	1557	(f) A copy of a citation or notice served under Subsection
1558	1558	(a), (b), or (c) and a certificate of the person serving the
1559	1559	citation or notice showing that the citation or notice was mailed
1560	1560	and the date of the mailing shall be filed and recorded. A returned
1561	1561	receipt for a citation or notice served under Subsection (b) or (c)
1562	1562	shall be attached to the certificate.
1563	1563	(g) If a citation or notice served by mail is returned
1564	1564	undelivered, a new citation or notice shall be issued. Service of
1565	1565	the new citation or notice must be made by posting. (Tex. Prob.
1566	1566	Code, Sec. 632(f)(4).)
1567	1567	Sec. 1051.053. SERVICE BY POSTING. (a) The county clerk
1568	1568	shall deliver the original and a copy of a citation or notice
1569	1569	required to be posted to the sheriff or a constable of the county in
1570	1570	which the proceeding is pending. The sheriff or constable shall
1571	1571	post the copy at the door of the county courthouse or the location
1572	1572	in or near the courthouse where public notices are customarily
1573	1573	posted.
1574	1574	(b) Citation or notice under this section must be posted for
1575	1575	at least 10 days before the return day of the citation or notice,
1576	1576	excluding the date of posting, except as provided by Section
1577	1577	1051.152(b). The date of service of citation or notice by posting
1578	1578	is the date of posting.
1579	1579	(c) A sheriff or constable who posts a copy of a citation or
1580	1580	notice under this section shall return the original citation or
1581	1581	notice to the county clerk and state the date and location of the
1582	1582	posting in a written return of the copy of the citation or notice.
1583	1583	(d) The method of service prescribed by this section applies
1584	1584	when a guardian is required or permitted to post a notice. The
1585	1585	notice must be:
1586	1586	(1) issued in the name of the guardian;
1587	1587	(2) addressed and delivered to, and posted and
1588	1588	returned by, the appropriate officer; and
1589	1589	(3) filed with the county clerk. (Tex. Prob. Code,
1590	1590	Sec. 632(f)(2).)
1591	1591	Sec. 1051.054. SERVICE BY PUBLICATION. (a) Citation or
1592	1592	notice to a person to be served by publication shall be published
1593	1593	one time in a newspaper of general circulation in the county in
1594	1594	which the proceeding is pending. The publication must be made at
1595	1595	least 10 days before the return day of the citation or notice,
1596	1596	excluding the date of publication.
1597	1597	(b) The date of service of citation or notice by publication
1598	1598	is the date of publication printed on the newspaper in which the
1599	1599	citation or notice is published.
1600	1600	(c) If there is not a newspaper of general circulation
1601	1601	published or printed in the county in which the citation or notice
1602	1602	is to be published, the citation or notice under Subsection (a)
1603	1603	shall be served by posting. (Tex. Prob. Code, Sec. 632(f)(3).)
1604	1604	Sec. 1051.055. SERVICE ON PARTY'S ATTORNEY OF RECORD. (a)
1605	1605	If a party is represented by an attorney of record in a guardianship
1606	1606	proceeding, a citation or notice required to be served on the party
1607	1607	shall be served instead on that attorney.
1608	1608	(b) A notice served on an attorney under this section may be
1609	1609	served by:
1610	1610	(1) delivery to the attorney in person;
1611	1611	(2) registered or certified mail, return receipt
1612	1612	requested; or
1613	1613	(3) any other form of mail that requires proof of
1614	1614	delivery.
1615	1615	(c) A notice or citation may be served on an attorney under
1616	1616	this section by:
1617	1617	(1) another party to the proceeding;
1618	1618	(2) the attorney of record for another party to the
1619	1619	proceeding;
1620	1620	(3) an appropriate sheriff or constable; or
1621	1621	(4) another person competent to testify.
1622	1622	(d) Each of the following is prima facie evidence of the
1623	1623	fact that service has been made under this section:
1624	1624	(1) the written statement of an attorney of record
1625	1625	showing service;
1626	1626	(2) the return of the officer showing service; and
1627	1627	(3) the affidavit of a person showing service.
1628	1628	(e) Except as provided by Section 1051.105, an attorney ad
1629	1629	litem may not waive personal service of citation. (Tex. Prob. Code,
1630	1630	Sec. 634.)
1631	1631	Sec. 1051.056. SERVICE ON GUARDIAN OR RECEIVER. Unless
1632	1632	this title expressly provides for another method of service, the
1633	1633	county clerk who issues a citation or notice required to be served
1634	1634	on a guardian or receiver shall serve the citation or notice by
1635	1635	mailing the original citation or notice by registered or certified
1636	1636	mail to:
1637	1637	(1) the guardian's or receiver's attorney of record;
1638	1638	or
1639	1639	(2) the guardian or receiver, if the guardian or
1640	1640	receiver does not have an attorney of record. (Tex. Prob. Code,
1641	1641	Sec. 632(e).)
1642	1642	[Sections 1051.057-1051.100 reserved for expansion]
1643	1643	SUBCHAPTER C. NOTICE AND CITATION REQUIRED FOR APPLICATION FOR
1644	1644	GUARDIANSHIP
1645	1645	Sec. 1051.101. NOTICE REQUIRED FOR APPLICATION FOR
1646	1646	GUARDIANSHIP; CITATION OF APPLICANT NOT REQUIRED. (a) On the filing
1647	1647	of an application for guardianship, notice shall be issued and
1648	1648	served as provided by this subchapter.
1649	1649	(b) It is not necessary to serve a citation on a person who
1650	1650	files an application for the creation of a guardianship under this
1651	1651	title or for that person to waive the issuance and personal service
1652	1652	of citation under this subchapter. (Tex. Prob. Code, Secs. 633(a),
1653	1653	(g).)
1654	1654	Sec. 1051.102. ISSUANCE OF CITATION FOR APPLICATION FOR
1655	1655	GUARDIANSHIP. (a) On the filing of an application for guardianship,
1656	1656	the court clerk shall issue a citation stating:
1657	1657	(1) that the application was filed;
1658	1658	(2) the name of the proposed ward;
1659	1659	(3) the name of the applicant; and
1660	1660	(4) the name of the person to be appointed guardian as
1661	1661	provided in the application, if that person is not the applicant.
1662	1662	(b) The citation must cite all persons interested in the
1663	1663	welfare of the proposed ward to appear at the time and place stated
1664	1664	in the notice if the persons wish to contest the application.
1665	1665	(c) The citation shall be posted. (Tex. Prob. Code, Sec.
1666	1666	633(b).)
1667	1667	Sec. 1051.103. SERVICE OF CITATION FOR APPLICATION FOR
1668	1668	GUARDIANSHIP. The sheriff or other officer shall personally serve
1669	1669	citation to appear and answer an application for guardianship on:
1670	1670	(1) a proposed ward who is 12 years of age or older;
1671	1671	(2) the proposed ward's parents, if the whereabouts of
1672	1672	the parents are known or can be reasonably ascertained;
1673	1673	(3) any court-appointed conservator or person having
1674	1674	control of the care and welfare of the proposed ward;
1675	1675	(4) the proposed ward's spouse, if the whereabouts of
1676	1676	the spouse are known or can be reasonably ascertained; and
1677	1677	(5) the person named in the application to be
1678	1678	appointed guardian, if that person is not the applicant. (Tex.
1679	1679	Prob. Code, Sec. 633(c).)
1680	1680	Sec. 1051.104. NOTICE BY APPLICANT FOR GUARDIANSHIP. (a)
1681	1681	The person filing an application for guardianship shall mail a copy
1682	1682	of the application and a notice containing the information required
1683	1683	in the citation issued under Section 1051.102 by registered or
1684	1684	certified mail, return receipt requested, or by any other form of
1685	1685	mail that provides proof of delivery, to the following persons, if
1686	1686	their whereabouts are known or can be reasonably ascertained:
1687	1687	(1) each adult child of the proposed ward;
1688	1688	(2) each adult sibling of the proposed ward;
1689	1689	(3) the administrator of a nursing home facility or
1690	1690	similar facility in which the proposed ward resides;
1691	1691	(4) the operator of a residential facility in which
1692	1692	the proposed ward resides;
1693	1693	(5) a person whom the applicant knows to hold a power
1694	1694	of attorney signed by the proposed ward;
1695	1695	(6) a person designated to serve as guardian of the
1696	1696	proposed ward by a written declaration under Subchapter E, Chapter
1697	1697	1104, if the applicant knows of the existence of the declaration;
1698	1698	(7) a person designated to serve as guardian of the
1699	1699	proposed ward in the probated will of the last surviving parent of
1700	1700	the proposed ward;
1701	1701	(8) a person designated to serve as guardian of the
1702	1702	proposed ward by a written declaration of the proposed ward's last
1703	1703	surviving parent, if the declarant is deceased and the applicant
1704	1704	knows of the existence of the declaration; and
1705	1705	(9) each person named as next of kin in the application
1706	1706	as required by Section 1101.001(b)(11) or (13).
1707	1707	(b) The applicant shall file with the court:
1708	1708	(1) a copy of any notice required by Subsection (a) and
1709	1709	the proofs of delivery of the notice; and
1710	1710	(2) an affidavit sworn to by the applicant or the
1711	1711	applicant's attorney stating:
1712	1712	(A) that the notice was mailed as required by
1713	1713	Subsection (a); and
1714	1714	(B) the name of each person to whom the notice was
1715	1715	mailed, if the person's name is not shown on the proof of delivery.
1716	1716	(c) Failure of the applicant to comply with Subsections
1717	1717	(a)(2)-(9) does not affect the validity of a guardianship created
1718	1718	under this title. (Tex. Prob. Code, Secs. 633(d), (d-1), (f)
1719	1719	(part).)
1720	1720	Sec. 1051.105. WAIVER OF NOTICE OF APPLICATION FOR
1721	1721	GUARDIANSHIP. A person other than the proposed ward who is entitled
1722	1722	to receive notice or personal service of citation under Sections
1723	1723	1051.103 and 1051.104(a) may, by writing filed with the clerk,
1724	1724	waive the receipt of notice or the issuance and personal service of
1725	1725	citation either in person or through an attorney ad litem. (Tex.
1726	1726	Prob. Code, Sec. 633(e).)
1727	1727	Sec. 1051.106. ACTION BY COURT ON APPLICATION FOR
1728	1728	GUARDIANSHIP. The court may not act on an application for the
1729	1729	creation of a guardianship until the applicant has complied with
1730	1730	Section 1051.104(b) and not earlier than the Monday following the
1731	1731	expiration of the 10-day period beginning on the date service of
1732	1732	notice and citation has been made as provided by Sections 1051.102,
1733	1733	1051.103, and 1051.104(a)(1). (Tex. Prob. Code, Sec. 633(f)
1734	1734	(part).)
1735	1735	[Sections 1051.107-1051.150 reserved for expansion]
1736	1736	SUBCHAPTER D. RETURN AND PROOF OF SERVICE OF CITATION OR NOTICE
1737	1737	Sec. 1051.151. REQUIREMENTS FOR RETURN ON CITATION OR
1738	1738	NOTICE SERVED BY PERSONAL SERVICE. The return of the person serving
1739	1739	a citation or notice under Section 1051.051 must:
1740	1740	(1) be endorsed on or attached to the citation or
1741	1741	notice;
1742	1742	(2) state the date and place of service;
1743	1743	(3) certify that a copy of the citation or notice was
1744	1744	delivered to the person directed to be served;
1745	1745	(4) be subscribed and sworn to before, and under the
1746	1746	hand and official seal of, an officer authorized by the laws of this
1747	1747	state to take an affidavit; and
1748	1748	(5) be returned to the county clerk who issued the
1749	1749	citation or notice. (Tex. Prob. Code, Sec. 632(f)(1) (part).)
1750	1750	Sec. 1051.152. VALIDITY OF SERVICE AND RETURN ON CITATION
1751	1751	OR NOTICE SERVED BY POSTING. (a) A citation or notice in a
1752	1752	guardianship matter that is required to be served by posting and is
1753	1753	issued in conformity with this title, and the service of and return
1754	1754	of the citation or notice, is valid if:
1755	1755	(1) a sheriff or constable posts a copy of the citation
1756	1756	or notice at the location or locations prescribed by this title; and
1757	1757	(2) the posting occurs on a day preceding the return
1758	1758	day of service specified in the citation or notice that provides
1759	1759	sufficient time for the period the citation or notice must be posted
1760	1760	to expire before the specified return day.
1761	1761	(b) The fact that the sheriff or constable, as applicable,
1762	1762	makes the return of service on the citation or notice described by
1763	1763	Subsection (a) and returns the citation or notice on which the
1764	1764	return has been made to the court before the expiration of the
1765	1765	period the citation or notice must be posted does not affect the
1766	1766	validity of the citation or notice or the service or return of
1767	1767	service. This subsection applies even if the sheriff or constable
1768	1768	makes the return of service and returns the citation or notice to
1769	1769	the court on the same day the citation or notice is issued. (Tex.
1770	1770	Prob. Code, Sec. 632(h).)
1771	1771	Sec. 1051.153. PROOF OF SERVICE. (a) Proof of service in
1772	1772	each case requiring citation or notice must be filed before a
1773	1773	hearing.
1774	1774	(b) Proof of service consists of:
1775	1775	(1) if the service is made by a sheriff or constable,
1776	1776	the return of service;
1777	1777	(2) if the service is made by a private person, the
1778	1778	person's affidavit;
1779	1779	(3) if the service is made by mail:
1780	1780	(A) the certificate of the county clerk making
1781	1781	the service, or the affidavit of the guardian or other person making
1782	1782	the service that states that the citation or notice was mailed and
1783	1783	the date of the mailing; and
1784	1784	(B) the return receipt attached to the
1785	1785	certificate, if the mailing was by registered or certified mail and
1786	1786	a receipt has been returned; and
1787	1787	(4) if the service is made by publication, an
1788	1788	affidavit that:
1789	1789	(A) is made by the publisher of the newspaper in
1790	1790	which the citation or notice was published or an employee of the
1791	1791	publisher;
1792	1792	(B) contains or to which is attached a copy of the
1793	1793	published citation or notice; and
1794	1794	(C) states the date of publication printed on the
1795	1795	newspaper in which the citation or notice was published. (Tex.
1796	1796	Prob. Code, Sec. 632(i).)
1797	1797	Sec. 1051.154. RETURN TO COURT. A citation or notice issued
1798	1798	by a county clerk must be returned to the court from which the
1799	1799	citation or notice was issued on the first Monday after the service
1800	1800	is perfected. (Tex. Prob. Code, Sec. 632(g).)
1801	1801	[Sections 1051.155-1051.200 reserved for expansion]
1802	1802	SUBCHAPTER E. ALTERNATIVE MANNER OF ISSUANCE, SERVICE, AND RETURN
1803	1803	Sec. 1051.201. COURT-ORDERED ISSUANCE, SERVICE, AND RETURN
1804	1804	UNDER CERTAIN CIRCUMSTANCES. (a) A citation or notice required by
1805	1805	this title shall be issued, served, and returned in the manner
1806	1806	specified by written order of the court in accordance with this
1807	1807	title and the Texas Rules of Civil Procedure if:
1808	1808	(1) an interested person requests that action;
1809	1809	(2) a specific method is not provided by this title for
1810	1810	giving the citation or notice;
1811	1811	(3) a specific method is not provided by this title for
1812	1812	the service and return of citation or notice; or
1813	1813	(4) a provision with respect to a matter relating to
1814	1814	citation or notice is inadequate.
1815	1815	(b) Citation or notice issued, served, and returned in the
1816	1816	manner specified by a court order as provided by Subsection (a) has
1817	1817	the same effect as if the manner of service and return had been
1818	1818	specified by this title. (Tex. Prob. Code, Sec. 632(d).)
1819	1819	[Sections 1051.202-1051.250 reserved for expansion]
1820	1820	SUBCHAPTER F. ADDITIONAL NOTICE PROVISIONS
1821	1821	Sec. 1051.251. WAIVER OF NOTICE OF HEARING. (a) A
1822	1822	competent person who is interested in a hearing in a guardianship
1823	1823	proceeding may waive notice of the hearing in writing either in
1824	1824	person or through an attorney.
1825	1825	(b) A consul or other representative of a foreign government
1826	1826	whose appearance has been entered as provided by law on behalf of a
1827	1827	person residing in a foreign country may waive notice on the
1828	1828	person's behalf.
1829	1829	(c) A person who submits to the jurisdiction of the court in
1830	1830	a hearing is considered to have waived notice of the hearing. (Tex.
1831	1831	Prob. Code, Sec. 635.)
1832	1832	Sec. 1051.252. REQUEST FOR NOTICE OF FILING OF PLEADING.
1833	1833	(a) At any time after an application is filed to commence a
1834	1834	guardianship proceeding, a person interested in the estate or
1835	1835	welfare of a ward or incapacitated person may file with the county
1836	1836	clerk a written request to be notified of all, or any specified,
1837	1837	motions, applications, or pleadings filed with respect to the
1838	1838	proceeding by any person or by a person specifically designated in
1839	1839	the request. A person filing a request under this section is
1840	1840	responsible for payment of the fees and other costs of providing the
1841	1841	requested documents, and the clerk may require a deposit to cover
1842	1842	the estimated costs of providing the notice. The clerk shall send
1843	1843	to the requestor by regular mail a copy of any requested document.
1844	1844	(b) A county clerk's failure to comply with a request under
1845	1845	this section does not invalidate a proceeding. (Tex. Prob. Code,
1846	1846	Sec. 632(j).)
1847	1847	Sec. 1051.253. SERVICE OF NOTICE OF INTENTION TO TAKE
1848	1848	DEPOSITIONS IN CERTAIN MATTERS. (a) In a guardianship proceeding
1849	1849	in which there is no opposing party or attorney of record on whom to
1850	1850	serve notice and copies of interrogatories, service may be made by
1851	1851	posting notice of the intention to take depositions for a period of
1852	1852	10 days as provided by Section 1051.053 governing a posting of
1853	1853	notice.
1854	1854	(b) When notice by posting under Subsection (a) is filed
1855	1855	with the clerk, a copy of the interrogatories must also be filed.
1856	1856	(c) At the expiration of the 10-day period prescribed by
1857	1857	Subsection (a):
1858	1858	(1) commission may issue for taking the depositions
1859	1859	for which the notice was posted; and
1860	1860	(2) the judge may file cross-interrogatories if no person appears. (Tex. Prob. Code, Sec. 649 (part).)
1861	1861	CHAPTER 1052. FILING AND RECORDKEEPING
1862	1862	SUBCHAPTER A. RECORDKEEPING REQUIREMENTS
1863	1863	Sec. 1052.001. GUARDIANSHIP DOCKET
1864	1864	Sec. 1052.002. CLAIM DOCKET
1865	1865	Sec. 1052.003. GUARDIANSHIP FEE BOOK
1866	1866	Sec. 1052.004. ALTERNATE RECORDKEEPING
1867	1867	[Sections 1052.005-1052.050 reserved for expansion]
1868	1868	SUBCHAPTER B. FILES; INDEX
1869	1869	Sec. 1052.051. FILING PROCEDURES
1870	1870	Sec. 1052.052. CASE FILES
1871	1871	Sec. 1052.053. INDEX
1872	1872	CHAPTER 1052. FILING AND RECORDKEEPING
1873	1873	SUBCHAPTER A. RECORDKEEPING REQUIREMENTS
1874	1874	Sec. 1052.001. GUARDIANSHIP DOCKET. (a) The county clerk
1875	1875	shall maintain a record book titled "Judge's Guardianship Docket"
1876	1876	and shall record in the book:
1877	1877	(1) the name of each person with respect to whom, or
1878	1878	with respect to whose estate, a proceeding is commenced or sought to
1879	1879	be commenced;
1880	1880	(2) the name of the guardian of the estate or person or
1881	1881	of the applicant for letters of guardianship;
1882	1882	(3) the date each original application for a
1883	1883	guardianship proceeding is filed;
1884	1884	(4) a notation of each order, judgment, decree, and
1885	1885	proceeding that occurs in each estate, including the date it
1886	1886	occurs; and
1887	1887	(5) the docket number of each guardianship as assigned
1888	1888	under Subsection (b).
1889	1889	(b) The county clerk shall assign a docket number to each
1890	1890	guardianship in the order a proceeding is commenced. (Tex. Prob.
1891	1891	Code, Sec. 623(a).)
1892	1892	Sec. 1052.002. CLAIM DOCKET. (a) The county clerk shall
1893	1893	maintain a record book titled "Claim Docket" and shall record in the
1894	1894	book each claim that is presented against a guardianship for the
1895	1895	court's approval.
1896	1896	(b) The county clerk shall assign one or more pages of the
1897	1897	record book to each guardianship.
1898	1898	(c) The claim docket must be ruled in 16 columns at proper
1899	1899	intervals from top to bottom, with a short note of the contents at
1900	1900	the top of each column. The county clerk shall record for each
1901	1901	claim, in the order the claims are filed, the following information
1902	1902	in the respective columns, beginning with the first or marginal
1903	1903	column:
1904	1904	(1) the name of the claimant;
1905	1905	(2) the amount of the claim;
1906	1906	(3) the date of the claim;
1907	1907	(4) the date the claim is filed;
1908	1908	(5) the date the claim is due;
1909	1909	(6) the date the claim begins bearing interest;
1910	1910	(7) the interest rate;
1911	1911	(8) the date the claim is allowed by the guardian, if
1912	1912	applicable;
1913	1913	(9) the amount allowed by the guardian, if applicable;
1914	1914	(10) the date the claim is rejected, if applicable;
1915	1915	(11) the date the claim is approved, if applicable;
1916	1916	(12) the amount approved for the claim, if applicable;
1917	1917	(13) the date the claim is disapproved, if applicable;
1918	1918	(14) the class to which the claim belongs;
1919	1919	(15) the date the claim is established by a judgment of
1920	1920	a court, if applicable; and
1921	1921	(16) the amount of the judgment established under
1922	1922	Subdivision (15), if applicable. (Tex. Prob. Code, Sec. 624.)
1923	1923	Sec. 1052.003. GUARDIANSHIP FEE BOOK. (a) The county clerk
1924	1924	shall maintain a record book titled "Guardianship Fee Book" and
1925	1925	shall record in the book each item of cost that accrues to the
1926	1926	officers of the court and any witness fees.
1927	1927	(b) Each record entry must include:
1928	1928	(1) the party to whom the cost or fee is due;
1929	1929	(2) the date the cost or fee accrued;
1930	1930	(3) the guardianship or party liable for the cost or
1931	1931	fee; and
1932	1932	(4) the date the cost or fee is paid. (Tex. Prob.
1933	1933	Code, Sec. 626.)
1934	1934	Sec. 1052.004. ALTERNATE RECORDKEEPING. Instead of
1935	1935	maintaining the record books described by Sections 1052.001,
1936	1936	1052.002, and 1052.003, the county clerk may maintain the
1937	1937	information described by those sections relating to a person's
1938	1938	guardianship proceeding:
1939	1939	(1) on a computer file;
1940	1940	(2) on microfilm;
1941	1941	(3) in the form of a digitized optical image; or
1942	1942	(4) in another similar form of data compilation.
1943	1943	(Tex. Prob. Code, Sec. 627.)
1944	1944	[Sections 1052.005-1052.050 reserved for expansion]
1945	1945	SUBCHAPTER B. FILES; INDEX
1946	1946	Sec. 1052.051. FILING PROCEDURES. (a) An application for a
1947	1947	guardianship proceeding, complaint, petition, or other paper
1948	1948	permitted or required by law to be filed with a court in a
1949	1949	guardianship matter must be filed with the county clerk of the
1950	1950	appropriate county.
1951	1951	(b) Each paper filed in a guardianship proceeding must be
1952	1952	given the docket number assigned to the estate.
1953	1953	(c) On receipt of a paper described by Subsection (a), the
1954	1954	county clerk shall:
1955	1955	(1) file the paper; and
1956	1956	(2) endorse on the paper:
1957	1957	(A) the date the paper is filed;
1958	1958	(B) the docket number; and
1959	1959	(C) the clerk's official signature. (Tex. Prob.
1960	1960	Code, Secs. 621, 623(b).)
1961	1961	Sec. 1052.052. CASE FILES. (a) The county clerk shall
1962	1962	maintain a case file for each person's filed guardianship
1963	1963	proceedings.
1964	1964	(b) Each case file must contain each order, judgment, and
1965	1965	proceeding of the court and any other guardianship filing with the
1966	1966	court, including each:
1967	1967	(1) application for the granting of guardianship;
1968	1968	(2) citation and notice, whether published or posted,
1969	1969	including the return on the citation or notice;
1970	1970	(3) bond and official oath;
1971	1971	(4) inventory, appraisement, and list of claims;
1972	1972	(5) exhibit and account;
1973	1973	(6) report of renting;
1974	1974	(7) application for sale or partition of real estate;
1975	1975	(8) report of sale;
1976	1976	(9) application for authority to execute a lease for
1977	1977	mineral development, or for pooling or unitization of lands,
1978	1978	royalty, or other interest in minerals, or to lend or invest money;
1979	1979	(10) report of lending or investing money; and
1980	1980	(11) report of guardians of the persons. (Tex. Prob.
1981	1981	Code, Sec. 625.)
1982	1982	Sec. 1052.053. INDEX. (a) The county clerk shall properly
1983	1983	index the records required under this chapter.
1984	1984	(b) The county clerk shall keep the index open for public
1985	1985	inspection but may not release the index from the clerk's custody. (Tex. Prob. Code, Sec. 627A.)
1986	1986	CHAPTER 1053. OTHER COURT DUTIES AND PROCEDURES
1987	1987	SUBCHAPTER A. ENFORCEMENT OF ORDERS
1988	1988	Sec. 1053.001. ENFORCEMENT OF ORDERS
1989	1989	[Sections 1053.002-1053.050 reserved for expansion]
1990	1990	SUBCHAPTER B. COSTS AND SECURITY
1991	1991	Sec. 1053.051. APPLICABILITY OF CERTAIN LAWS
1992	1992	Sec. 1053.052. SECURITY FOR CERTAIN COSTS
1993	1993	[Sections 1053.053-1053.100 reserved for expansion]
1994	1994	SUBCHAPTER C. PROCEDURES FOR GUARDIANSHIP MATTERS
1995	1995	Sec. 1053.101. CALLING OF DOCKETS
1996	1996	Sec. 1053.102. SETTING OF CERTAIN HEARINGS BY CLERK
1997	1997	Sec. 1053.103. RENDERING OF DECISIONS, ORDERS,
1998	1998	DECREES, AND JUDGMENTS
1999	1999	CHAPTER 1053. OTHER COURT DUTIES AND PROCEDURES
2000	2000	SUBCHAPTER A. ENFORCEMENT OF ORDERS
2001	2001	Sec. 1053.001. ENFORCEMENT OF ORDERS. A judge may enforce
2002	2002	an order entered against a guardian by attachment and confinement.
2003	2003	Unless this title expressly provides otherwise, the term of
2004	2004	confinement for any one offense under this section may not exceed
2005	2005	three days. (Tex. Prob. Code, Sec. 651.)
2006	2006	[Sections 1053.002-1053.050 reserved for expansion]
2007	2007	SUBCHAPTER B. COSTS AND SECURITY
2008	2008	Sec. 1053.051. APPLICABILITY OF CERTAIN LAWS. A law
2009	2009	regulating costs in ordinary civil cases applies to a guardianship
2010	2010	matter unless otherwise expressly provided by this title. (Tex.
2011	2011	Prob. Code, Sec. 622(a).)
2012	2012	Sec. 1053.052. SECURITY FOR CERTAIN COSTS. (a) The clerk
2013	2013	may require a person who files an application, complaint, or
2014	2014	opposition relating to a guardianship matter, other than a
2015	2015	guardian, attorney ad litem, or guardian ad litem, to provide
2016	2016	security for the probable costs of the guardianship proceeding
2017	2017	before filing the application, complaint, or opposition.
2018	2018	(b) At any time before the trial of an application,
2019	2019	complaint, or opposition described by Subsection (a), an officer of
2020	2020	the court or a person interested in the guardianship or in the
2021	2021	welfare of the ward may, by written motion, obtain from the court an
2022	2022	order requiring the person who filed the application, complaint, or
2023	2023	opposition to provide security for the probable costs of the
2024	2024	proceeding. The rules governing civil suits in the county court
2025	2025	with respect to providing security for the probable costs of a
2026	2026	proceeding control in cases described by Subsection (a) and this
2027	2027	subsection.
2028	2028	(c) A guardian, attorney ad litem, or guardian ad litem
2029	2029	appointed under this title by a court of this state may not be
2030	2030	required to provide security for costs in an action brought by the
2031	2031	guardian, attorney ad litem, or guardian ad litem in the
2032	2032	guardian's, attorney ad litem's, or guardian ad litem's fiduciary
2033	2033	capacity. (Tex. Prob. Code, Secs. 622(b), (c).)
2034	2034	[Sections 1053.053-1053.100 reserved for expansion]
2035	2035	SUBCHAPTER C. PROCEDURES FOR GUARDIANSHIP MATTERS
2036	2036	Sec. 1053.101. CALLING OF DOCKETS. The judge in whose court
2037	2037	a guardianship proceeding is pending, as determined by the judge,
2038	2038	shall:
2039	2039	(1) call guardianship matters in the matters' regular
2040	2040	order on both the guardianship and claim dockets; and
2041	2041	(2) issue necessary orders. (Tex. Prob. Code, Sec.
2042	2042	629.)
2043	2043	Sec. 1053.102. SETTING OF CERTAIN HEARINGS BY CLERK. (a)
2044	2044	If a judge is unable to designate the time and place for hearing a
2045	2045	guardianship matter pending in the judge's court because the judge
2046	2046	is absent from the county seat or is on vacation, disqualified, ill,
2047	2047	or deceased, the county clerk of the county in which the matter is
2048	2048	pending may:
2049	2049	(1) designate the time and place for hearing;
2050	2050	(2) enter the setting on the judge's docket; and
2051	2051	(3) certify on the docket the reason that the judge is
2052	2052	not acting to set the hearing.
2053	2053	(b) If, after the perfection of the service of notices and
2054	2054	citations required by law concerning the time and place of hearing,
2055	2055	a qualified judge is not present for a hearing set under Subsection
2056	2056	(a), the hearing is automatically continued from day to day until a
2057	2057	qualified judge is present to hear and determine the matter. (Tex.
2058	2058	Prob. Code, Sec. 630.)
2059	2059	Sec. 1053.103. RENDERING OF DECISIONS, ORDERS, DECREES, AND
2060	2060	JUDGMENTS. The court shall render a decision, order, decree, or
2061	2061	judgment in a guardianship matter in open court, except as otherwise expressly provided. (Tex. Prob. Code, Sec. 650.)
2062	2062	CHAPTER 1054. COURT OFFICERS AND COURT-APPOINTED PERSONS
2063	2063	SUBCHAPTER A. ATTORNEYS AD LITEM AND INTERPRETERS
2064	2064	Sec. 1054.001. APPOINTMENT OF ATTORNEY AD LITEM IN
2065	2065	PROCEEDING FOR APPOINTMENT OF
2066	2066	GUARDIAN
2067	2067	Sec. 1054.002. TERM OF APPOINTMENT
2068	2068	Sec. 1054.003. ACCESS TO RECORDS
2069	2069	Sec. 1054.004. DUTIES
2070	2070	Sec. 1054.005. APPOINTMENT OF INTERPRETER
2071	2071	[Sections 1054.006-1054.050 reserved for expansion]
2072	2072	SUBCHAPTER B. GUARDIANS AD LITEM
2073	2073	Sec. 1054.051. APPOINTMENT OF GUARDIAN AD LITEM IN
2074	2074	GUARDIANSHIP PROCEEDING
2075	2075	Sec. 1054.052. APPOINTMENT OF GUARDIAN AD LITEM
2076	2076	RELATING TO CERTAIN OTHER SUITS
2077	2077	Sec. 1054.053. TERM OF CERTAIN APPOINTMENTS
2078	2078	Sec. 1054.054. DUTIES
2079	2079	Sec. 1054.055. COMPENSATION AND EXPENSES
2080	2080	Sec. 1054.056. IMMUNITY
2081	2081	[Sections 1054.057-1054.100 reserved for expansion]
2082	2082	SUBCHAPTER C. COURT VISITORS
2083	2083	Sec. 1054.101. INAPPLICABILITY OF SUBCHAPTER TO
2084	2084	CERTAIN GUARDIANSHIPS
2085	2085	Sec. 1054.102. OPERATION OF COURT VISITOR PROGRAM
2086	2086	Sec. 1054.103. EVALUATION OF WARD OR PROPOSED WARD
2087	2087	Sec. 1054.104. EVALUATION REPORT
2088	2088	Sec. 1054.105. COMPENSATION
2089	2089	[Sections 1054.106-1054.150 reserved for expansion]
2090	2090	SUBCHAPTER D. COURT INVESTIGATORS
2091	2091	Sec. 1054.151. INVESTIGATION OF GUARDIANSHIP
2092	2092	APPLICATION
2093	2093	Sec. 1054.152. GENERAL DUTIES
2094	2094	Sec. 1054.153. INVESTIGATION REPORT
2095	2095	Sec. 1054.154. EFFECT OF SUBCHAPTER ON OTHER LAW
2096	2096	[Sections 1054.155-1054.200 reserved for expansion]
2097	2097	SUBCHAPTER E. QUALIFICATIONS TO SERVE AS COURT-APPOINTED ATTORNEY
2098	2098	Sec. 1054.201. CERTIFICATION REQUIRED
2099	2099	Sec. 1054.202. CERTIFICATE EXPIRATION
2100	2100	Sec. 1054.203. ELIGIBILITY FOR APPOINTMENT ON
2101	2101	EXPIRATION OF CERTIFICATE
2102	2102	CHAPTER 1054. COURT OFFICERS AND COURT-APPOINTED PERSONS
2103	2103	SUBCHAPTER A. ATTORNEYS AD LITEM AND INTERPRETERS
2104	2104	Sec. 1054.001. APPOINTMENT OF ATTORNEY AD LITEM IN
2105	2105	PROCEEDING FOR APPOINTMENT OF GUARDIAN. In a proceeding under this
2106	2106	title for the appointment of a guardian, the court shall appoint an
2107	2107	attorney ad litem to represent the proposed ward's interests.
2108	2108	(Tex. Prob. Code, Sec. 646(a) (part).)
2109	2109	Sec. 1054.002. TERM OF APPOINTMENT. Unless the court
2110	2110	determines that the continued appointment of an attorney ad litem
2111	2111	appointed under Section 1054.001 is in the ward's best interests,
2112	2112	the attorney's term of appointment expires, without a court order,
2113	2113	on the date the court:
2114	2114	(1) appoints a guardian; or
2115	2115	(2) denies the application for appointment of a
2116	2116	guardian. (Tex. Prob. Code, Sec. 646(e).)
2117	2117	Sec. 1054.003. ACCESS TO RECORDS. An attorney ad litem
2118	2118	appointed under Section 1054.001 shall be provided copies of all of
2119	2119	the current records in the guardianship case. The attorney may have
2120	2120	access to all of the proposed ward's relevant medical,
2121	2121	psychological, and intellectual testing records. (Tex. Prob. Code,
2122	2122	Sec. 646(a) (part).)
2123	2123	Sec. 1054.004. DUTIES. (a) An attorney ad litem appointed
2124	2124	under Section 1054.001 shall interview the proposed ward within a
2125	2125	reasonable time before the hearing in the proceeding for the
2126	2126	appointment of a guardian. To the greatest extent possible, the
2127	2127	attorney shall discuss with the proposed ward:
2128	2128	(1) the law and facts of the case;
2129	2129	(2) the proposed ward's legal options regarding
2130	2130	disposition of the case; and
2131	2131	(3) the grounds on which guardianship is sought.
2132	2132	(b) Before the hearing, the attorney ad litem shall review:
2133	2133	(1) the application for guardianship;
2134	2134	(2) certificates of current physical, medical, and
2135	2135	intellectual examinations; and
2136	2136	(3) all of the proposed ward's relevant medical,
2137	2137	psychological, and intellectual testing records. (Tex. Prob. Code,
2138	2138	Sec. 647.)
2139	2139	Sec. 1054.005. APPOINTMENT OF INTERPRETER. At the time the
2140	2140	court appoints the attorney ad litem under Section 1054.001, the
2141	2141	court shall appoint a language interpreter or sign interpreter if
2142	2142	necessary to ensure effective communication between the proposed
2143	2143	ward and the attorney. (Tex. Prob. Code, Sec. 646(d).)
2144	2144	[Sections 1054.006-1054.050 reserved for expansion]
2145	2145	SUBCHAPTER B. GUARDIANS AD LITEM
2146	2146	Sec. 1054.051. APPOINTMENT OF GUARDIAN AD LITEM IN
2147	2147	GUARDIANSHIP PROCEEDING. The judge may appoint a guardian ad litem
2148	2148	to represent the interests of an incapacitated person in a
2149	2149	guardianship proceeding. (Tex. Prob. Code, Sec. 645(a).)
2150	2150	Sec. 1054.052. APPOINTMENT OF GUARDIAN AD LITEM RELATING TO
2151	2151	CERTAIN OTHER SUITS. In the interest of judicial economy, the court
2152	2152	may appoint as guardian ad litem under Section 1104.354(1) the
2153	2153	person who has been appointed attorney ad litem under Section
2154	2154	1054.001 or the person who is serving as an ad litem for the ward's
2155	2155	benefit in any other proceeding. (Tex. Prob. Code, Sec. 645(e).)
2156	2156	Sec. 1054.053. TERM OF CERTAIN APPOINTMENTS. Unless the
2157	2157	court determines that the continued appointment of a guardian ad
2158	2158	litem appointed in a proceeding for the appointment of a guardian is
2159	2159	in the ward's best interests, the guardian ad litem's term of
2160	2160	appointment expires, without a court order, on the date the court:
2161	2161	(1) appoints a guardian; or
2162	2162	(2) denies the application for appointment of a
2163	2163	guardian. (Tex. Prob. Code, Sec. 645(f).)
2164	2164	Sec. 1054.054. DUTIES. (a) A guardian ad litem is an
2165	2165	officer of the court.
2166	2166	(b) A guardian ad litem shall protect the incapacitated
2167	2167	person whose interests the guardian has been appointed to represent
2168	2168	in a manner that will enable the court to determine the action that
2169	2169	will be in that person's best interests. (Tex. Prob. Code, Sec.
2170	2170	645(c).)
2171	2171	Sec. 1054.055. COMPENSATION AND EXPENSES. (a) A guardian
2172	2172	ad litem is entitled to reasonable compensation for services
2173	2173	provided in the amount set by the court, to be taxed as costs in the
2174	2174	proceeding.
2175	2175	(b) The fees and expenses of a guardian ad litem appointed
2176	2176	under Section 1104.354(1) are costs of the litigation proceeding
2177	2177	that made the appointment necessary. (Tex. Prob. Code, Secs.
2178	2178	645(b), (d).)
2179	2179	Sec. 1054.056. IMMUNITY. (a) Subject to Subsection (b), a
2180	2180	guardian ad litem appointed under this subchapter or Section
2181	2181	1102.001 or 1202.054 to represent the interests of an incapacitated
2182	2182	person in a guardianship proceeding involving the creation,
2183	2183	modification, or termination of a guardianship is not liable for
2184	2184	civil damages arising from a recommendation made or an opinion
2185	2185	given in the capacity of guardian ad litem.
2186	2186	(b) This section does not apply to a recommendation or
2187	2187	opinion that is:
2188	2188	(1) wilfully wrongful;
2189	2189	(2) given:
2190	2190	(A) with conscious indifference to or reckless
2191	2191	disregard for the safety of another;
2192	2192	(B) with malice; or
2193	2193	(C) in bad faith; or
2194	2194	(3) grossly negligent. (Tex. Prob. Code, Sec. 645A.)
2195	2195	[Sections 1054.057-1054.100 reserved for expansion]
2196	2196	SUBCHAPTER C. COURT VISITORS
2197	2197	Sec. 1054.101. INAPPLICABILITY OF SUBCHAPTER TO CERTAIN
2198	2198	GUARDIANSHIPS. This subchapter does not apply to a guardianship
2199	2199	created only because the appointment of a guardian for a person is
2200	2200	necessary for the person to receive funds from a governmental
2201	2201	source. (Tex. Prob. Code, Sec. 648(f).)
2202	2202	Sec. 1054.102. OPERATION OF COURT VISITOR PROGRAM. (a)
2203	2203	Each statutory probate court shall operate a court visitor program
2204	2204	to assess the conditions of wards and proposed wards.
2205	2205	(b) A court, other than a statutory probate court, that has
2206	2206	jurisdiction of a guardianship proceeding may operate a court
2207	2207	visitor program in accordance with the population needs and
2208	2208	financial abilities of the area the court serves. (Tex. Prob. Code,
2209	2209	Sec. 648(a) (part).)
2210	2210	Sec. 1054.103. EVALUATION OF WARD OR PROPOSED WARD. A
2211	2211	court, at any time before a guardian is appointed for a proposed
2212	2212	ward or during the pendency of a guardianship of the person or
2213	2213	estate, may appoint a court visitor to evaluate the ward or proposed
2214	2214	ward and provide a written report that substantially complies with
2215	2215	Section 1054.104(b) on:
2216	2216	(1) the request of any interested person, including
2217	2217	the ward or proposed ward; or
2218	2218	(2) the court's own motion. (Tex. Prob. Code, Sec.
2219	2219	648(b).)
2220	2220	Sec. 1054.104. EVALUATION REPORT. (a) A court visitor
2221	2221	appointed under Section 1054.103 shall file the report on the
2222	2222	evaluation of a ward or proposed ward not later than the 14th day
2223	2223	after the date the court visitor conducts the evaluation. The court
2224	2224	visitor shall swear under penalty of perjury that the report is
2225	2225	accurate to the best of the court visitor's knowledge and belief.
2226	2226	(b) A court visitor's report must include:
2227	2227	(1) a description of the nature and degree of the
2228	2228	ward's or proposed ward's capacity and incapacity, including a
2229	2229	description of the ward's or proposed ward's medical history, if
2230	2230	reasonably available and not waived by the court;
2231	2231	(2) a medical prognosis and list of the ward's or
2232	2232	proposed ward's treating physicians, when appropriate;
2233	2233	(3) a description of the ward's or proposed ward's
2234	2234	living conditions and circumstances;
2235	2235	(4) a description of the ward's or proposed ward's
2236	2236	social, intellectual, physical, and educational conditions;
2237	2237	(5) a statement that the court visitor has personally
2238	2238	visited or observed the ward or proposed ward;
2239	2239	(6) a statement of the date of the guardian's most
2240	2240	recent visit, if a guardian has been appointed;
2241	2241	(7) a recommendation as to any modification needed in
2242	2242	the guardianship or proposed guardianship, including removal or
2243	2243	denial of the guardianship; and
2244	2244	(8) any other information required by the court.
2245	2245	(Tex. Prob. Code, Secs. 648(c), (d).)
2246	2246	Sec. 1054.105. COMPENSATION. (a) A court that operates a
2247	2247	court visitor program shall use persons willing to serve as court
2248	2248	visitors without compensation to the greatest extent possible.
2249	2249	(b) A court visitor who has not expressed a willingness to
2250	2250	serve without compensation is entitled to reasonable compensation
2251	2251	for services provided in an amount set by the court, to be taxed as
2252	2252	costs in the proceeding. (Tex. Prob. Code, Secs. 648(a) (part),
2253	2253	(e).)
2254	2254	[Sections 1054.106-1054.150 reserved for expansion]
2255	2255	SUBCHAPTER D. COURT INVESTIGATORS
2256	2256	Sec. 1054.151. INVESTIGATION OF GUARDIANSHIP APPLICATION.
2257	2257	On the filing of an application for guardianship under Section
2258	2258	1101.001, a court investigator shall investigate the circumstances
2259	2259	alleged in the application to determine whether a less restrictive
2260	2260	alternative to guardianship is appropriate. (Tex. Prob. Code, Sec.
2261	2261	648A(a).)
2262	2262	Sec. 1054.152. GENERAL DUTIES. A court investigator shall:
2263	2263	(1) supervise a court visitor program established
2264	2264	under Subchapter C and, in that capacity, serve as the chief court
2265	2265	visitor;
2266	2266	(2) investigate a complaint received from any person
2267	2267	about a guardianship and report to the judge, if necessary; and
2268	2268	(3) perform other duties as assigned by the judge or
2269	2269	required by this title. (Tex. Prob. Code, Sec. 648A(b).)
2270	2270	Sec. 1054.153. INVESTIGATION REPORT. (a) A court
2271	2271	investigator shall file with the court a report containing the
2272	2272	court investigator's findings and conclusions after conducting an
2273	2273	investigation under Section 1054.151 or 1054.152.
2274	2274	(b) In a contested case, the court investigator shall
2275	2275	provide copies of the report of the court investigator's findings
2276	2276	and conclusions to the attorneys for the parties before the earlier
2277	2277	of:
2278	2278	(1) the seventh day after the date the court
2279	2279	investigator completes the report; or
2280	2280	(2) the 10th day before the date the trial is scheduled
2281	2281	to begin.
2282	2282	(c) Disclosure to a jury of the contents of a court
2283	2283	investigator's report is subject to the Texas Rules of Evidence.
2284	2284	(Tex. Prob. Code, Sec. 648A(c).)
2285	2285	Sec. 1054.154. EFFECT OF SUBCHAPTER ON OTHER LAW. Nothing
2286	2286	in this subchapter supersedes any duty or obligation of another to
2287	2287	report or investigate abuse or neglect under any statute of this
2288	2288	state. (Tex. Prob. Code, Sec. 648A(d).)
2289	2289	[Sections 1054.155-1054.200 reserved for expansion]
2290	2290	SUBCHAPTER E. QUALIFICATIONS TO SERVE AS COURT-APPOINTED ATTORNEY
2291	2291	Sec. 1054.201. CERTIFICATION REQUIRED. (a) A
2292	2292	court-appointed attorney in a guardianship proceeding, including
2293	2293	an attorney ad litem, must be certified by the State Bar of Texas,
2294	2294	or a person or other entity designated by the state bar, as having
2295	2295	successfully completed a course of study in guardianship law and
2296	2296	procedure sponsored by the state bar or the state bar's designee.
2297	2297	(b) The State Bar of Texas shall require three hours of
2298	2298	credit for certification under this subchapter. (Tex. Prob. Code,
2299	2299	Secs. 646(b), 647A(a), (b).)
2300	2300	Sec. 1054.202. CERTIFICATE EXPIRATION. (a) Except as
2301	2301	provided by Subsection (b), a certificate issued under this
2302	2302	subchapter expires on the second anniversary of the date the
2303	2303	certificate is issued.
2304	2304	(b) A new certificate obtained by a person to whom a
2305	2305	certificate under this subchapter was previously issued expires on
2306	2306	the fourth anniversary of the date the new certificate is issued if
2307	2307	the person has been certified each of the four years immediately
2308	2308	preceding the date the new certificate is issued. (Tex. Prob. Code,
2309	2309	Secs. 647A(c), (e).)
2310	2310	Sec. 1054.203. ELIGIBILITY FOR APPOINTMENT ON EXPIRATION OF
2311	2311	CERTIFICATE. An attorney whose certificate issued under this
2312	2312	subchapter has expired must obtain a new certificate to be eligible
2313	2313	for appointment by a court to represent a person at a guardianship
2314	2314	proceeding, including as an attorney ad litem. (Tex. Prob. Code, Secs. 646(c), 647A(d).)
2315	2315	CHAPTER 1055. TRIAL AND HEARING MATTERS
2316	2316	SUBCHAPTER A. STANDING AND PLEADINGS
2317	2317	Sec. 1055.001. STANDING TO COMMENCE OR CONTEST
2318	2318	PROCEEDING
2319	2319	Sec. 1055.002. DEFECT IN PLEADING
2320	2320	[Sections 1055.003-1055.050 reserved for expansion]
2321	2321	SUBCHAPTER B. TRIAL AND HEARING
2322	2322	Sec. 1055.051. HEARING BY SUBMISSION
2323	2323	Sec. 1055.052. TRIAL BY JURY
2324	2324	[Sections 1055.053-1055.100 reserved for expansion]
2325	2325	SUBCHAPTER C. EVIDENCE
2326	2326	Sec. 1055.101. APPLICABILITY OF CERTAIN RULES RELATING
2327	2327	TO WITNESSES AND EVIDENCE
2328	2328	Sec. 1055.102. USE OF CERTAIN RECORDS AS EVIDENCE
2329	2329	CHAPTER 1055. TRIAL AND HEARING MATTERS
2330	2330	SUBCHAPTER A. STANDING AND PLEADINGS
2331	2331	Sec. 1055.001. STANDING TO COMMENCE OR CONTEST PROCEEDING.
2332	2332	(a) Except as provided by Subsection (b), any person has the right
2333	2333	to:
2334	2334	(1) commence a guardianship proceeding, including a
2335	2335	proceeding for complete restoration of a ward's capacity or
2336	2336	modification of a ward's guardianship; or
2337	2337	(2) appear and contest a guardianship proceeding or
2338	2338	the appointment of a particular person as guardian.
2339	2339	(b) A person who has an interest that is adverse to a
2340	2340	proposed ward or incapacitated person may not:
2341	2341	(1) file an application to create a guardianship for
2342	2342	the proposed ward or incapacitated person;
2343	2343	(2) contest the creation of a guardianship for the
2344	2344	proposed ward or incapacitated person;
2345	2345	(3) contest the appointment of a person as a guardian
2346	2346	of the proposed ward or incapacitated person; or
2347	2347	(4) contest an application for complete restoration of
2348	2348	a ward's capacity or modification of a ward's guardianship.
2349	2349	(c) The court shall determine by motion in limine the
2350	2350	standing of a person who has an interest that is adverse to a
2351	2351	proposed ward or incapacitated person. (Tex. Prob. Code, Sec.
2352	2352	642.)
2353	2353	Sec. 1055.002. DEFECT IN PLEADING. A court may not
2354	2354	invalidate a pleading in a guardianship matter, or an order based on
2355	2355	the pleading, on the basis of a defect of form or substance in the
2356	2356	pleading unless a timely objection has been made against the defect
2357	2357	and the defect has been called to the attention of the court in
2358	2358	which the proceeding was or is pending. (Tex. Prob. Code, Sec.
2359	2359	641.)
2360	2360	[Sections 1055.003-1055.050 reserved for expansion]
2361	2361	SUBCHAPTER B. TRIAL AND HEARING
2362	2362	Sec. 1055.051. HEARING BY SUBMISSION. (a) A court may
2363	2363	consider by submission a motion or application filed under this
2364	2364	title unless the proceeding is:
2365	2365	(1) contested; or
2366	2366	(2) an application for the appointment of a guardian.
2367	2367	(b) The party seeking relief under a motion or application
2368	2368	being considered by the court on submission has the burden of proof
2369	2369	at the hearing.
2370	2370	(c) The court may consider a person's failure to file a
2371	2371	response to a motion or application that may be considered on
2372	2372	submission as a representation that the person does not oppose the
2373	2373	motion or application.
2374	2374	(d) A person's request for oral argument is not a response
2375	2375	to a motion or application under this section.
2376	2376	(e) The court, on the court's own motion, may order oral
2377	2377	argument on a motion or application that may be considered by
2378	2378	submission. (Tex. Prob. Code, Sec. 644.)
2379	2379	Sec. 1055.052. TRIAL BY JURY. A party in a contested
2380	2380	guardianship proceeding is entitled to a jury trial on request.
2381	2381	(Tex. Prob. Code, Sec. 643.)
2382	2382	[Sections 1055.053-1055.100 reserved for expansion]
2383	2383	SUBCHAPTER C. EVIDENCE
2384	2384	Sec. 1055.101. APPLICABILITY OF CERTAIN RULES RELATING TO
2385	2385	WITNESSES AND EVIDENCE. The rules relating to witnesses and
2386	2386	evidence that apply in the district court apply in a guardianship
2387	2387	proceeding to the extent practicable. (Tex. Prob. Code, Sec. 649
2388	2388	(part).)
2389	2389	Sec. 1055.102. USE OF CERTAIN RECORDS AS EVIDENCE. The
2390	2390	following are admissible as evidence in any court of this state:
2391	2391	(1) record books described by Sections 1052.001,
2392	2392	1052.002, and 1052.003 and individual case files described by
2393	2393	Section 1052.052, including records maintained in a manner allowed
2394	2394	under Section 1052.004; and
2395	2395	(2) certified copies or reproductions of the records. (Tex. Prob. Code, Sec. 628.)
2396	2396	CHAPTER 1056. EXECUTION, ATTACHMENT, AND BILL OF REVIEW
2397	2397	SUBCHAPTER A. EXECUTION
2398	2398	Sec. 1056.001. EXECUTIONS IN GUARDIANSHIP MATTERS
2399	2399	[Sections 1056.002-1056.050 reserved for expansion]
2400	2400	SUBCHAPTER B. ATTACHMENT OF ESTATE PROPERTY
2401	2401	Sec. 1056.051. ORDER FOR ISSUANCE OF WRIT OF
2402	2402	ATTACHMENT
2403	2403	Sec. 1056.052. BOND
2404	2404	[Sections 1056.053-1056.100 reserved for expansion]
2405	2405	SUBCHAPTER C. BILL OF REVIEW
2406	2406	Sec. 1056.101. REVISION AND CORRECTION OF ORDER OR
2407	2407	JUDGMENT IN GUARDIANSHIP PROCEEDING
2408	2408	Sec. 1056.102. INJUNCTION
2409	2409	CHAPTER 1056. EXECUTION, ATTACHMENT, AND BILL OF REVIEW
2410	2410	SUBCHAPTER A. EXECUTION
2411	2411	Sec. 1056.001. EXECUTIONS IN GUARDIANSHIP MATTERS. (a) An
2412	2412	execution in a guardianship matter must be:
2413	2413	(1) directed "to any sheriff or any constable within
2414	2414	the State of Texas";
2415	2415	(2) attested and signed by the clerk officially under
2416	2416	court seal; and
2417	2417	(3) made returnable in 60 days.
2418	2418	(b) A proceeding under an execution in a guardianship matter
2419	2419	is governed, to the extent applicable, by the laws regulating a
2420	2420	proceeding under an execution issued by a district court.
2421	2421	(c) Notwithstanding Subsection (a), an execution directed
2422	2422	to the sheriff or a constable of a specific county in this state may
2423	2423	not be held defective if properly executed within that county by the
2424	2424	sheriff or constable to whom the execution is directed. (Tex. Prob.
2425	2425	Code, Sec. 653.)
2426	2426	[Sections 1056.002-1056.050 reserved for expansion]
2427	2427	SUBCHAPTER B. ATTACHMENT OF ESTATE PROPERTY
2428	2428	Sec. 1056.051. ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT.
2429	2429	(a) If a person interested in the estate of an incapacitated person
2430	2430	files with the judge a written complaint made under oath alleging
2431	2431	that the guardian is about to remove the estate or a part of the
2432	2432	estate outside of the state, the judge may order a writ of
2433	2433	attachment to issue, directed "to any sheriff or any constable
2434	2434	within the State of Texas." The writ must order the sheriff or
2435	2435	constable to:
2436	2436	(1) seize the estate or a part of the estate; and
2437	2437	(2) hold that property subject to further court order.
2438	2438	(b) Notwithstanding Subsection (a), a writ of attachment
2439	2439	directed to the sheriff or constable of a specific county in this
2440	2440	state is not defective if the writ was properly executed within that
2441	2441	county by the sheriff or constable to whom the writ is directed.
2442	2442	(Tex. Prob. Code, Sec. 654 (part).)
2443	2443	Sec. 1056.052. BOND. Before a judge may issue a writ of
2444	2444	attachment ordered under Section 1056.051, the complainant must
2445	2445	execute a bond that is:
2446	2446	(1) payable to the guardian of the estate;
2447	2447	(2) in an amount set by the judge; and
2448	2448	(3) conditioned on the payment of all damages and
2449	2449	costs that are recovered for a wrongful suit out of the writ. (Tex.
2450	2450	Prob. Code, Sec. 654 (part).)
2451	2451	[Sections 1056.053-1056.100 reserved for expansion]
2452	2452	SUBCHAPTER C. BILL OF REVIEW
2453	2453	Sec. 1056.101. REVISION AND CORRECTION OF ORDER OR JUDGMENT
2454	2454	IN GUARDIANSHIP PROCEEDING. (a) An interested person, including a
2455	2455	ward, may, by a bill of review filed in the court in which the
2456	2456	guardianship proceeding was held, have an order or judgment
2457	2457	rendered by the court revised and corrected on a showing of error in
2458	2458	the order or judgment.
2459	2459	(b) Except as provided by Subsection (c), a bill of review
2460	2460	to revise and correct an order or judgment may not be filed more
2461	2461	than two years after the date of the order or judgment.
2462	2462	(c) A bill of review to revise and correct an order or
2463	2463	judgment filed by a person whose disability has been removed must be
2464	2464	filed not later than the second anniversary of the date the person's
2465	2465	disability was removed. (Tex. Prob. Code, Sec. 657 (part).)
2466	2466	Sec. 1056.102. INJUNCTION. A process or action under a
2467	2467	court order or judgment subject to a bill of review filed under
2468	2468	Section 1056.101 may be stayed only by writ of injunction. (Tex. Prob. Code, Sec. 657 (part).)
2469	2469	CHAPTER 1057. CHANGE AND RESIGNATION OF RESIDENT AGENT OF
2470	2470	GUARDIAN FOR SERVICE OF PROCESS
2471	2471	Sec. 1057.001. CHANGE OF RESIDENT AGENT
2472	2472	Sec. 1057.002. RESIGNATION OF RESIDENT AGENT
2473	2473	CHAPTER 1057. CHANGE AND RESIGNATION OF RESIDENT AGENT OF
2474	2474	GUARDIAN FOR SERVICE OF PROCESS
2475	2475	Sec. 1057.001. CHANGE OF RESIDENT AGENT. (a) A guardian
2476	2476	may change the guardian's resident agent to accept service of
2477	2477	process in a guardianship proceeding or other matter relating to
2478	2478	the guardianship by filing with the court in which the guardianship
2479	2479	proceeding is pending a statement titled "Designation of Successor
2480	2480	Resident Agent" that states the names and addresses of:
2481	2481	(1) the guardian;
2482	2482	(2) the resident agent; and
2483	2483	(3) the successor resident agent.
2484	2484	(b) The designation of a successor resident agent takes
2485	2485	effect on the date the statement is filed with the court. (Tex.
2486	2486	Prob. Code, Sec. 760A.)
2487	2487	Sec. 1057.002. RESIGNATION OF RESIDENT AGENT. (a) A
2488	2488	resident agent of a guardian may resign as resident agent by giving
2489	2489	notice to the guardian and filing with the court in which the
2490	2490	guardianship proceeding is pending a statement titled "Resignation
2491	2491	of Resident Agent" that states:
2492	2492	(1) the name of the guardian;
2493	2493	(2) the guardian's address most recently known by the
2494	2494	resident agent;
2495	2495	(3) that notice of the resignation has been given to
2496	2496	the guardian and the date that notice was given; and
2497	2497	(4) that the guardian does not have a resident agent.
2498	2498	(b) The resident agent shall send, by certified mail, return
2499	2499	receipt requested, a copy of a resignation statement filed under
2500	2500	Subsection (a) to:
2501	2501	(1) the guardian at the address most recently known by
2502	2502	the resident agent; and
2503	2503	(2) each party in the case or the party's attorney or
2504	2504	other designated representative of record.
2505	2505	(c) The resignation of the resident agent takes effect on
2506	2506	the date the court enters an order accepting the resignation. A
2507	2507	court may not enter an order accepting the resignation unless the
2508	2508	resident agent complies with this section. (Tex. Prob. Code, Sec.
2509	2509	760B.)
2510	2510	[Chapters 1058-1100 reserved for expansion]
2511	2511	CHAPTER 1101. GENERAL PROCEDURE TO APPOINT GUARDIAN
2512	2512	SUBCHAPTER A. INITIATION OF PROCEEDING FOR APPOINTMENT OF GUARDIAN
2513	2513	Sec. 1101.001. APPLICATION FOR APPOINTMENT OF
2514	2514	GUARDIAN; CONTENTS
2515	2515	[Sections 1101.002-1101.050 reserved for expansion]
2516	2516	SUBCHAPTER B. HEARING; JURY TRIAL
2517	2517	Sec. 1101.051. HEARING
2518	2518	Sec. 1101.052. JURY TRIAL
2519	2519	Sec. 1101.053. PROVISION OF RECORDS REQUIRED; USE OF
2520	2520	RECORDS
2521	2521	[Sections 1101.054-1101.100 reserved for expansion]
2522	2522	SUBCHAPTER C. DETERMINATION OF NECESSITY OF GUARDIANSHIP; FINDINGS
2523	2523	AND PROOF
2524	2524	Sec. 1101.101. FINDINGS AND PROOF REQUIRED
2525	2525	Sec. 1101.102. DETERMINATION OF INCAPACITY OF CERTAIN
2526	2526	ADULTS: RECURRING ACTS OR OCCURRENCES
2527	2527	Sec. 1101.103. DETERMINATION OF INCAPACITY OF CERTAIN
2528	2528	ADULTS: PHYSICIAN EXAMINATION
2529	2529	Sec. 1101.104. EXAMINATIONS AND DOCUMENTATION
2530	2530	REGARDING MENTAL RETARDATION
2531	2531	Sec. 1101.105. PROHIBITION AGAINST CONSIDERATION OF
2532	2532	AGE AS SOLE FACTOR IN APPOINTMENT OF
2533	2533	GUARDIAN FOR ADULTS
2534	2534	Sec. 1101.106. EVIDENCE OF NECESSITY OF GUARDIANSHIP
2535	2535	TO RECEIVE GOVERNMENTAL FUNDS
2536	2536	[Sections 1101.107-1101.150 reserved for expansion]
2537	2537	SUBCHAPTER D. COURT ACTION
2538	2538	Sec. 1101.151. ORDER APPOINTING GUARDIAN WITH FULL
2539	2539	AUTHORITY
2540	2540	Sec. 1101.152. ORDER APPOINTING GUARDIAN WITH LIMITED
2541	2541	AUTHORITY
2542	2542	Sec. 1101.153. GENERAL CONTENTS OF ORDER APPOINTING
2543	2543	GUARDIAN
2544	2544	Sec. 1101.154. APPOINTMENT OF GUARDIAN OF ESTATE FOR
2545	2545	CERTAIN MINORS PROHIBITED
2546	2546	Sec. 1101.155. DISMISSAL OF APPLICATION
2547	2547	CHAPTER 1101. GENERAL PROCEDURE TO APPOINT GUARDIAN
2548	2548	SUBCHAPTER A. INITIATION OF PROCEEDING FOR APPOINTMENT OF GUARDIAN
2549	2549	Sec. 1101.001. APPLICATION FOR APPOINTMENT OF
2550	2550	GUARDIAN; CONTENTS. (a) Any person may commence a proceeding for
2551	2551	the appointment of a guardian by filing a written application in a
2552	2552	court having jurisdiction and venue.
2553	2553	(b) The application must be sworn to by the applicant and
2554	2554	state:
2555	2555	(1) the proposed ward's name, sex, date of birth, and
2556	2556	address;
2557	2557	(2) the name, relationship, and address of the person
2558	2558	the applicant seeks to have appointed as guardian;
2559	2559	(3) whether guardianship of the person or estate, or
2560	2560	both, is sought;
2561	2561	(4) the nature and degree of the alleged incapacity,
2562	2562	the specific areas of protection and assistance requested, and the
2563	2563	limitation or termination of rights requested to be included in the
2564	2564	court's order of appointment, including a termination of:
2565	2565	(A) the right of a proposed ward who is 18 years
2566	2566	of age or older to vote in a public election; and
2567	2567	(B) the proposed ward's eligibility to hold or
2568	2568	obtain a license to operate a motor vehicle under Chapter 521,
2569	2569	Transportation Code;
2570	2570	(5) the facts requiring the appointment of a guardian;
2571	2571	(6) the interest of the applicant in the appointment
2572	2572	of a guardian;
2573	2573	(7) the nature and description of any kind of
2574	2574	guardianship existing for the proposed ward in any other state;
2575	2575	(8) the name and address of any person or institution
2576	2576	having the care and custody of the proposed ward;
2577	2577	(9) the approximate value and description of the
2578	2578	proposed ward's property, including any compensation, pension,
2579	2579	insurance, or allowance to which the proposed ward may be entitled;
2580	2580	(10) the name and address of any person whom the
2581	2581	applicant knows to hold a power of attorney signed by the proposed
2582	2582	ward and a description of the type of power of attorney;
2583	2583	(11) for a proposed ward who is a minor, the following
2584	2584	information if known by the applicant:
2585	2585	(A) the name of each of the proposed ward's
2586	2586	parents and either the parent's address or that the parent is
2587	2587	deceased;
2588	2588	(B) the name and age of each of the proposed
2589	2589	ward's siblings, if any, and either the sibling's address or that
2590	2590	the sibling is deceased; and
2591	2591	(C) if each of the proposed ward's parents and
2592	2592	siblings are deceased, the names and addresses of the proposed
2593	2593	ward's next of kin who are adults;
2594	2594	(12) for a proposed ward who is a minor, whether the
2595	2595	minor was the subject of a legal or conservatorship proceeding in
2596	2596	the preceding two years and, if so:
2597	2597	(A) the court involved;
2598	2598	(B) the nature of the proceeding; and
2599	2599	(C) any final disposition of the proceeding;
2600	2600	(13) for a proposed ward who is an adult, the following
2601	2601	information if known by the applicant:
2602	2602	(A) the name of the proposed ward's spouse, if
2603	2603	any, and either the spouse's address or that the spouse is deceased;
2604	2604	(B) the name of each of the proposed ward's
2605	2605	parents and either the parent's address or that the parent is
2606	2606	deceased;
2607	2607	(C) the name and age of each of the proposed
2608	2608	ward's siblings, if any, and either the sibling's address or that
2609	2609	the sibling is deceased;
2610	2610	(D) the name and age of each of the proposed
2611	2611	ward's children, if any, and either the child's address or that the
2612	2612	child is deceased; and
2613	2613	(E) if there is no living spouse, parent, adult
2614	2614	sibling, or adult child of the proposed ward, the names and
2615	2615	addresses of the proposed ward's next of kin who are adults;
2616	2616	(14) facts showing that the court has venue of the
2617	2617	proceeding; and
2618	2618	(15) if applicable, that the person whom the applicant
2619	2619	seeks to have appointed as a guardian is a private professional
2620	2620	guardian who is certified under Subchapter C, Chapter 111,
2621	2621	Government Code, and has complied with the requirements of
2622	2622	Subchapter G, Chapter 1104. (Tex. Prob. Code, Sec. 682.)
2623	2623	[Sections 1101.002-1101.050 reserved for expansion]
2624	2624	SUBCHAPTER B. HEARING; JURY TRIAL
2625	2625	Sec. 1101.051. HEARING. (a) At a hearing for the
2626	2626	appointment of a guardian, the court shall:
2627	2627	(1) inquire into the ability of any allegedly
2628	2628	incapacitated adult to:
2629	2629	(A) feed, clothe, and shelter himself or herself;
2630	2630	(B) care for his or her own physical health; and
2631	2631	(C) manage his or her property or financial
2632	2632	affairs;
2633	2633	(2) ascertain the age of any proposed ward who is a
2634	2634	minor;
2635	2635	(3) inquire into the governmental reports for any
2636	2636	person who must have a guardian appointed to receive funds due the
2637	2637	person from any governmental source; and
2638	2638	(4) inquire into the qualifications, abilities, and
2639	2639	capabilities of the person seeking to be appointed guardian.
2640	2640	(b) A proposed ward must be present at the hearing unless
2641	2641	the court, on the record or in the order, determines that a personal
2642	2642	appearance is not necessary.
2643	2643	(c) The court may close the hearing at the request of the
2644	2644	proposed ward or the proposed ward's counsel. (Tex. Prob. Code,
2645	2645	Secs. 685(a), (c).)
2646	2646	Sec. 1101.052. JURY TRIAL. A proposed ward is entitled to a
2647	2647	jury trial on request. (Tex. Prob. Code, Sec. 685(b).)
2648	2648	Sec. 1101.053. PROVISION OF RECORDS REQUIRED; USE OF
2649	2649	RECORDS. (a) Before a hearing may be held for the appointment of a
2650	2650	guardian, current and relevant medical, psychological, and
2651	2651	intellectual testing records of the proposed ward must be provided
2652	2652	to the attorney ad litem appointed to represent the proposed ward
2653	2653	unless:
2654	2654	(1) the proposed ward is a minor or a person who must
2655	2655	have a guardian appointed to receive funds due the person from any
2656	2656	governmental source; or
2657	2657	(2) the court makes a finding on the record that:
2658	2658	(A) current or relevant records do not exist; and
2659	2659	(B) examining the proposed ward for the purpose
2660	2660	of creating the records is impractical.
2661	2661	(b) Current medical, psychological, and intellectual
2662	2662	testing records are a sufficient basis for a determination of
2663	2663	guardianship.
2664	2664	(c) The findings and recommendations contained in the
2665	2665	medical, psychological, and intellectual testing records are not
2666	2666	binding on the court. (Tex. Prob. Code, Sec. 686.)
2667	2667	[Sections 1101.054-1101.100 reserved for expansion]
2668	2668	SUBCHAPTER C. DETERMINATION OF NECESSITY OF GUARDIANSHIP; FINDINGS
2669	2669	AND PROOF
2670	2670	Sec. 1101.101. FINDINGS AND PROOF REQUIRED. (a) Before
2671	2671	appointing a guardian for a proposed ward, the court must:
2672	2672	(1) find by clear and convincing evidence that:
2673	2673	(A) the proposed ward is an incapacitated person;
2674	2674	(B) it is in the proposed ward's best interest to
2675	2675	have the court appoint a person as the proposed ward's guardian; and
2676	2676	(C) the proposed ward's rights or property will
2677	2677	be protected by the appointment of a guardian; and
2678	2678	(2) find by a preponderance of the evidence that:
2679	2679	(A) the court has venue of the case;
2680	2680	(B) the person to be appointed guardian is
2681	2681	eligible to act as guardian and is entitled to appointment, or, if
2682	2682	no eligible person entitled to appointment applies, the person
2683	2683	appointed is a proper person to act as guardian;
2684	2684	(C) if a guardian is appointed for a minor, the
2685	2685	guardianship is not created for the primary purpose of enabling the
2686	2686	minor to establish residency for enrollment in a school or school
2687	2687	district for which the minor is not otherwise eligible for
2688	2688	enrollment; and
2689	2689	(D) the proposed ward:
2690	2690	(i) is totally without capacity as provided
2691	2691	by this title to care for himself or herself and to manage his or her
2692	2692	property; or
2693	2693	(ii) lacks the capacity to do some, but not
2694	2694	all, of the tasks necessary to care for himself or herself or to
2695	2695	manage his or her property.
2696	2696	(b) The court may not grant an application to create a
2697	2697	guardianship unless the applicant proves each element required by
2698	2698	this title. (Tex. Prob. Code, Secs. 684(a), (b), (c) (part).)
2699	2699	Sec. 1101.102. DETERMINATION OF INCAPACITY OF CERTAIN
2700	2700	ADULTS: RECURRING ACTS OR OCCURRENCES. A determination of
2701	2701	incapacity of an adult proposed ward, other than a person who must
2702	2702	have a guardian appointed to receive funds due the person from any
2703	2703	governmental source, must be evidenced by recurring acts or
2704	2704	occurrences in the preceding six months and not by isolated
2705	2705	instances of negligence or bad judgment. (Tex. Prob. Code, Sec.
2706	2706	684(c) (part).)
2707	2707	Sec. 1101.103. DETERMINATION OF INCAPACITY OF CERTAIN
2708	2708	ADULTS: PHYSICIAN EXAMINATION. (a) Except as provided by Section
2709	2709	1101.104, the court may not grant an application to create a
2710	2710	guardianship for an incapacitated person, other than a minor or
2711	2711	person for whom it is necessary to have a guardian appointed only to
2712	2712	receive funds from a governmental source, unless the applicant
2713	2713	presents to the court a written letter or certificate from a
2714	2714	physician licensed in this state that is:
2715	2715	(1) dated not earlier than the 120th day before the
2716	2716	date the application is filed; and
2717	2717	(2) based on an examination the physician performed
2718	2718	not earlier than the 120th day before the date the application is
2719	2719	filed.
2720	2720	(b) The letter or certificate must:
2721	2721	(1) describe the nature, degree, and severity of the
2722	2722	proposed ward's incapacity, including any functional deficits
2723	2723	regarding the proposed ward's ability to:
2724	2724	(A) handle business and managerial matters;
2725	2725	(B) manage financial matters;
2726	2726	(C) operate a motor vehicle;
2727	2727	(D) make personal decisions regarding residence,
2728	2728	voting, and marriage; and
2729	2729	(E) consent to medical, dental, psychological,
2730	2730	or psychiatric treatment;
2731	2731	(2) in providing a description under Subdivision (1)
2732	2732	regarding the proposed ward's ability to operate a motor vehicle
2733	2733	and make personal decisions regarding voting, state whether in the
2734	2734	physician's opinion the proposed ward:
2735	2735	(A) has the mental capacity to vote in a public
2736	2736	election; and
2737	2737	(B) has the ability to safely operate a motor
2738	2738	vehicle;
2739	2739	(3) provide an evaluation of the proposed ward's
2740	2740	physical condition and mental function and summarize the proposed
2741	2741	ward's medical history if reasonably available;
2742	2742	(4) state how or in what manner the proposed ward's
2743	2743	ability to make or communicate responsible decisions concerning
2744	2744	himself or herself is affected by the proposed ward's physical or
2745	2745	mental health, including the proposed ward's ability to:
2746	2746	(A) understand or communicate;
2747	2747	(B) recognize familiar objects and individuals;
2748	2748	(C) perform simple calculations;
2749	2749	(D) reason logically; and
2750	2750	(E) administer to daily life activities;
2751	2751	(5) state whether any current medication affects the
2752	2752	proposed ward's demeanor or the proposed ward's ability to
2753	2753	participate fully in a court proceeding;
2754	2754	(6) describe the precise physical and mental
2755	2755	conditions underlying a diagnosis of a mental disability, and state
2756	2756	whether the proposed ward would benefit from supports and services
2757	2757	that would allow the individual to live in the least restrictive
2758	2758	setting; and
2759	2759	(7) include any other information required by the
2760	2760	court.
2761	2761	(c) If the court determines it is necessary, the court may
2762	2762	appoint the necessary physicians to examine the proposed ward. The
2763	2763	court must make its determination with respect to the necessity for
2764	2764	a physician's examination of the proposed ward at a hearing held for
2765	2765	that purpose. Not later than the fourth day before the date of the
2766	2766	hearing, the applicant shall give to the proposed ward and the
2767	2767	proposed ward's attorney ad litem written notice specifying the
2768	2768	purpose and the date and time of the hearing.
2769	2769	(d) A physician who examines the proposed ward, other than a
2770	2770	physician or psychologist who examines the proposed ward under
2771	2771	Section 1101.104(2), shall make available for inspection by the
2772	2772	attorney ad litem appointed to represent the proposed ward a
2773	2773	written letter or certificate from the physician that complies with
2774	2774	the requirements of Subsections (a) and (b). (Tex. Prob. Code,
2775	2775	Secs. 687(a), (b).)
2776	2776	Sec. 1101.104. EXAMINATIONS AND DOCUMENTATION REGARDING
2777	2777	MENTAL RETARDATION. If mental retardation is the basis of the
2778	2778	proposed ward's alleged incapacity, the court may not grant an
2779	2779	application to create a guardianship for the proposed ward unless
2780	2780	the applicant presents to the court:
2781	2781	(1) a written letter or certificate that:
2782	2782	(A) complies with Sections 1101.103(a) and (b);
2783	2783	and
2784	2784	(B) states that the physician has made a
2785	2785	determination of mental retardation in accordance with Section
2786	2786	593.005, Health and Safety Code; or
2787	2787	(2) both:
2788	2788	(A) written documentation showing that, not
2789	2789	earlier than 24 months before the hearing date, the proposed ward
2790	2790	has been examined by a physician or psychologist licensed in this
2791	2791	state or certified by the Department of Aging and Disability
2792	2792	Services to perform the examination, in accordance with rules of
2793	2793	the executive commissioner of the Health and Human Services
2794	2794	Commission governing examinations of that kind; and
2795	2795	(B) the physician's or psychologist's written
2796	2796	findings and recommendations, including a statement as to whether
2797	2797	the physician or psychologist has made a determination of mental
2798	2798	retardation in accordance with Section 593.005, Health and Safety
2799	2799	Code. (Tex. Prob. Code, Sec. 687(c).)
2800	2800	Sec. 1101.105. PROHIBITION AGAINST CONSIDERATION OF AGE AS
2801	2801	SOLE FACTOR IN APPOINTMENT OF GUARDIAN FOR ADULTS. In determining
2802	2802	whether to appoint a guardian for an incapacitated person who is not
2803	2803	a minor, the court may not use age as the sole factor. (Tex. Prob.
2804	2804	Code, Sec. 602 (part).)
2805	2805	Sec. 1101.106. EVIDENCE OF NECESSITY OF GUARDIANSHIP TO
2806	2806	RECEIVE GOVERNMENTAL FUNDS. A certificate of the executive head or
2807	2807	a representative of a bureau, department, or agency of the
2808	2808	government, to the effect that the appointment of a guardian is a
2809	2809	condition precedent to the payment of any funds due the proposed
2810	2810	ward from that governmental entity, is prima facie evidence of the
2811	2811	necessity for the appointment of a guardian. (Tex. Prob. Code, Sec.
2812	2812	684(e).)
2813	2813	[Sections 1101.107-1101.150 reserved for expansion]
2814	2814	SUBCHAPTER D. COURT ACTION
2815	2815	Sec. 1101.151. ORDER APPOINTING GUARDIAN WITH FULL
2816	2816	AUTHORITY. (a) If it is found that the proposed ward is totally
2817	2817	without capacity to care for himself or herself, manage his or her
2818	2818	property, operate a motor vehicle, and vote in a public election,
2819	2819	the court may appoint a guardian of the proposed ward's person or
2820	2820	estate, or both, with full authority over the incapacitated person
2821	2821	except as provided by law.
2822	2822	(b) An order appointing a guardian under this section must
2823	2823	contain findings of fact and specify:
2824	2824	(1) the information required by Section 1101.153(a);
2825	2825	(2) that the guardian has full authority over the
2826	2826	incapacitated person;
2827	2827	(3) if necessary, the amount of funds from the corpus
2828	2828	of the person's estate the court will allow the guardian to spend
2829	2829	for the education and maintenance of the person under Subchapter A,
2830	2830	Chapter 1156;
2831	2831	(4) whether the person is totally incapacitated
2832	2832	because of a mental condition; and
2833	2833	(5) that the person does not have the capacity to
2834	2834	operate a motor vehicle and to vote in a public election. (Tex.
2835	2835	Prob. Code, Sec. 693(a).)
2836	2836	Sec. 1101.152. ORDER APPOINTING GUARDIAN WITH LIMITED
2837	2837	AUTHORITY. (a) If it is found that the proposed ward lacks the
2838	2838	capacity to do some, but not all, of the tasks necessary to care for
2839	2839	himself or herself or to manage his or her property, the court may
2840	2840	appoint a guardian with limited powers and permit the proposed ward
2841	2841	to care for himself or herself or to manage his or her property
2842	2842	commensurate with the proposed ward's ability.
2843	2843	(b) An order appointing a guardian under this section must
2844	2844	contain findings of fact and specify:
2845	2845	(1) the information required by Section 1101.153(a);
2846	2846	(2) the specific powers, limitations, or duties of the
2847	2847	guardian with respect to the person's care or the management of the
2848	2848	person's property by the guardian;
2849	2849	(3) if necessary, the amount of funds from the corpus
2850	2850	of the person's estate the court will allow the guardian to spend
2851	2851	for the education and maintenance of the person under Subchapter A,
2852	2852	Chapter 1156; and
2853	2853	(4) whether the person is incapacitated because of a
2854	2854	mental condition and, if so, whether the person retains the right to
2855	2855	vote in a public election or maintains eligibility to hold or obtain
2856	2856	a license to operate a motor vehicle under Chapter 521,
2857	2857	Transportation Code. (Tex. Prob. Code, Sec. 693(b).)
2858	2858	Sec. 1101.153. GENERAL CONTENTS OF ORDER APPOINTING
2859	2859	GUARDIAN. (a) A court order appointing a guardian must specify:
2860	2860	(1) the name of the person appointed;
2861	2861	(2) the name of the ward;
2862	2862	(3) whether the guardian is of the person or estate of
2863	2863	the ward, or both;
2864	2864	(4) the amount of any bond required;
2865	2865	(5) if it is a guardianship of the estate of the ward
2866	2866	and the court considers an appraisal to be necessary, one, two, or
2867	2867	three disinterested persons to appraise the estate and to return
2868	2868	the appraisement to the court; and
2869	2869	(6) that the clerk will issue letters of guardianship
2870	2870	to the person appointed when the person has qualified according to
2871	2871	law.
2872	2872	(b) An order appointing a guardian may not duplicate or
2873	2873	conflict with the powers and duties of any other guardian.
2874	2874	(c) An order appointing a guardian or a successor guardian
2875	2875	may specify as authorized by Section 1202.001(c) a period during
2876	2876	which a petition for adjudication that the ward no longer requires
2877	2877	the guardianship may not be filed without special leave. (Tex.
2878	2878	Prob. Code, Secs. 693(c), (d), (e).)
2879	2879	Sec. 1101.154. APPOINTMENT OF GUARDIAN OF ESTATE FOR
2880	2880	CERTAIN MINORS PROHIBITED. A court may not appoint a guardian of
2881	2881	the estate of a minor when a payment of claims is made under Chapter
2882	2882	1355. (Tex. Prob. Code, Sec. 684(d).)
2883	2883	Sec. 1101.155. DISMISSAL OF APPLICATION. If it is found
2884	2884	that a proposed ward who is an adult possesses the capacity to care
2885	2885	for himself or herself and manage his or her property as would a
2886	2886	reasonably prudent person, the court shall dismiss an application for guardianship. (Tex. Prob. Code, Sec. 692.)
2887	2887	CHAPTER 1102. COURT-INITIATED PROCEDURE TO APPOINT GUARDIAN
2888	2888	Sec. 1102.001. COURT-INITIATED INVESTIGATION
2889	2889	Sec. 1102.002. ESTABLISHMENT OF PROBABLE CAUSE FOR
2890	2890	INVESTIGATION
2891	2891	Sec. 1102.003. INFORMATION LETTER
2892	2892	Sec. 1102.004. APPLICATION FOR GUARDIANSHIP FOLLOWING
2893	2893	INVESTIGATION
2894	2894	Sec. 1102.005. COMPENSATION OF GUARDIAN AD LITEM
2895	2895	CHAPTER 1102. COURT-INITIATED PROCEDURE TO APPOINT GUARDIAN
2896	2896	Sec. 1102.001. COURT-INITIATED INVESTIGATION. If a court
2897	2897	has probable cause to believe that a person domiciled or found in
2898	2898	the county in which the court is located is an incapacitated person,
2899	2899	and the person does not have a guardian in this state, the court
2900	2900	shall appoint a guardian ad litem or court investigator to
2901	2901	investigate the person's conditions and circumstances to determine
2902	2902	whether:
2903	2903	(1) the person is an incapacitated person; and
2904	2904	(2) a guardianship is necessary. (Tex. Prob. Code,
2905	2905	Sec. 683(a) (part).)
2906	2906	Sec. 1102.002. ESTABLISHMENT OF PROBABLE CAUSE FOR
2907	2907	INVESTIGATION. To establish probable cause under Section 1102.001,
2908	2908	the court may require:
2909	2909	(1) an information letter about the person believed to
2910	2910	be incapacitated that is submitted by an interested person and
2911	2911	satisfies the requirements of Section 1102.003; or
2912	2912	(2) a written letter or certificate from a physician
2913	2913	who has examined the person believed to be incapacitated that
2914	2914	satisfies the requirements of Section 1101.103, except that the
2915	2915	letter must be:
2916	2916	(A) dated not earlier than the 120th day before
2917	2917	the date of the appointment of a guardian ad litem or court
2918	2918	investigator under Section 1102.001; and
2919	2919	(B) based on an examination the physician
2920	2920	performed not earlier than the 120th day before that date. (Tex.
2921	2921	Prob. Code, Sec. 683(b).)
2922	2922	Sec. 1102.003. INFORMATION LETTER. An information letter
2923	2923	under Section 1102.002(1) about a person believed to be
2924	2924	incapacitated may:
2925	2925	(1) include the person's name, address, telephone
2926	2926	number, county of residence, and date of birth;
2927	2927	(2) state whether the person's residence is a private
2928	2928	residence, health care facility, or other type of residence;
2929	2929	(3) describe the relationship between the person and
2930	2930	the interested person submitting the letter;
2931	2931	(4) contain the names and telephone numbers of any
2932	2932	known friends and relatives of the person;
2933	2933	(5) state whether a guardian of the person or estate
2934	2934	has been appointed in this state for the person;
2935	2935	(6) state whether the person has executed a power of
2936	2936	attorney and, if so, the designee's name, address, and telephone
2937	2937	number;
2938	2938	(7) describe any property of the person, including the
2939	2939	estimated value of that property;
2940	2940	(8) list the amount and source of any monthly income of
2941	2941	the person;
2942	2942	(9) describe the nature and degree of the person's
2943	2943	alleged incapacity; and
2944	2944	(10) state whether the person is in imminent danger of
2945	2945	serious impairment to the person's physical health, safety, or
2946	2946	estate. (Tex. Prob. Code, Sec. 683A.)
2947	2947	Sec. 1102.004. APPLICATION FOR GUARDIANSHIP FOLLOWING
2948	2948	INVESTIGATION. A guardian ad litem or court investigator who,
2949	2949	after an investigation as prescribed by Section 1102.001, believes
2950	2950	that the person is an incapacitated person and that a guardianship
2951	2951	is necessary shall file an application for the appointment of a
2952	2952	guardian of the person or estate, or both, for the person. (Tex.
2953	2953	Prob. Code, Sec. 683(a) (part).)
2954	2954	Sec. 1102.005. COMPENSATION OF GUARDIAN AD LITEM. (a) A
2955	2955	court that appoints a guardian ad litem under Section 1102.001 may
2956	2956	authorize compensation of the guardian ad litem from available
2957	2957	funds of the proposed ward's estate, regardless of whether a
2958	2958	guardianship is created for the proposed ward.
2959	2959	(b) After examining the ward's or proposed ward's assets and
2960	2960	determining that the ward or proposed ward is unable to pay for
2961	2961	services provided by the guardian ad litem, the court may authorize
2962	2962	compensation from the county treasury. (Tex. Prob. Code, Sec. 683(c).)
2963	2963	CHAPTER 1103. PROCEDURE TO APPOINT GUARDIAN FOR CERTAIN MINORS
2964	2964	REQUIRING GUARDIANSHIPS AS ADULTS
2965	2965	Sec. 1103.001. APPLICATION FOR APPOINTMENT OF GUARDIAN
2966	2966	Sec. 1103.002. APPOINTMENT OF CONSERVATOR AS GUARDIAN
2967	2967	WITHOUT HEARING
2968	2968	Sec. 1103.003. EFFECTIVE DATE OF GUARDIANSHIP
2969	2969	Sec. 1103.004. SETTLEMENT AND CLOSING OF PRIOR
2970	2970	GUARDIANSHIP
2971	2971	CHAPTER 1103. PROCEDURE TO APPOINT GUARDIAN FOR CERTAIN MINORS
2972	2972	REQUIRING GUARDIANSHIPS AS ADULTS
2973	2973	Sec. 1103.001. APPLICATION FOR APPOINTMENT OF GUARDIAN.
2974	2974	Not earlier than the 180th day before the proposed ward's 18th
2975	2975	birthday, a person may file an application under Section 1101.001
2976	2976	for the appointment of a guardian of the person or estate, or both,
2977	2977	of a proposed ward who:
2978	2978	(1) is a minor; and
2979	2979	(2) because of incapacity will require a guardianship
2980	2980	after the proposed ward is no longer a minor. (Tex. Prob. Code, Sec.
2981	2981	682A(a) (part).)
2982	2982	Sec. 1103.002. APPOINTMENT OF CONSERVATOR AS GUARDIAN
2983	2983	WITHOUT HEARING. (a) Notwithstanding any other law, if the
2984	2984	applicant who files an application under Section 1101.001 or
2985	2985	1103.001 is a person who was appointed conservator of a disabled
2986	2986	child for whom a court obtains jurisdiction under Section 606(k),
2987	2987	the applicant may present to the court a written letter or
2988	2988	certificate that meets the requirements of Sections 1101.103(a) and
2989	2989	(b).
2990	2990	(b) If, on receipt of the letter or certificate described by
2991	2991	Subsection (a), the court is able to make the findings required by
2992	2992	Section 1101.101, the court, notwithstanding Subchapter C, Chapter
2993	2993	1104, shall:
2994	2994	(1) appoint the conservator as guardian without
2995	2995	conducting a hearing; and
2996	2996	(2) to the extent possible preserve the terms of
2997	2997	possession and access to the ward that applied before the court
2998	2998	obtained jurisdiction under Section 606(k). (Tex. Prob. Code, Secs.
2999	2999	682A(a-1), (a-2).)
3000	3000	Sec. 1103.003. EFFECTIVE DATE OF GUARDIANSHIP. If the
3001	3001	application filed under Section 1103.001 is heard before the
3002	3002	proposed ward's 18th birthday, a guardianship created under this
3003	3003	chapter may not take effect and the person appointed guardian may
3004	3004	not take the oath as required under Section 1105.051 or give a bond
3005	3005	as required under Section 1105.101 until the proposed ward's 18th
3006	3006	birthday. (Tex. Prob. Code, Sec. 682A(a) (part).)
3007	3007	Sec. 1103.004. SETTLEMENT AND CLOSING OF PRIOR
3008	3008	GUARDIANSHIP. Notwithstanding Section 1202.001(b), the
3009	3009	guardianship of the person of a minor who is the subject of an
3010	3010	application for the appointment of a guardian of the person filed
3011	3011	under Section 1103.001 is settled and closed when:
3012	3012	(1) the court, after a hearing on the application,
3013	3013	determines that the appointment of a guardian of the person for the
3014	3014	proposed ward is not necessary; or
3015	3015	(2) the guardian appointed by the court, after a
3016	3016	hearing on the application, has qualified under Section 1105.002. (Tex. Prob. Code, Sec. 682A(b).)
3017	3017	CHAPTER 1104. SELECTION OF AND ELIGIBILITY TO SERVE AS GUARDIAN
3018	3018	SUBCHAPTER A. GENERAL PROVISIONS RELATING TO APPOINTMENT OF
3019	3019	GUARDIAN
3020	3020	Sec. 1104.001. GUARDIAN OF THE PERSON OR ESTATE
3021	3021	Sec. 1104.002. PREFERENCE OF INCAPACITATED PERSON
3022	3022	[Sections 1104.003-1104.050 reserved for expansion]
3023	3023	SUBCHAPTER B. SELECTION OF GUARDIAN FOR MINOR
3024	3024	Sec. 1104.051. GUARDIAN OF MINOR CHILDREN
3025	3025	Sec. 1104.052. GUARDIAN FOR MINOR ORPHAN
3026	3026	Sec. 1104.053. GUARDIAN DESIGNATED BY WILL OR WRITTEN
3027	3027	DECLARATION
3028	3028	Sec. 1104.054. SELECTION OF GUARDIAN BY MINOR
3029	3029	[Sections 1104.055-1104.100 reserved for expansion]
3030	3030	SUBCHAPTER C. SELECTION OF GUARDIAN FOR INCAPACITATED PERSON OTHER
3031	3031	THAN MINOR
3032	3032	Sec. 1104.101. APPOINTMENT ACCORDING TO CIRCUMSTANCES
3033	3033	AND BEST INTERESTS
3034	3034	Sec. 1104.102. APPOINTMENT PREFERENCES
3035	3035	Sec. 1104.103. DESIGNATION OF GUARDIAN BY WILL OR
3036	3036	WRITTEN DECLARATION
3037	3037	[Sections 1104.104-1104.150 reserved for expansion]
3038	3038	SUBCHAPTER D. WRITTEN DECLARATION BY CERTAIN PARENTS TO APPOINT
3039	3039	GUARDIAN FOR THEIR CHILDREN
3040	3040	Sec. 1104.151. DEFINITIONS
3041	3041	Sec. 1104.152. REQUIREMENTS FOR DECLARATION
3042	3042	Sec. 1104.153. FORM AND CONTENT OF DECLARATION AND
3043	3043	SELF-PROVING AFFIDAVIT
3044	3044	Sec. 1104.154. ALTERNATIVE TO SELF-PROVING AFFIDAVIT
3045	3045	Sec. 1104.155. ALTERNATE SELF-PROVING OF DECLARATION
3046	3046	Sec. 1104.156. FILING OF DECLARATION AND SELF-PROVING
3047	3047	AFFIDAVIT
3048	3048	Sec. 1104.157. PROOF OF DECLARATION
3049	3049	Sec. 1104.158. PRIMA FACIE EVIDENCE
3050	3050	Sec. 1104.159. REVOCATION OF DECLARATION
3051	3051	Sec. 1104.160. ALTERNATE OR OTHER COURT-APPOINTED
3052	3052	GUARDIAN
3053	3053	[Sections 1104.161-1104.200 reserved for expansion]
3054	3054	SUBCHAPTER E. WRITTEN DECLARATION TO DESIGNATE GUARDIAN BEFORE
3055	3055	NEED ARISES
3056	3056	Sec. 1104.201. DEFINITIONS
3057	3057	Sec. 1104.202. DESIGNATION OF GUARDIAN FOR DECLARANT
3058	3058	Sec. 1104.203. REQUIREMENTS FOR DECLARATION
3059	3059	Sec. 1104.204. FORM AND CONTENT OF DECLARATION AND
3060	3060	SELF-PROVING AFFIDAVIT
3061	3061	Sec. 1104.205. ALTERNATIVE TO SELF-PROVING AFFIDAVIT
3062	3062	Sec. 1104.206. ALTERNATE SELF-PROVING OF DECLARATION
3063	3063	Sec. 1104.207. FILING OF DECLARATION AND SELF-PROVING
3064	3064	AFFIDAVIT
3065	3065	Sec. 1104.208. PROOF OF DECLARATION
3066	3066	Sec. 1104.209. PRIMA FACIE EVIDENCE
3067	3067	Sec. 1104.210. REVOCATION OF DECLARATION
3068	3068	Sec. 1104.211. EFFECT OF DIVORCE ON DESIGNATION OF
3069	3069	SPOUSE
3070	3070	Sec. 1104.212. ALTERNATE OR OTHER COURT-APPOINTED
3071	3071	GUARDIAN
3072	3072	[Sections 1104.213-1104.250 reserved for expansion]
3073	3073	SUBCHAPTER F. CERTIFICATION REQUIREMENTS
3074	3074	FOR CERTAIN GUARDIANS
3075	3075	Sec. 1104.251. CERTIFICATION REQUIRED FOR CERTAIN
3076	3076	GUARDIANS
3077	3077	Sec. 1104.252. EFFECT OF PROVISIONAL CERTIFICATE
3078	3078	Sec. 1104.253. EXCEPTION FOR FAMILY MEMBERS AND
3079	3079	FRIENDS
3080	3080	Sec. 1104.254. EXCEPTION FOR CERTAIN VOLUNTEERS
3081	3081	Sec. 1104.255. EXPIRATION OF CERTIFICATION
3082	3082	Sec. 1104.256. FAILURE TO COMPLY; COURT'S DUTY TO
3083	3083	NOTIFY
3084	3084	Sec. 1104.257. INFORMATION REGARDING SERVICES PROVIDED
3085	3085	BY GUARDIANSHIP PROGRAM
3086	3086	Sec. 1104.258. INFORMATION REGARDING CERTAIN STATE
3087	3087	EMPLOYEES PROVIDING GUARDIANSHIP
3088	3088	SERVICES
3089	3089	[Sections 1104.259-1104.300 reserved for expansion]
3090	3090	SUBCHAPTER G. PRIVATE PROFESSIONAL GUARDIANS
3091	3091	Sec. 1104.301. CERTIFICATION AND REGISTRATION REQUIRED
3092	3092	Sec. 1104.302. ANNUAL CERTIFICATE OF REGISTRATION
3093	3093	Sec. 1104.303. REQUIREMENTS OF APPLICATION
3094	3094	Sec. 1104.304. TERM OF REGISTRATION; RENEWAL
3095	3095	Sec. 1104.305. USE OF REGISTRATION INFORMATION
3096	3096	Sec. 1104.306. USE OF NAMES AND BUSINESS ADDRESSES
3097	3097	[Sections 1104.307-1104.350 reserved for expansion]
3098	3098	SUBCHAPTER H. GROUNDS FOR DISQUALIFICATION
3099	3099	Sec. 1104.351. INCAPACITY OR INEXPERIENCE
3100	3100	Sec. 1104.352. UNSUITABILITY
3101	3101	Sec. 1104.353. NOTORIOUSLY BAD CONDUCT; PRESUMPTION
3102	3102	CONCERNING BEST INTEREST
3103	3103	Sec. 1104.354. CONFLICT OF INTEREST
3104	3104	Sec. 1104.355. DISQUALIFIED IN DECLARATION
3105	3105	Sec. 1104.356. LACK OF CERTAIN REQUIRED CERTIFICATION
3106	3106	Sec. 1104.357. NONRESIDENT WITHOUT RESIDENT AGENT
3107	3107	[Sections 1104.358-1104.400 reserved for expansion]
3108	3108	SUBCHAPTER I. ACCESS TO CRIMINAL HISTORY RECORDS
3109	3109	Sec. 1104.401. DEFINITION
3110	3110	Sec. 1104.402. COURT CLERK'S DUTY TO OBTAIN CRIMINAL
3111	3111	HISTORY RECORD INFORMATION; AUTHORITY
3112	3112	TO CHARGE FEE
3113	3113	Sec. 1104.403. SUBMISSION OF CRIMINAL HISTORY RECORD
3114	3114	INFORMATION BY PROPOSED GUARDIAN
3115	3115	Sec. 1104.404. EXCEPTION FOR INFORMATION CONCERNING
3116	3116	CERTAIN PERSONS HOLDING A CERTIFICATE
3117	3117	Sec. 1104.405. INFORMATION FOR EXCLUSIVE USE OF COURT
3118	3118	Sec. 1104.406. DEPARTMENT'S DUTY TO OBTAIN CRIMINAL
3119	3119	HISTORY RECORD INFORMATION
3120	3120	Sec. 1104.407. DUTY TO PROVIDE INFORMATION ON REQUEST
3121	3121	Sec. 1104.408. INFORMATION FOR EXCLUSIVE USE OF COURT
3122	3122	OR GUARDIANSHIP CERTIFICATION BOARD
3123	3123	Sec. 1104.409. USE OF INFORMATION BY COURT
3124	3124	Sec. 1104.410. USE OF INFORMATION BY GUARDIANSHIP
3125	3125	CERTIFICATION BOARD
3126	3126	Sec. 1104.411. CRIMINAL OFFENSE FOR UNAUTHORIZED
3127	3127	RELEASE OR DISCLOSURE
3128	3128	Sec. 1104.412. EFFECT OF SUBCHAPTER ON DEPARTMENT'S
3129	3129	AUTHORITY TO OBTAIN OR USE
3130	3130	INFORMATION
3131	3131	CHAPTER 1104. SELECTION OF AND ELIGIBILITY TO SERVE AS GUARDIAN
3132	3132	SUBCHAPTER A. GENERAL PROVISIONS RELATING TO APPOINTMENT OF
3133	3133	GUARDIAN
3134	3134	Sec. 1104.001. GUARDIAN OF THE PERSON OR ESTATE. (a) Only
3135	3135	one person may be appointed as guardian of the person or estate, but
3136	3136	one person may be appointed guardian of the person and another
3137	3137	person may be appointed guardian of the estate, if it is in the best
3138	3138	interest of the incapacitated person or ward.
3139	3139	(b) Subsection (a) does not prohibit the joint appointment,
3140	3140	if the court finds it to be in the best interest of the
3141	3141	incapacitated person or ward, of:
3142	3142	(1) a husband and wife;
3143	3143	(2) joint managing conservators;
3144	3144	(3) co-guardians appointed under the laws of a
3145	3145	jurisdiction other than this state; or
3146	3146	(4) both parents of an adult who is incapacitated if
3147	3147	the incapacitated person:
3148	3148	(A) has not been the subject of a suit affecting
3149	3149	the parent-child relationship; or
3150	3150	(B) has been the subject of a suit affecting the
3151	3151	parent-child relationship and both of the incapacitated person's
3152	3152	parents were named as joint managing conservators in the suit but
3153	3153	are no longer serving in that capacity. (Tex. Prob. Code, Sec.
3154	3154	690.)
3155	3155	Sec. 1104.002. PREFERENCE OF INCAPACITATED PERSON. Before
3156	3156	appointing a guardian, the court shall make a reasonable effort to
3157	3157	consider the incapacitated person's preference of the person to be
3158	3158	appointed guardian and, to the extent consistent with other
3159	3159	provisions of this title, shall give due consideration to the
3160	3160	preference indicated by the incapacitated person. (Tex. Prob.
3161	3161	Code, Sec. 689.)
3162	3162	[Sections 1104.003-1104.050 reserved for expansion]
3163	3163	SUBCHAPTER B. SELECTION OF GUARDIAN FOR MINOR
3164	3164	Sec. 1104.051. GUARDIAN OF MINOR CHILDREN. (a) If the
3165	3165	parents live together, both parents are the natural guardians of
3166	3166	the person of the minor children by the marriage, and one of the
3167	3167	parents is entitled to be appointed guardian of the children's
3168	3168	estates. If the parents disagree as to which parent should be
3169	3169	appointed, the court shall make the appointment on the basis of
3170	3170	which parent is better qualified to serve in that capacity.
3171	3171	(b) The rights of parents who do not live together are
3172	3172	equal. The court shall assign the guardianship of their minor
3173	3173	children to one parent considering only the best interests of the
3174	3174	children.
3175	3175	(c) If one parent is deceased, the surviving parent is the
3176	3176	natural guardian of the person of the minor children and is entitled
3177	3177	to be appointed guardian of the minor children's estates. (Tex.
3178	3178	Prob. Code, Sec. 676(b).)
3179	3179	Sec. 1104.052. GUARDIAN FOR MINOR ORPHAN. In appointing a
3180	3180	guardian for a minor orphan:
3181	3181	(1) if the last surviving parent did not appoint a
3182	3182	guardian, the nearest ascendant in the direct line of the minor is
3183	3183	entitled to guardianship of both the person and the estate of the
3184	3184	minor;
3185	3185	(2) if more than one ascendant exists in the same
3186	3186	degree in the direct line of the minor, the court shall appoint one
3187	3187	ascendant according to circumstances and considering the minor's
3188	3188	best interests;
3189	3189	(3) if the minor does not have an ascendant in the
3190	3190	direct line of the minor:
3191	3191	(A) the court shall appoint the nearest of kin;
3192	3192	or
3193	3193	(B) if two or more persons are in the same degree
3194	3194	of kinship to the minor, the court shall appoint one of those
3195	3195	persons according to circumstances and considering the minor's best
3196	3196	interests; and
3197	3197	(4) if the minor does not have a relative who is
3198	3198	eligible to be guardian, or if none of the eligible persons apply to
3199	3199	be guardian, the court shall appoint a qualified person as
3200	3200	guardian. (Tex. Prob. Code, Sec. 676(c).)
3201	3201	Sec. 1104.053. GUARDIAN DESIGNATED BY WILL OR WRITTEN
3202	3202	DECLARATION. (a) Notwithstanding Section 1104.001 or 1104.051,
3203	3203	the surviving parent of a minor may by will or written declaration
3204	3204	appoint any eligible person to be guardian of the person of the
3205	3205	parent's minor children after the parent dies or in the event of the
3206	3206	parent's incapacity.
3207	3207	(b) After the surviving parent of a minor dies or if the
3208	3208	court finds the surviving parent is an incapacitated person, the
3209	3209	court shall appoint the person designated in the will or
3210	3210	declaration to serve as guardian of the person of the parent's minor
3211	3211	children in preference to another otherwise entitled to serve as
3212	3212	guardian under this title, unless the court finds that the person
3213	3213	designated to serve as guardian:
3214	3214	(1) is disqualified;
3215	3215	(2) is deceased;
3216	3216	(3) refuses to serve; or
3217	3217	(4) would not serve the minor children's best
3218	3218	interests.
3219	3219	(c) On compliance with this title, an eligible person is
3220	3220	also entitled to be appointed guardian of the minor children's
3221	3221	estates after the surviving parent dies or in the event of the
3222	3222	surviving parent's incapacity. (Tex. Prob. Code, Secs. 676(d),
3223	3223	(e), (f).)
3224	3224	Sec. 1104.054. SELECTION OF GUARDIAN BY MINOR. (a)
3225	3225	Notwithstanding any other provision of this subchapter, if an
3226	3226	application is filed for the guardianship of the person or estate,
3227	3227	or both, of a minor at least 12 years of age, the minor may select
3228	3228	the guardian by a writing filed with the clerk, if the court finds
3229	3229	that the selection is in the minor's best interest and approves the
3230	3230	selection.
3231	3231	(b) Notwithstanding any other provision of this subchapter,
3232	3232	a minor at least 12 years of age may select another guardian of the
3233	3233	minor's person or estate, or both, if the minor has a guardian
3234	3234	appointed by the court, by will of the minor's parent, or by written
3235	3235	declaration of the minor's parent, and that guardian dies, resigns,
3236	3236	or is removed from guardianship. The minor must make the selection
3237	3237	by filing an application in open court in person or by an attorney.
3238	3238	The court shall make the appointment and revoke the letters of
3239	3239	guardianship of the former guardian if the court is satisfied that:
3240	3240	(1) the person selected is suitable and competent; and
3241	3241	(2) the appointment of the person is in the minor's
3242	3242	best interest. (Tex. Prob. Code, Secs. 676(a), 680.)
3243	3243	[Sections 1104.055-1104.100 reserved for expansion]
3244	3244	SUBCHAPTER C. SELECTION OF GUARDIAN FOR INCAPACITATED PERSON OTHER
3245	3245	THAN MINOR
3246	3246	Sec. 1104.101. APPOINTMENT ACCORDING TO CIRCUMSTANCES AND
3247	3247	BEST INTERESTS. The court shall appoint a guardian for an
3248	3248	incapacitated person other than a minor according to the
3249	3249	circumstances and considering the incapacitated person's best
3250	3250	interests. (Tex. Prob. Code, Sec. 677(a) (part).)
3251	3251	Sec. 1104.102. APPOINTMENT PREFERENCES. If the court finds
3252	3252	that two or more eligible persons are equally entitled to be
3253	3253	appointed guardian of an incapacitated person:
3254	3254	(1) the incapacitated person's spouse is entitled to
3255	3255	the guardianship in preference to any other person, if the spouse is
3256	3256	one of the eligible persons;
3257	3257	(2) the eligible person nearest of kin to the
3258	3258	incapacitated person is entitled to the guardianship, if the
3259	3259	incapacitated person's spouse is not one of the eligible persons;
3260	3260	or
3261	3261	(3) the court shall appoint the eligible person who is
3262	3262	best qualified to serve as guardian if:
3263	3263	(A) the persons entitled to serve under
3264	3264	Subdivisions (1) and (2) refuse to serve;
3265	3265	(B) two or more persons entitled to serve under
3266	3266	Subdivision (2) are related in the same degree of kinship to the
3267	3267	incapacitated person; or
3268	3268	(C) neither the incapacitated person's spouse
3269	3269	nor any person related to the incapacitated person is an eligible
3270	3270	person. (Tex. Prob. Code, Sec. 677(a) (part).)
3271	3271	Sec. 1104.103. DESIGNATION OF GUARDIAN BY WILL OR WRITTEN
3272	3272	DECLARATION. (a) The surviving parent of an adult individual who is
3273	3273	an incapacitated person may, if the parent is the guardian of the
3274	3274	person of the adult individual, by will or written declaration
3275	3275	appoint an eligible person to serve as guardian of the person of the
3276	3276	adult individual after the parent dies or in the event of the
3277	3277	parent's incapacity.
3278	3278	(b) After the surviving parent dies or if the court finds
3279	3279	the surviving parent has become an incapacitated person after being
3280	3280	appointed the adult individual's guardian, the court shall appoint
3281	3281	the person designated in the will or declaration to serve as
3282	3282	guardian in preference to any other person otherwise entitled to
3283	3283	serve as guardian under this title, unless the court finds that the
3284	3284	person designated to serve as guardian:
3285	3285	(1) is disqualified;
3286	3286	(2) is deceased;
3287	3287	(3) refuses to serve; or
3288	3288	(4) would not serve the adult individual's best
3289	3289	interests.
3290	3290	(c) On compliance with this title, the eligible person
3291	3291	appointed under Subsection (b) is also entitled to be appointed
3292	3292	guardian of the estate of the adult individual after the surviving
3293	3293	parent dies or in the event of the surviving parent's incapacity, if
3294	3294	the surviving parent is the guardian of the estate of the adult
3295	3295	individual. (Tex. Prob. Code, Secs. 677(b), (c), (d).)
3296	3296	[Sections 1104.104-1104.150 reserved for expansion]
3297	3297	SUBCHAPTER D. WRITTEN DECLARATION BY CERTAIN PARENTS TO APPOINT
3298	3298	GUARDIAN FOR THEIR CHILDREN
3299	3299	Sec. 1104.151. DEFINITIONS. In this subchapter:
3300	3300	(1) "Declaration" means a written declaration of a
3301	3301	person that:
3302	3302	(A) appoints a guardian for the person's child
3303	3303	under Section 1104.053(a) or 1104.103(a); and
3304	3304	(B) satisfies the requirements of this
3305	3305	subdivision and Sections 1104.152, 1104.153, 1104.154, 1104.156,
3306	3306	1104.159, and 1104.160.
3307	3307	(2) "Self-proving affidavit" means an affidavit the
3308	3308	form and content of which substantially comply with the
3309	3309	requirements of Section 1104.153.
3310	3310	(3) "Self-proving declaration" includes a
3311	3311	self-proving affidavit that is attached or annexed to a
3312	3312	declaration. (Tex. Prob. Code, Secs. 677A(h), 677B(a).)
3313	3313	Sec. 1104.152. REQUIREMENTS FOR DECLARATION. (a) A
3314	3314	declaration appointing an eligible person to be guardian of the
3315	3315	person of a parent's child under Section 1104.053(a) or 1104.103(a)
3316	3316	must be signed by the declarant and be:
3317	3317	(1) written wholly in the declarant's handwriting; or
3318	3318	(2) attested to in the declarant's presence by at least
3319	3319	two credible witnesses who are:
3320	3320	(A) 14 years of age or older; and
3321	3321	(B) not named as guardian or alternate guardian
3322	3322	in the declaration.
3323	3323	(b) Notwithstanding Subsection (a), a declaration that is
3324	3324	not written wholly in the declarant's handwriting may be signed by
3325	3325	another person for the declarant under the direction of and in the
3326	3326	presence of the declarant.
3327	3327	(c) A declaration described by Subsection (a)(2) may have
3328	3328	attached a self-proving affidavit signed by the declarant and the
3329	3329	witnesses attesting to:
3330	3330	(1) the competence of the declarant; and
3331	3331	(2) the execution of the declaration. (Tex. Prob.
3332	3332	Code, Secs. 677A(a), (b), (c).)
3333	3333	Sec. 1104.153. FORM AND CONTENT OF DECLARATION AND
3334	3334	SELF-PROVING AFFIDAVIT. (a) A declaration and affidavit may be in
3335	3335	any form adequate to clearly indicate the declarant's intention to
3336	3336	designate a guardian for the declarant's child.
3337	3337	(b) The following form may be used but is not required to be
3338	3338	used:
3339	3339	DECLARATION OF APPOINTMENT OF GUARDIAN FOR MY CHILDREN
3340	3340	IN THE EVENT OF MY DEATH OR INCAPACITY
3341	3341	I, __________, make this Declaration to appoint as guardian
3342	3342	for my child or children, listed as follows, in the event of my
3343	3343	death or incapacity:
3344	3344	____________________________________________________________
3345	3345	____________________________________________________________
3346	3346	____________________________________________________________
3347	3347	(add blanks as appropriate)
3348	3348	I designate __________ to serve as guardian of the person of
3349	3349	my (child or children), __________ as first alternate guardian of
3350	3350	the person of my (child or children), __________ as second
3351	3351	alternate guardian of the person of my (child or children), and
3352	3352	__________ as third alternate guardian of the person of my (child or
3353	3353	children).
3354	3354	I direct that the guardian of the person of my (child or
3355	3355	children) serve (with or without) bond.
3356	3356	(If applicable) I designate __________ to serve as guardian
3357	3357	of the estate of my (child or children), __________ as first
3358	3358	alternate guardian of the estate of my (child or children),
3359	3359	__________ as second alternate guardian of the estate of my (child
3360	3360	or children), and __________ as third alternate guardian of the
3361	3361	estate of my (child or children).
3362	3362	If any guardian or alternate guardian dies, does not qualify,
3363	3363	or resigns, the next named alternate guardian becomes guardian of
3364	3364	my (child or children).
3365	3365	Signed this __________ day of __________, 20__.
3366	3366	______________________________
3367	3367	Declarant
3368	3368	____________________________________________________________
3369	3369	Witness Witness
3370	3370	SELF-PROVING AFFIDAVIT
3371	3371	Before me, the undersigned authority, on this date personally
3372	3372	appeared __________, the declarant, and __________ and __________
3373	3373	as witnesses, and all being duly sworn, the declarant said that the
3374	3374	above instrument was his or her Declaration of Appointment of
3375	3375	Guardian for the Declarant's Children in the Event of Declarant's
3376	3376	Death or Incapacity and that the declarant had made and executed it
3377	3377	for the purposes expressed in the declaration. The witnesses
3378	3378	declared to me that they are each 14 years of age or older, that they
3379	3379	saw the declarant sign the declaration, that they signed the
3380	3380	declaration as witnesses, and that the declarant appeared to them
3381	3381	to be of sound mind.
3382	3382	______________________________
3383	3383	Declarant
3384	3384	____________________________________________________________
3385	3385	Affiant Affiant
3386	3386	Subscribed and sworn to before me by __________, the above
3387	3387	named declarant, and __________ (names of affiants) affiants, on
3388	3388	this ___ day of __________, 20__.
3389	3389	___________________________
3390	3390	Notary Public in and for the
3391	3391	State of Texas
3392	3392	My Commission expires:
3393	3393	___________________________
3394	3394	(Tex. Prob. Code, Sec. 677A(g).)
3395	3395	Sec. 1104.154. ALTERNATIVE TO SELF-PROVING AFFIDAVIT. (a)
3396	3396	As an alternative to the self-proving affidavit authorized by
3397	3397	Section 1104.153, a declaration of appointment of a guardian for
3398	3398	the declarant's children in the event of the declarant's death or
3399	3399	incapacity may be simultaneously executed, attested, and made
3400	3400	self-proved by including the following in substantially the same
3401	3401	form and with substantially the same contents:
3402	3402	I, _________________________, as declarant, after being duly
3403	3403	sworn, declare to the undersigned witnesses and to the undersigned
3404	3404	authority that this instrument is my Declaration of Appointment of
3405	3405	Guardian for My Children in the Event of My Death or Incapacity, and
3406	3406	that I have made and executed it for the purposes expressed in the
3407	3407	declaration. I now sign this declaration in the presence of the
3408	3408	attesting witnesses and the undersigned authority on this ____ day
3409	3409	of ________, 20__.
3410	3410	___________________________
3411	3411	Declarant
3412	3412	The undersigned, _____________________ and
3413	3413	___________________, each being 14 years of age or older, after
3414	3414	being duly sworn, declare to the declarant and to the undersigned
3415	3415	authority that the declarant declared to us that this instrument is
3416	3416	the declarant's Declaration of Appointment of Guardian for the
3417	3417	Declarant's Children in the Event of Declarant's Death or
3418	3418	Incapacity and that the declarant executed it for the purposes
3419	3419	expressed in the declaration. The declarant then signed this
3420	3420	declaration and we believe the declarant to be of sound mind. We now
3421	3421	sign our names as attesting witnesses on this _____ day of
3422	3422	___________, 20___.
3423	3423	___________________________
3424	3424	Witness
3425	3425	___________________________
3426	3426	Witness
3427	3427	Subscribed and sworn to before me by the above named
3428	3428	declarant, and affiants, this ____ day of __________________, 20__.
3429	3429	___________________________
3430	3430	Notary Public in and for the
3431	3431	State of Texas
3432	3432	My Commission expires:
3433	3433	___________________________
3434	3434	(b) A declaration that is executed as provided by Subsection
3435	3435	(a) is considered self-proved to the same extent a declaration
3436	3436	executed with a self-proving affidavit under Section 1104.153 is
3437	3437	considered self-proved. (Tex. Prob. Code, Secs. 677A(i), (j).)
3438	3438	Sec. 1104.155. ALTERNATE SELF-PROVING OF DECLARATION. At
3439	3439	any time during the declarant's lifetime, a declaration described
3440	3440	by Section 1104.152(a)(1) may be made self-proved in the same form
3441	3441	and manner that a will written wholly in the testator's handwriting
3442	3442	is made self-proved under Section 251.107. (Tex. Prob. Code, Sec.
3443	3443	677B(c).)
3444	3444	Sec. 1104.156. FILING OF DECLARATION AND SELF-PROVING
3445	3445	AFFIDAVIT. The declaration and any self-proving affidavit may be
3446	3446	filed with the court at any time after the application for
3447	3447	appointment of a guardian is filed and before a guardian is
3448	3448	appointed. (Tex. Prob. Code, Sec. 677A(d).)
3449	3449	Sec. 1104.157. PROOF OF DECLARATION. (a) The court may
3450	3450	admit a declaration that is self-proved into evidence without the
3451	3451	testimony of witnesses attesting to the competency of the declarant
3452	3452	and the execution of the declaration. Additional proof of the
3453	3453	execution of the declaration with the formalities and solemnities
3454	3454	and under the circumstances required to make it a valid declaration
3455	3455	is not necessary.
3456	3456	(b) A declaration described by Section 1104.152(a)(1) that
3457	3457	is not self-proved may be proved in the same manner that a will
3458	3458	written wholly in the testator's handwriting is proved under
3459	3459	Section 256.154.
3460	3460	(c) A declaration described by Section 1104.152(a)(2) that
3461	3461	is not self-proved may be proved in the same manner that an attested
3462	3462	written will produced in court is proved under Section 256.153.
3463	3463	(Tex. Prob. Code, Secs. 677B(b), (e), (f).)
3464	3464	Sec. 1104.158. PRIMA FACIE EVIDENCE. A properly executed
3465	3465	and witnessed self-proving declaration, including a declaration
3466	3466	and self-proving affidavit described by Section 1104.152(c), is
3467	3467	prima facie evidence that:
3468	3468	(1) the declarant was competent at the time the
3469	3469	declarant executed the declaration; and
3470	3470	(2) the guardian named in the declaration would serve
3471	3471	the best interests of the ward or incapacitated person. (Tex. Prob.
3472	3472	Code, Sec. 677B(d).)
3473	3473	Sec. 1104.159. REVOCATION OF DECLARATION. The declarant
3474	3474	may revoke a declaration in any manner provided for the revocation
3475	3475	of a will under Section 253.002, including the subsequent
3476	3476	re-execution of the declaration in the manner required for the
3477	3477	original declaration. (Tex. Prob. Code, Sec. 677A(f).)
3478	3478	Sec. 1104.160. ALTERNATE OR OTHER COURT-APPOINTED
3479	3479	GUARDIAN. (a) The court shall appoint the next eligible designated
3480	3480	alternate guardian named in a declaration if the designated
3481	3481	guardian does not qualify, is deceased, refuses to serve, resigns,
3482	3482	or dies after being appointed guardian, or is otherwise unavailable
3483	3483	to serve as guardian.
3484	3484	(b) The court shall appoint another person to serve as
3485	3485	guardian as otherwise provided by this title if the designated
3486	3486	guardian and all designated alternate guardians named in the
3487	3487	declaration:
3488	3488	(1) do not qualify;
3489	3489	(2) are deceased;
3490	3490	(3) refuse to serve; or
3491	3491	(4) later die or resign. (Tex. Prob. Code, Sec.
3492	3492	677A(e).)
3493	3493	[Sections 1104.161-1104.200 reserved for expansion]
3494	3494	SUBCHAPTER E. WRITTEN DECLARATION TO DESIGNATE GUARDIAN BEFORE
3495	3495	NEED ARISES
3496	3496	Sec. 1104.201. DEFINITIONS. In this subchapter:
3497	3497	(1) "Declaration" means a written declaration of a
3498	3498	person that:
3499	3499	(A) designates another person to serve as a
3500	3500	guardian of the person or estate of the declarant; and
3501	3501	(B) satisfies the requirements of this
3502	3502	subdivision and Sections 1104.202, 1104.203, 1104.204, 1104.205,
3503	3503	1104.207, 1104.210, 1104.211, and 1104.212.
3504	3504	(2) "Self-proving affidavit" means an affidavit the
3505	3505	form and content of which substantially comply with the
3506	3506	requirements of Section 1104.204.
3507	3507	(3) "Self-proving declaration" includes a
3508	3508	self-proving affidavit that is attached or annexed to a
3509	3509	declaration. (Tex. Prob. Code, Secs. 679(j), 679A(a).)
3510	3510	Sec. 1104.202. DESIGNATION OF GUARDIAN FOR DECLARANT. (a)
3511	3511	A person other than an incapacitated person may designate by
3512	3512	declaration a person to serve as guardian of the person or estate of
3513	3513	the declarant if the declarant becomes incapacitated. The court
3514	3514	shall appoint the person designated in the declaration to serve as
3515	3515	guardian in preference to any other person otherwise entitled to
3516	3516	serve as guardian under this title, unless the court finds that the
3517	3517	person designated to serve as guardian:
3518	3518	(1) is disqualified; or
3519	3519	(2) would not serve the ward's best interests.
3520	3520	(b) A declarant may, in the declaration, disqualify a named
3521	3521	person from serving as guardian of the declarant's person or
3522	3522	estate. The court may not under any circumstances appoint as
3523	3523	guardian a person named under this subsection. (Tex. Prob. Code,
3524	3524	Secs. 679(a) (part), (b), (f) (part).)
3525	3525	Sec. 1104.203. REQUIREMENTS FOR DECLARATION. (a) A
3526	3526	declaration under this subchapter must be signed by the declarant
3527	3527	and be:
3528	3528	(1) written wholly in the declarant's handwriting; or
3529	3529	(2) attested to in the declarant's presence by at least
3530	3530	two credible witnesses who are:
3531	3531	(A) 14 years of age or older; and
3532	3532	(B) not named as guardian or alternate guardian
3533	3533	in the declaration.
3534	3534	(b) Notwithstanding Subsection (a), a declaration that is
3535	3535	not written wholly in the declarant's handwriting may be signed by
3536	3536	another person for the declarant under the direction of and in the
3537	3537	presence of the declarant.
3538	3538	(c) A declaration described by Subsection (a)(2) may have
3539	3539	attached a self-proving affidavit signed by the declarant and the
3540	3540	witnesses attesting to:
3541	3541	(1) the competence of the declarant; and
3542	3542	(2) the execution of the declaration. (Tex. Prob.
3543	3543	Code, Secs. 679(a) (part), (c), (d).)
3544	3544	Sec. 1104.204. FORM AND CONTENT OF DECLARATION AND
3545	3545	SELF-PROVING AFFIDAVIT. (a) A declaration and affidavit may be in
3546	3546	any form adequate to clearly indicate the declarant's intention to
3547	3547	designate a guardian.
3548	3548	(b) The following form may be used but is not required to be
3549	3549	used:
3550	3550	DECLARATION OF GUARDIAN
3551	3551	IN THE EVENT OF LATER INCAPACITY OR NEED OF GUARDIAN
3552	3552	I, __________, make this Declaration of Guardian, to operate
3553	3553	if the need for a guardian for me later arises.
3554	3554	1. I designate __________ to serve as guardian of my person,
3555	3555	__________ as first alternate guardian of my person, __________ as
3556	3556	second alternate guardian of my person, and __________ as third
3557	3557	alternate guardian of my person.
3558	3558	2. I designate __________ to serve as guardian of my estate,
3559	3559	__________ as first alternate guardian of my estate, __________ as
3560	3560	second alternate guardian of my estate, and __________ as third
3561	3561	alternate guardian of my estate.
3562	3562	3. If any guardian or alternate guardian dies, does not
3563	3563	qualify, or resigns, the next named alternate guardian becomes my
3564	3564	guardian.
3565	3565	4. I expressly disqualify the following persons from
3566	3566	serving as guardian of my person: __________, __________, and
3567	3567	__________.
3568	3568	5. I expressly disqualify the following persons from
3569	3569	serving as guardian of my estate: __________, __________, and
3570	3570	__________.
3571	3571	Signed this ___ day of __________, 20__.
3572	3572	______________________________
3573	3573	Declarant
3574	3574	____________________________ ________________________________
3575	3575	Witness Witness
3576	3576	SELF-PROVING AFFIDAVIT
3577	3577	Before me, the undersigned authority, on this date personally
3578	3578	appeared ______________, the declarant, and ____________ and
3579	3579	____________ as witnesses, and all being duly sworn, the declarant
3580	3580	said that the above instrument was his or her Declaration of
3581	3581	Guardian and that the declarant had made and executed it for the
3582	3582	purposes expressed in the declaration. The witnesses declared to
3583	3583	me that they are each 14 years of age or older, that they saw the
3584	3584	declarant sign the declaration, that they signed the declaration as
3585	3585	witnesses, and that the declarant appeared to them to be of sound
3586	3586	mind.
3587	3587	______________________________
3588	3588	Declarant
3589	3589	____________________________ ________________________________
3590	3590	Affiant Affiant
3591	3591	Subscribed and sworn to before me by the above named
3592	3592	declarant and affiants on this ____ day of __________, 20__.
3593	3593	__________________________
3594	3594	Notary Public in and for the
3595	3595	State of Texas
3596	3596	My Commission expires:
3597	3597	__________________________
3598	3598	(Tex. Prob. Code, Sec. 679(i).)
3599	3599	Sec. 1104.205. ALTERNATIVE TO SELF-PROVING AFFIDAVIT. (a)
3600	3600	As an alternative to the self-proving affidavit authorized by
3601	3601	Section 1104.204, a declaration of guardian in the event of later
3602	3602	incapacity or need of guardian may be simultaneously executed,
3603	3603	attested, and made self-proved by including the following in
3604	3604	substantially the same form and with substantially the same
3605	3605	contents:
3606	3606	I, _________________________, as declarant, after being duly
3607	3607	sworn, declare to the undersigned witnesses and to the undersigned
3608	3608	authority that this instrument is my Declaration of Guardian in the
3609	3609	Event of Later Incapacity or Need of Guardian, and that I have made
3610	3610	and executed it for the purposes expressed in the declaration. I now
3611	3611	sign this declaration in the presence of the attesting witnesses
3612	3612	and the undersigned authority on this ____ day of ________, 20__.
3613	3613	___________________________
3614	3614	Declarant
3615	3615	The undersigned, _____________________ and
3616	3616	___________________, each being 14 years of age or older, after
3617	3617	being duly sworn, declare to the declarant and to the undersigned
3618	3618	authority that the declarant declared to us that this instrument is
3619	3619	the declarant's Declaration of Guardian in the Event of Later
3620	3620	Incapacity or Need of Guardian and that the declarant executed it
3621	3621	for the purposes expressed in the declaration. The declarant then
3622	3622	signed this declaration and we believe the declarant to be of sound
3623	3623	mind. We now sign our names as attesting witnesses on this _____ day
3624	3624	of ___________, 20___.
3625	3625	___________________________
3626	3626	Witness
3627	3627	___________________________
3628	3628	Witness
3629	3629	Subscribed and sworn to before me by the above named
3630	3630	declarant, and affiants, this ____ day of __________________, 20__.
3631	3631	__________________________
3632	3632	Notary Public in and for the
3633	3633	State of Texas
3634	3634	My Commission expires:
3635	3635	__________________________
3636	3636	(b) A declaration that is executed as provided by Subsection
3637	3637	(a) is considered self-proved to the same extent a declaration
3638	3638	executed with a self-proving affidavit under Section 1104.204 is
3639	3639	considered self-proved. (Tex. Prob. Code, Secs. 679(k), (l).)
3640	3640	Sec. 1104.206. ALTERNATE SELF-PROVING OF DECLARATION. At
3641	3641	any time during the declarant's lifetime, a declaration described
3642	3642	by Section 1104.203(a)(1) may be made self-proved in the same form
3643	3643	and manner that a will written wholly in the testator's handwriting
3644	3644	is made self-proved under Section 251.107. (Tex. Prob. Code, Sec.
3645	3645	679A(c).)
3646	3646	Sec. 1104.207. FILING OF DECLARATION AND SELF-PROVING
3647	3647	AFFIDAVIT. The declaration and any self-proving affidavit may be
3648	3648	filed with the court at any time after the application for
3649	3649	appointment of a guardian is filed and before a guardian is
3650	3650	appointed. (Tex. Prob. Code, Sec. 679(e).)
3651	3651	Sec. 1104.208. PROOF OF DECLARATION. (a) The court may
3652	3652	admit a declaration that is self-proved into evidence without the
3653	3653	testimony of witnesses attesting to the competency of the declarant
3654	3654	and the execution of the declaration. Additional proof of the
3655	3655	execution of the declaration with the formalities and solemnities
3656	3656	and under the circumstances required to make it a valid declaration
3657	3657	is not necessary.
3658	3658	(b) A declaration described by Section 1104.203(a)(1) that
3659	3659	is not self-proved may be proved in the same manner that a will
3660	3660	written wholly in the testator's handwriting is proved under
3661	3661	Section 256.154.
3662	3662	(c) A declaration described by Section 1104.203(a)(2) that
3663	3663	is not self-proved may be proved in the same manner that an attested
3664	3664	written will produced in court is proved under Section 256.153.
3665	3665	(Tex. Prob. Code, Secs. 679A(b), (e), (f).)
3666	3666	Sec. 1104.209. PRIMA FACIE EVIDENCE. A properly executed
3667	3667	and witnessed self-proving declaration, including a declaration
3668	3668	and self-proving affidavit described by Section 1104.203(c), is
3669	3669	prima facie evidence that:
3670	3670	(1) the declarant was competent at the time the
3671	3671	declarant executed the declaration; and
3672	3672	(2) the guardian named in the declaration would serve
3673	3673	the best interests of the ward or incapacitated person. (Tex. Prob.
3674	3674	Code, Sec. 679A(d).)
3675	3675	Sec. 1104.210. REVOCATION OF DECLARATION. The declarant
3676	3676	may revoke a declaration in any manner provided for the revocation
3677	3677	of a will under Section 253.002, including the subsequent
3678	3678	re-execution of the declaration in the manner required for the
3679	3679	original declaration. (Tex. Prob. Code, Sec. 679(g).)
3680	3680	Sec. 1104.211. EFFECT OF DIVORCE ON DESIGNATION OF SPOUSE.
3681	3681	If a declarant designates the declarant's spouse to serve as
3682	3682	guardian under this subchapter, and the declarant is subsequently
3683	3683	divorced from that spouse before a guardian is appointed, the
3684	3684	provision of the declaration designating the spouse has no effect.
3685	3685	(Tex. Prob. Code, Sec. 679(h).)
3686	3686	Sec. 1104.212. ALTERNATE OR OTHER COURT-APPOINTED
3687	3687	GUARDIAN. (a) The court shall appoint the next eligible designated
3688	3688	alternate guardian named in a declaration if the designated
3689	3689	guardian does not qualify, is deceased, refuses to serve, resigns,
3690	3690	or dies after being appointed guardian, or is otherwise unavailable
3691	3691	to serve as guardian.
3692	3692	(b) The court shall appoint another person to serve as
3693	3693	guardian as otherwise provided by this title if the designated
3694	3694	guardian and all designated alternate guardians named in the
3695	3695	declaration:
3696	3696	(1) do not qualify;
3697	3697	(2) are deceased;
3698	3698	(3) refuse to serve; or
3699	3699	(4) later die or resign. (Tex. Prob. Code, Sec. 679(f)
3700	3700	(part).)
3701	3701	[Sections 1104.213-1104.250 reserved for expansion]
3702	3702	SUBCHAPTER F. CERTIFICATION REQUIREMENTS
3703	3703	FOR CERTAIN GUARDIANS
3704	3704	Sec. 1104.251. CERTIFICATION REQUIRED FOR CERTAIN
3705	3705	GUARDIANS. (a) An individual must be certified under Subchapter C,
3706	3706	Chapter 111, Government Code, if the individual:
3707	3707	(1) is a private professional guardian;
3708	3708	(2) will represent the interests of a ward as a
3709	3709	guardian on behalf of a private professional guardian;
3710	3710	(3) is providing guardianship services to a ward of a
3711	3711	guardianship program on the program's behalf, except as provided by
3712	3712	Section 1104.254; or
3713	3713	(4) is an employee of the Department of Aging and
3714	3714	Disability Services providing guardianship services to a ward of
3715	3715	the department.
3716	3716	(b) An individual employed by or contracting with a
3717	3717	guardianship program must be certified as provided by Subsection
3718	3718	(a) to provide guardianship services to a ward of the program.
3719	3719	(Tex. Prob. Code, Secs. 696A, 697B(a).)
3720	3720	Sec. 1104.252. EFFECT OF PROVISIONAL CERTIFICATE. For
3721	3721	purposes of this subchapter, a person who holds a provisional
3722	3722	certificate issued under Section 111.0421, Government Code, is
3723	3723	considered to be certified. (Tex. Prob. Code, Sec. 697B(e).)
3724	3724	Sec. 1104.253. EXCEPTION FOR FAMILY MEMBERS AND FRIENDS. A
3725	3725	family member or friend of an incapacitated person is not required
3726	3726	to be certified under Subchapter C, Chapter 111, Government Code,
3727	3727	or any other law to serve as the person's guardian. (Tex. Prob.
3728	3728	Code, Sec. 696B.)
3729	3729	Sec. 1104.254. EXCEPTION FOR CERTAIN VOLUNTEERS. An
3730	3730	individual volunteering with a guardianship program is not required
3731	3731	to be certified as provided by Section 1104.251 to provide
3732	3732	guardianship services on the program's behalf. (Tex. Prob. Code,
3733	3733	Sec. 697B(d).)
3734	3734	Sec. 1104.255. EXPIRATION OF CERTIFICATION. A person whose
3735	3735	certification under Subchapter C, Chapter 111, Government Code, has
3736	3736	expired must obtain a new certification under that subchapter to
3737	3737	provide or continue providing guardianship services to a ward or
3738	3738	incapacitated person under this title. (Tex. Prob. Code, Sec.
3739	3739	697B(b).)
3740	3740	Sec. 1104.256. FAILURE TO COMPLY; COURT'S DUTY TO NOTIFY.
3741	3741	The court shall notify the Guardianship Certification Board if the
3742	3742	court becomes aware of a person who is not complying with:
3743	3743	(1) the terms of a certification issued under
3744	3744	Subchapter C, Chapter 111, Government Code; or
3745	3745	(2) the standards and rules adopted under that
3746	3746	subchapter. (Tex. Prob. Code, Sec. 697B(c).)
3747	3747	Sec. 1104.257. INFORMATION REGARDING SERVICES PROVIDED BY
3748	3748	GUARDIANSHIP PROGRAM. Not later than January 31 of each year, each
3749	3749	guardianship program operating in a county shall submit to the
3750	3750	county clerk a copy of the report submitted to the Guardianship
3751	3751	Certification Board under Section 111.044, Government Code. (Tex.
3752	3752	Prob. Code, Sec. 697A(a).)
3753	3753	Sec. 1104.258. INFORMATION REGARDING CERTAIN STATE
3754	3754	EMPLOYEES PROVIDING GUARDIANSHIP SERVICES. Not later than January
3755	3755	31 of each year, the Department of Aging and Disability Services
3756	3756	shall submit to the Guardianship Certification Board a statement
3757	3757	containing:
3758	3758	(1) the name, address, and telephone number of each
3759	3759	department employee who is or will be providing guardianship
3760	3760	services to a ward or proposed ward on the department's behalf; and
3761	3761	(2) the name of each county in which each employee
3762	3762	named in Subdivision (1) is providing or is authorized to provide
3763	3763	those services. (Tex. Prob. Code, Sec. 697A(b).)
3764	3764	[Sections 1104.259-1104.300 reserved for expansion]
3765	3765	SUBCHAPTER G. PRIVATE PROFESSIONAL GUARDIANS
3766	3766	Sec. 1104.301. CERTIFICATION AND REGISTRATION REQUIRED. A
3767	3767	court may not appoint a private professional guardian to serve as a
3768	3768	guardian or permit a private professional guardian to continue to
3769	3769	serve as a guardian under this title if the private professional
3770	3770	guardian is not:
3771	3771	(1) certified as provided by Section 1104.251(a),
3772	3772	1104.252, 1104.255, or 1104.256; or
3773	3773	(2) in compliance with the registration requirements
3774	3774	of this subchapter. (Tex. Prob. Code, Sec. 696.)
3775	3775	Sec. 1104.302. ANNUAL CERTIFICATE OF REGISTRATION. A
3776	3776	private professional guardian must annually apply for a certificate
3777	3777	of registration. (Tex. Prob. Code, Sec. 697(a) (part).)
3778	3778	Sec. 1104.303. REQUIREMENTS OF APPLICATION. (a) An
3779	3779	application for a certificate of registration must include a sworn
3780	3780	statement containing the following information concerning a
3781	3781	private professional guardian or each person who represents or
3782	3782	plans to represent the interests of a ward as a guardian on behalf
3783	3783	of the private professional guardian:
3784	3784	(1) place of residence;
3785	3785	(2) business address and business telephone number;
3786	3786	(3) educational background and professional
3787	3787	experience;
3788	3788	(4) three or more professional references;
3789	3789	(5) the name of each ward the private professional
3790	3790	guardian or person is or will be serving as a guardian;
3791	3791	(6) the aggregate fair market value of the property of
3792	3792	all wards that is or will be managed by the private professional
3793	3793	guardian or person;
3794	3794	(7) whether the private professional guardian or
3795	3795	person has ever been removed as a guardian by the court or resigned
3796	3796	as a guardian in a particular case, and, if so:
3797	3797	(A) a description of the circumstances causing
3798	3798	the removal or resignation; and
3799	3799	(B) the style of the suit, the docket number, and
3800	3800	the court having jurisdiction over the proceeding; and
3801	3801	(8) the certification number or provisional
3802	3802	certification number issued to the private professional guardian or
3803	3803	person by the Guardianship Certification Board.
3804	3804	(b) The application must be:
3805	3805	(1) made to the clerk of the county having venue of the
3806	3806	proceeding for the appointment of a guardian; and
3807	3807	(2) accompanied by a nonrefundable fee set by the
3808	3808	clerk in an amount necessary to cover the cost of administering this
3809	3809	subchapter. (Tex. Prob. Code, Secs. 697(a) (part), (b).)
3810	3810	Sec. 1104.304. TERM OF REGISTRATION; RENEWAL. (a) The term
3811	3811	of an initial registration begins on the date the requirements
3812	3812	under Section 1104.303 are met and extends through December 31 of
3813	3813	the year in which the application is made. After the term of the
3814	3814	initial registration, the term of registration begins on January 1
3815	3815	and extends through December 31 of each year.
3816	3816	(b) An application to renew a registration must be completed
3817	3817	during December of the year preceding the year for which the renewal
3818	3818	is requested. (Tex. Prob. Code, Sec. 697(c).)
3819	3819	Sec. 1104.305. USE OF REGISTRATION INFORMATION. (a) The
3820	3820	clerk shall bring the information received under Section 1104.303
3821	3821	to the judge's attention for review.
3822	3822	(b) The judge shall use the information only to determine
3823	3823	whether to appoint, remove, or continue the appointment of a
3824	3824	private professional guardian. (Tex. Prob. Code, Sec. 697(d).)
3825	3825	Sec. 1104.306. USE OF NAMES AND BUSINESS ADDRESSES. Not
3826	3826	later than January 31 of each year, the clerk shall submit to the
3827	3827	Guardianship Certification Board the name and business address of
3828	3828	each private professional guardian who has satisfied the
3829	3829	registration requirements of this subchapter during the preceding
3830	3830	year. (Tex. Prob. Code, Sec. 697(e).)
3831	3831	[Sections 1104.307-1104.350 reserved for expansion]
3832	3832	SUBCHAPTER H. GROUNDS FOR DISQUALIFICATION
3833	3833	Sec. 1104.351. INCAPACITY OR INEXPERIENCE. A person may
3834	3834	not be appointed guardian if the person is:
3835	3835	(1) a minor or other incapacitated person; or
3836	3836	(2) a person who, because of inexperience, lack of
3837	3837	education, or other good reason, is incapable of properly and
3838	3838	prudently managing and controlling the person or estate of the
3839	3839	ward. (Tex. Prob. Code, Sec. 681 (part).)
3840	3840	Sec. 1104.352. UNSUITABILITY. A person may not be
3841	3841	appointed guardian if the court finds the person to be unsuitable.
3842	3842	(Tex. Prob. Code, Sec. 681 (part).)
3843	3843	Sec. 1104.353. NOTORIOUSLY BAD CONDUCT; PRESUMPTION
3844	3844	CONCERNING BEST INTEREST. (a) A person may not be appointed
3845	3845	guardian if the person's conduct is notoriously bad.
3846	3846	(b) It is presumed to be not in the best interests of a ward
3847	3847	or incapacitated person to appoint as guardian of the ward or
3848	3848	incapacitated person a person who has been finally convicted of:
3849	3849	(1) any sexual offense, including sexual assault,
3850	3850	aggravated sexual assault, and prohibited sexual conduct;
3851	3851	(2) aggravated assault;
3852	3852	(3) injury to a child, elderly individual, or disabled
3853	3853	individual; or
3854	3854	(4) abandoning or endangering a child. (Tex. Prob.
3855	3855	Code, Secs. 678, 681 (part).)
3856	3856	Sec. 1104.354. CONFLICT OF INTEREST. A person may not be
3857	3857	appointed guardian if the person:
3858	3858	(1) is a party or is a person whose parent is a party to
3859	3859	a lawsuit concerning or affecting the welfare of the proposed ward,
3860	3860	unless the court:
3861	3861	(A) determines that the lawsuit claim of the
3862	3862	person who has applied to be appointed guardian is not in conflict
3863	3863	with the lawsuit claim of the proposed ward; or
3864	3864	(B) appoints a guardian ad litem to represent the
3865	3865	interests of the proposed ward throughout the litigation of the
3866	3866	ward's lawsuit claim;
3867	3867	(2) is indebted to the proposed ward, unless the
3868	3868	person pays the debt before appointment; or
3869	3869	(3) asserts a claim adverse to the proposed ward or the
3870	3870	proposed ward's property. (Tex. Prob. Code, Sec. 681 (part).)
3871	3871	Sec. 1104.355. DISQUALIFIED IN DECLARATION. A person may
3872	3872	not be appointed guardian if the person is disqualified in a
3873	3873	declaration under Section 1104.202(b). (Tex. Prob. Code, Sec. 681
3874	3874	(part).)
3875	3875	Sec. 1104.356. LACK OF CERTAIN REQUIRED CERTIFICATION. A
3876	3876	person may not be appointed guardian if the person does not have the
3877	3877	certification to serve as guardian that is required by Subchapter
3878	3878	F. (Tex. Prob. Code, Sec. 681 (part).)
3879	3879	Sec. 1104.357. NONRESIDENT WITHOUT RESIDENT AGENT. A
3880	3880	person may not be appointed guardian if the person is a nonresident
3881	3881	who has failed to file with the court the name of a resident agent to
3882	3882	accept service of process in all actions or proceedings relating to
3883	3883	the guardianship. (Tex. Prob. Code, Sec. 681 (part).)
3884	3884	[Sections 1104.358-1104.400 reserved for expansion]
3885	3885	SUBCHAPTER I. ACCESS TO CRIMINAL HISTORY RECORDS
3886	3886	Sec. 1104.401. DEFINITION. In this subchapter,
3887	3887	"department" means the Department of Aging and Disability Services.
3888	3888	(New.)
3889	3889	Sec. 1104.402. COURT CLERK'S DUTY TO OBTAIN CRIMINAL
3890	3890	HISTORY RECORD INFORMATION; AUTHORITY TO CHARGE FEE. (a) Except as
3891	3891	provided by Section 1104.403, 1104.404, or 1104.406(a), the clerk
3892	3892	of the county having venue of the proceeding for the appointment of
3893	3893	a guardian shall obtain criminal history record information that is
3894	3894	maintained by the Department of Public Safety or the Federal Bureau
3895	3895	of Investigation identification division relating to:
3896	3896	(1) a private professional guardian;
3897	3897	(2) each person who represents or plans to represent
3898	3898	the interests of a ward as a guardian on behalf of the private
3899	3899	professional guardian;
3900	3900	(3) each person employed by a private professional
3901	3901	guardian who will:
3902	3902	(A) have personal contact with a ward or proposed
3903	3903	ward;
3904	3904	(B) exercise control over and manage a ward's
3905	3905	estate; or
3906	3906	(C) perform any duties with respect to the
3907	3907	management of a ward's estate;
3908	3908	(4) each person employed by or volunteering or
3909	3909	contracting with a guardianship program to provide guardianship
3910	3910	services to a ward of the program on the program's behalf; or
3911	3911	(5) any other person proposed to serve as a guardian
3912	3912	under this title, including a proposed temporary guardian and a
3913	3913	proposed successor guardian, other than the ward's or proposed
3914	3914	ward's family member or an attorney.
3915	3915	(b) The clerk may charge a $10 fee to recover the costs of
3916	3916	obtaining criminal history record information under Subsection
3917	3917	(a). (Tex. Prob. Code, Secs. 698(a), (e).)
3918	3918	Sec. 1104.403. SUBMISSION OF CRIMINAL HISTORY RECORD
3919	3919	INFORMATION BY PROPOSED GUARDIAN. Not later than the 10th day
3920	3920	before the date of the hearing to appoint a guardian, a person may
3921	3921	submit to the clerk a copy of the person's criminal history record
3922	3922	information required under Section 1104.402(a)(5) that the person
3923	3923	obtains not earlier than the 30th day before the date of the hearing
3924	3924	from:
3925	3925	(1) the Department of Public Safety; or
3926	3926	(2) the Federal Bureau of Investigation. (Tex. Prob.
3927	3927	Code, Sec. 698(a-5).)
3928	3928	Sec. 1104.404. EXCEPTION FOR INFORMATION CONCERNING
3929	3929	CERTAIN PERSONS HOLDING A CERTIFICATE. (a) The clerk described by
3930	3930	Section 1104.402 is not required to obtain criminal history record
3931	3931	information for a person who holds a certificate issued under
3932	3932	Section 111.042, Government Code, or a provisional certificate
3933	3933	issued under Section 111.0421, Government Code, if the Guardianship
3934	3934	Certification Board conducted a criminal history check on the
3935	3935	person before issuing or renewing the certificate.
3936	3936	(b) The board shall provide to the clerk at the court's
3937	3937	request the criminal history record information that was obtained
3938	3938	from the Department of Public Safety or the Federal Bureau of
3939	3939	Investigation. (Tex. Prob. Code, Sec. 698(a-6).)
3940	3940	Sec. 1104.405. INFORMATION FOR EXCLUSIVE USE OF COURT. (a)
3941	3941	Criminal history record information obtained or provided under
3942	3942	Section 1104.402, 1104.403, or 1104.404 is privileged and
3943	3943	confidential and is for the exclusive use of the court. The
3944	3944	criminal history record information may not be released or
3945	3945	otherwise disclosed to any person or agency except on court order or
3946	3946	consent of the person being investigated.
3947	3947	(b) The county clerk may destroy the criminal history record
3948	3948	information after the information is used for the purposes
3949	3949	authorized by this subchapter. (Tex. Prob. Code, Sec. 698(b).)
3950	3950	Sec. 1104.406. DEPARTMENT'S DUTY TO OBTAIN CRIMINAL HISTORY
3951	3951	RECORD INFORMATION. (a) The department shall obtain criminal
3952	3952	history record information that is maintained by the Department of
3953	3953	Public Safety or the Federal Bureau of Investigation identification
3954	3954	division relating to each individual who is or will be providing
3955	3955	guardianship services to a ward of or referred by the department,
3956	3956	including:
3957	3957	(1) an employee of or an applicant selected for an
3958	3958	employment position with the department;
3959	3959	(2) a volunteer or an applicant selected to volunteer
3960	3960	with the department;
3961	3961	(3) an employee of or an applicant selected for an
3962	3962	employment position with a business entity or other person who
3963	3963	contracts with the department to provide guardianship services to a
3964	3964	ward referred by the department; and
3965	3965	(4) a volunteer or an applicant selected to volunteer
3966	3966	with a business entity or other person described by Subdivision
3967	3967	(3).
3968	3968	(b) The department must obtain the information in
3969	3969	Subsection (a) before:
3970	3970	(1) making an offer of employment to an applicant for
3971	3971	an employment position; or
3972	3972	(2) a volunteer contacts a ward of or referred by the
3973	3973	department.
3974	3974	(c) The department must annually obtain the information in
3975	3975	Subsection (a) regarding employees or volunteers providing
3976	3976	guardianship services. (Tex. Prob. Code, Secs. 698(a-1), (a-2),
3977	3977	(a-3).)
3978	3978	Sec. 1104.407. DUTY TO PROVIDE INFORMATION ON REQUEST. The
3979	3979	department shall provide the information obtained under Section
3980	3980	1102.406(a) to:
3981	3981	(1) the clerk of the county having venue of the
3982	3982	guardianship proceeding at the court's request; and
3983	3983	(2) the Guardianship Certification Board at the
3984	3984	board's request. (Tex. Prob. Code, Sec. 698(a-4).)
3985	3985	Sec. 1104.408. INFORMATION FOR EXCLUSIVE USE OF COURT OR
3986	3986	GUARDIANSHIP CERTIFICATION BOARD. (a) Criminal history record
3987	3987	information obtained under Section 1104.407 is privileged and
3988	3988	confidential and is for the exclusive use of the court or
3989	3989	Guardianship Certification Board, as appropriate. The information
3990	3990	may not be released or otherwise disclosed to any person or agency
3991	3991	except:
3992	3992	(1) on court order;
3993	3993	(2) with the consent of the person being investigated;
3994	3994	or
3995	3995	(3) as authorized by Section 1104.404 of this code or
3996	3996	Section 411.1386(a-6), Government Code.
3997	3997	(b) The county clerk or Guardianship Certification Board
3998	3998	may destroy the criminal history record information after the
3999	3999	information is used for the purposes authorized by this subchapter.
4000	4000	(Tex. Prob. Code, Sec. 698(b-1).)
4001	4001	Sec. 1104.409. USE OF INFORMATION BY COURT. The court
4002	4002	shall use the information obtained under this subchapter only in
4003	4003	determining whether to:
4004	4004	(1) appoint, remove, or continue the appointment of a
4005	4005	private professional guardian, a guardianship program, or the
4006	4006	department; or
4007	4007	(2) appoint any other person proposed to serve as a
4008	4008	guardian under this title, including a proposed temporary guardian
4009	4009	and a proposed successor guardian, other than the ward's or
4010	4010	proposed ward's family member or an attorney. (Tex. Prob. Code,
4011	4011	Sec. 698(c).)
4012	4012	Sec. 1104.410. USE OF INFORMATION BY GUARDIANSHIP
4013	4013	CERTIFICATION BOARD. Criminal history record information obtained
4014	4014	by the Guardianship Certification Board under Section 1104.407(2)
4015	4015	may be used for any purpose related to the issuance, denial,
4016	4016	renewal, suspension, or revocation of a certificate issued by the
4017	4017	board. (Tex. Prob. Code, Sec. 698(c-1).)
4018	4018	Sec. 1104.411. CRIMINAL OFFENSE FOR UNAUTHORIZED RELEASE OR
4019	4019	DISCLOSURE. (a) A person commits an offense if the person releases
4020	4020	or discloses any information received under this subchapter without
4021	4021	the authorization prescribed by Section 1104.405 or 1104.408.
4022	4022	(b) An offense under this section is a Class A misdemeanor.
4023	4023	(Tex. Prob. Code, Sec. 698(d).)
4024	4024	Sec. 1104.412. EFFECT OF SUBCHAPTER ON DEPARTMENT'S
4025	4025	AUTHORITY TO OBTAIN OR USE INFORMATION. This subchapter does not
4026	4026	prohibit the department from obtaining and using criminal history
4027	4027	record information as provided by other law. (Tex. Prob. Code, Sec. 698(f).)
4028	4028	CHAPTER 1105. QUALIFICATION OF GUARDIANS
4029	4029	SUBCHAPTER A. GENERAL PROVISIONS
4030	4030	Sec. 1105.001. DEFINITIONS
4031	4031	Sec. 1105.002. MANNER OF QUALIFICATION OF GUARDIAN
4032	4032	Sec. 1105.003. PERIOD FOR TAKING OATH AND GIVING BOND
4033	4033	[Sections 1105.004-1105.050 reserved for expansion]
4034	4034	SUBCHAPTER B. OATHS
4035	4035	Sec. 1105.051. OATH OF GUARDIAN
4036	4036	Sec. 1105.052. ADMINISTRATION OF OATH
4037	4037	[Sections 1105.053-1105.100 reserved for expansion]
4038	4038	SUBCHAPTER C. GENERAL PROVISIONS RELATING TO BONDS
4039	4039	Sec. 1105.101. BOND GENERALLY REQUIRED; EXCEPTIONS
4040	4040	Sec. 1105.102. BOND FOR CERTAIN GUARDIANS OF THE
4041	4041	PERSON
4042	4042	Sec. 1105.103. BOND REQUIRED FROM GUARDIAN OTHERWISE
4043	4043	EXEMPT
4044	4044	Sec. 1105.104. BONDS OF JOINT GUARDIANS
4045	4045	Sec. 1105.105. BOND OF MARRIED PERSON
4046	4046	Sec. 1105.106. BOND OF MARRIED PERSON YOUNGER THAN 18
4047	4047	YEARS OF AGE
4048	4048	Sec. 1105.107. BOND OF GUARDIANSHIP PROGRAM
4049	4049	Sec. 1105.108. SUBSCRIPTION OF BOND BY PRINCIPALS AND
4050	4050	SURETIES
4051	4051	Sec. 1105.109. FORM OF BOND
4052	4052	Sec. 1105.110. FILING OF BOND
4053	4053	Sec. 1105.111. FAILURE TO GIVE BOND
4054	4054	Sec. 1105.112. BOND NOT VOID ON FIRST RECOVERY
4055	4055	[Sections 1105.113-1105.150 reserved for expansion]
4056	4056	SUBCHAPTER D. OTHER PROVISIONS RELATING TO BONDS OF GUARDIANS OF
4057	4057	THE ESTATE
4058	4058	Sec. 1105.151. GENERAL FORMALITIES
4059	4059	Sec. 1105.152. GENERAL STANDARD REGARDING AMOUNT OF
4060	4060	BOND
4061	4061	Sec. 1105.153. EVIDENTIARY HEARING ON AMOUNT OF BOND
4062	4062	Sec. 1105.154. SPECIFIC BOND AMOUNT
4063	4063	Sec. 1105.155. AGREEMENT REGARDING DEPOSIT OF ESTATE
4064	4064	ASSETS
4065	4065	Sec. 1105.156. DEPOSIT OF ESTATE ASSETS ON TERMS
4066	4066	PRESCRIBED BY COURT
4067	4067	Sec. 1105.157. DEPOSITS OF GUARDIAN
4068	4068	Sec. 1105.158. BOND REQUIRED INSTEAD OF DEPOSITS
4069	4069	Sec. 1105.159. WITHDRAWAL OF DEPOSITS ON CLOSING OF
4070	4070	GUARDIANSHIP
4071	4071	Sec. 1105.160. AUTHORIZED CORPORATE OR PERSONAL
4072	4072	SURETIES
4073	4073	Sec. 1105.161. SURETIES FOR CERTAIN BONDS
4074	4074	Sec. 1105.162. DEPOSITS BY PERSONAL SURETY
4075	4075	Sec. 1105.163. APPLICABILITY OF SUBCHAPTER TO CERTAIN
4076	4076	COURT ORDERS
4077	4077	[Sections 1105.164-1105.200 reserved for expansion]
4078	4078	SUBCHAPTER E. PROVISIONS RELATING TO PERSONAL SURETIES
4079	4079	Sec. 1105.201. AFFIDAVIT OF PERSONAL SURETY
4080	4080	Sec. 1105.202. LIEN ON REAL PROPERTY OWNED BY PERSONAL
4081	4081	SURETY
4082	4082	Sec. 1105.203. SUBORDINATION OF LIEN ON REAL PROPERTY
4083	4083	OWNED BY PERSONAL SURETY
4084	4084	Sec. 1105.204. RELEASE OF LIEN ON REAL PROPERTY OWNED
4085	4085	BY PERSONAL SURETIES
4086	4086	[Sections 1105.205-1105.250 reserved for expansion]
4087	4087	SUBCHAPTER F. NEW BONDS
4088	4088	Sec. 1105.251. GROUNDS FOR REQUIRING NEW BOND
4089	4089	Sec. 1105.252. COURT ORDER OR CITATION ON NEW BOND
4090	4090	Sec. 1105.253. SHOW CAUSE HEARING ON NEW BOND
4091	4091	REQUIREMENT
4092	4092	Sec. 1105.254. EFFECT OF ORDER REQUIRING NEW BOND
4093	4093	Sec. 1105.255. NEW BOND IN DECREASED AMOUNT
4094	4094	Sec. 1105.256. REQUEST BY SURETY FOR NEW BOND
4095	4095	Sec. 1105.257. DISCHARGE OF FORMER SURETIES ON
4096	4096	APPROVAL OF NEW BOND
4097	4097	CHAPTER 1105. QUALIFICATION OF GUARDIANS
4098	4098	SUBCHAPTER A. GENERAL PROVISIONS
4099	4099	Sec. 1105.001. DEFINITIONS. In this chapter:
4100	4100	(1) "Bond" means a bond required by this chapter to be
4101	4101	given by a person appointed to serve as a guardian.
4102	4102	(2) "Oath" means an oath required by this chapter to be
4103	4103	taken by a person appointed to serve as a guardian. (New.)
4104	4104	Sec. 1105.002. MANNER OF QUALIFICATION OF GUARDIAN. (a)
4105	4105	Except as provided by Subsection (b), a guardian is considered to
4106	4106	have qualified when the guardian has:
4107	4107	(1) taken and filed the oath required under Section
4108	4108	1105.051;
4109	4109	(2) given the required bond;
4110	4110	(3) filed the bond with the clerk; and
4111	4111	(4) obtained the judge's approval of the bond.
4112	4112	(b) A guardian who is not required to give a bond is
4113	4113	considered to have qualified when the guardian has taken and filed
4114	4114	the required oath. (Tex. Prob. Code, Sec. 699.)
4115	4115	Sec. 1105.003. PERIOD FOR TAKING OATH AND GIVING BOND. (a)
4116	4116	Except as provided by Section 1103.003, an oath may be taken and
4117	4117	subscribed and a bond may be given and approved at any time before:
4118	4118	(1) the 21st day after the date of the order granting
4119	4119	letters of guardianship; or
4120	4120	(2) the letters of guardianship are revoked for a
4121	4121	failure to qualify within the period allowed.
4122	4122	(b) A guardian of an estate must give a bond before being
4123	4123	issued letters of guardianship unless a bond is not required under
4124	4124	this title. (Tex. Prob. Code, Secs. 701 (part), 703(a) (part).)
4125	4125	[Sections 1105.004-1105.050 reserved for expansion]
4126	4126	SUBCHAPTER B. OATHS
4127	4127	Sec. 1105.051. OATH OF GUARDIAN. (a) A guardian shall take
4128	4128	an oath to discharge faithfully the duties of guardian for the
4129	4129	person or estate, or both, of a ward.
4130	4130	(b) If the Department of Aging and Disability Services is
4131	4131	appointed guardian, a department representative shall take the oath
4132	4132	required by Subsection (a). (Tex. Prob. Code, Sec. 700.)
4133	4133	Sec. 1105.052. ADMINISTRATION OF OATH. An oath may be taken
4134	4134	before any person authorized to administer oaths under the laws of
4135	4135	this state. (Tex. Prob. Code, Sec. 701 (part).)
4136	4136	[Sections 1105.053-1105.100 reserved for expansion]
4137	4137	SUBCHAPTER C. GENERAL PROVISIONS RELATING TO BONDS
4138	4138	Sec. 1105.101. BOND GENERALLY REQUIRED; EXCEPTIONS. (a)
4139	4139	Except as provided by this section, a guardian of the person or the
4140	4140	estate of a ward shall give a bond.
4141	4141	(b) A bond is not required if the guardian is:
4142	4142	(1) a corporate fiduciary; or
4143	4143	(2) a guardianship program operated by a county.
4144	4144	(c) The court shall issue letters of guardianship of the
4145	4145	person to a person without the requirement of a bond if:
4146	4146	(1) the person is named to be appointed guardian in a
4147	4147	will made by a surviving parent that is probated by a court in this
4148	4148	state, or in a written declaration made by a surviving parent, and
4149	4149	the will or declaration directs that the guardian serve without a
4150	4150	bond; and
4151	4151	(2) the court finds that the guardian is qualified.
4152	4152	(d) The court may not waive the requirement of bond for the
4153	4153	guardian of the estate of a ward, regardless of whether a surviving
4154	4154	parent's will or written declaration directs the court to waive the
4155	4155	bond. (Tex. Prob. Code, Sec. 702.)
4156	4156	Sec. 1105.102. BOND FOR CERTAIN GUARDIANS OF THE PERSON.
4157	4157	(a) This section applies only to a bond required to be posted by a
4158	4158	guardian of the person of a ward when there is no guardian of the
4159	4159	ward's estate.
4160	4160	(b) To ensure the performance of the guardian's duties, a
4161	4161	court may accept only:
4162	4162	(1) a corporate surety bond;
4163	4163	(2) a personal surety bond;
4164	4164	(3) a deposit of money instead of a surety bond; or
4165	4165	(4) a personal bond.
4166	4166	(c) In determining the appropriate type and amount of bond
4167	4167	to set for the guardian, the court shall consider:
4168	4168	(1) the familial relationship of the guardian to the
4169	4169	ward;
4170	4170	(2) the guardian's ties to the community;
4171	4171	(3) the guardian's financial condition;
4172	4172	(4) the guardian's past history of compliance with the
4173	4173	court; and
4174	4174	(5) the reason the guardian may have previously been
4175	4175	denied a corporate surety bond. (Tex. Prob. Code, Sec. 702A.)
4176	4176	Sec. 1105.103. BOND REQUIRED FROM GUARDIAN OTHERWISE
4177	4177	EXEMPT. (a) This section applies only to an individual guardian of
4178	4178	the estate from whom a bond was not required.
4179	4179	(b) A person who has a debt, claim, or demand against the
4180	4180	guardianship, with respect to the justice of which an oath has been
4181	4181	made by the person, the person's agent or attorney, or another
4182	4182	person interested in the guardianship, in person or as the
4183	4183	representative of another person, may file a written complaint
4184	4184	under oath in the court in which the guardian was appointed.
4185	4185	(c) After a complaint is filed under Subsection (b), the
4186	4186	court shall cite the guardian to appear and show cause why the
4187	4187	guardian should not be required to give a bond.
4188	4188	(d) On hearing a complaint filed under Subsection (b), if it
4189	4189	appears to the court that the guardian is wasting, mismanaging, or
4190	4190	misapplying the guardianship estate and that a creditor may
4191	4191	probably lose the creditor's debt, or that a person's interest in
4192	4192	the guardianship may be diminished or lost, the court shall enter an
4193	4193	order requiring the guardian to give a bond not later than the 10th
4194	4194	day after the date of the order.
4195	4195	(e) A bond required under Subsection (d) must be:
4196	4196	(1) in an amount sufficient to protect the
4197	4197	guardianship and the guardianship's creditors;
4198	4198	(2) approved by and payable to the judge; and
4199	4199	(3) conditioned that the guardian:
4200	4200	(A) will well and truly administer the
4201	4201	guardianship; and
4202	4202	(B) will not waste, mismanage, or misapply the
4203	4203	guardianship estate.
4204	4204	(f) If the guardian fails to give the bond required under
4205	4205	Subsection (d) and the judge has not extended the period for giving
4206	4206	the bond, the judge, without citation, shall remove the guardian
4207	4207	and appoint a competent person as guardian, who shall:
4208	4208	(1) administer the guardianship according to the
4209	4209	provisions of a will or law;
4210	4210	(2) take the oath required of a guardian under Section
4211	4211	1105.051 before the person enters on the administration of the
4212	4212	guardianship; and
4213	4213	(3) give bond in the same manner and in the same amount
4214	4214	provided by this title for the issuance of original letters of
4215	4215	guardianship. (Tex. Prob. Code, Secs. 722, 723, 724, 725.)
4216	4216	Sec. 1105.104. BONDS OF JOINT GUARDIANS. If two or more
4217	4217	persons are appointed as guardians and are required to give a bond
4218	4218	by the court or under this title, the court may require:
4219	4219	(1) a separate bond from each person; or
4220	4220	(2) a joint bond from all of the persons. (Tex. Prob.
4221	4221	Code, Sec. 706.)
4222	4222	Sec. 1105.105. BOND OF MARRIED PERSON. (a) A married
4223	4223	person appointed as guardian may jointly execute, with or without,
4224	4224	the person's spouse, a bond required by law.
4225	4225	(b) A bond executed by a married person:
4226	4226	(1) binds the person's separate estate; and
4227	4227	(2) may bind the person's spouse only if the spouse
4228	4228	signs the bond. (Tex. Prob. Code, Sec. 707.)
4229	4229	Sec. 1105.106. BOND OF MARRIED PERSON YOUNGER THAN 18 YEARS
4230	4230	OF AGE. A bond required to be executed by a person who is younger
4231	4231	than 18 years of age, is or has been married, and accepts and
4232	4232	qualifies as guardian is as valid and binding for all purposes as if
4233	4233	the person were of legal age. (Tex. Prob. Code, Sec. 708.)
4234	4234	Sec. 1105.107. BOND OF GUARDIANSHIP PROGRAM. The judge may
4235	4235	require a guardianship program appointed guardian under this title
4236	4236	to file one bond that:
4237	4237	(1) meets all the conditions required under this
4238	4238	title; and
4239	4239	(2) is in an amount sufficient to protect all of the
4240	4240	guardianships and the creditors of the guardianships of the wards
4241	4241	receiving services from the guardianship program. (Tex. Prob.
4242	4242	Code, Sec. 708A.)
4243	4243	Sec. 1105.108. SUBSCRIPTION OF BOND BY PRINCIPALS AND
4244	4244	SURETIES. A bond required under this title shall be subscribed by
4245	4245	the principals and sureties. (Tex. Prob. Code, Sec. 705 (part).)
4246	4246	Sec. 1105.109. FORM OF BOND. The following form, or a form
4247	4247	with the same substance, may be used for the bond of a guardian:
4248	4248	"The State of Texas
4249	4249	"County of __________
4250	4250	"Know all persons by these presents that we, _____ (insert
4251	4251	name of each principal), as principal, and ____ (insert name of each
4252	4252	surety), as sureties, are held and firmly bound to the judge of ____
4253	4253	(insert reference to appropriate judge), and that judge's
4254	4254	successors in office, in the sum of $______; conditioned that the
4255	4255	above bound principal or principals, appointed by the judge as
4256	4256	guardian or temporary guardian of the person or of the estate, or
4257	4257	both, of __________ (insert name of ward, stating in each case
4258	4258	whether the person is a minor or an incapacitated person other than
4259	4259	a minor), shall well and truly perform all of the duties required of
4260	4260	the guardian or temporary guardian by law under appointment."
4261	4261	(Tex. Prob. Code, Sec. 704.)
4262	4262	Sec. 1105.110. FILING OF BOND. A bond required under this
4263	4263	title shall be filed with the clerk after the court approves the
4264	4264	bond. (Tex. Prob. Code, Sec. 705 (part).)
4265	4265	Sec. 1105.111. FAILURE TO GIVE BOND. Another person may be
4266	4266	appointed as guardian to replace a guardian who fails to give the
4267	4267	bond required by the court within the period required under this
4268	4268	title. (Tex. Prob. Code, Sec. 721.)
4269	4269	Sec. 1105.112. BOND NOT VOID ON FIRST RECOVERY. A
4270	4270	guardian's bond is not void on the first recovery, but the bond may
4271	4271	be sued on and prosecuted from time to time until the entire amount
4272	4272	of the bond is recovered. (Tex. Prob. Code, Sec. 726.)
4273	4273	[Sections 1105.113-1105.150 reserved for expansion]
4274	4274	SUBCHAPTER D. OTHER PROVISIONS RELATING TO BONDS OF GUARDIANS OF
4275	4275	THE ESTATE
4276	4276	Sec. 1105.151. GENERAL FORMALITIES. A bond given by a
4277	4277	guardian of the estate must:
4278	4278	(1) be conditioned as required by law;
4279	4279	(2) be payable to the judge or that judge's successors
4280	4280	in office;
4281	4281	(3) have the written approval of the judge in the
4282	4282	judge's official capacity; and
4283	4283	(4) be executed and approved in accordance with this
4284	4284	subchapter. (Tex. Prob. Code, Sec. 703(a) (part).)
4285	4285	Sec. 1105.152. GENERAL STANDARD REGARDING AMOUNT OF BOND.
4286	4286	(a) The judge shall set the amount of a bond for a guardian of an
4287	4287	estate in an amount sufficient to protect the guardianship and the
4288	4288	guardianship's creditors, as provided by this title.
4289	4289	(b) In determining the amount of the bond, the court may not
4290	4290	consider estate assets placed in a management trust under Chapter
4291	4291	1301. (Tex. Prob. Code, Secs. 703(b), (s).)
4292	4292	Sec. 1105.153. EVIDENTIARY HEARING ON AMOUNT OF BOND.
4293	4293	Before setting the amount of a bond required of a guardian of an
4294	4294	estate, the court shall hear evidence and determine:
4295	4295	(1) the amount of cash on hand and where that cash is
4296	4296	deposited;
4297	4297	(2) the amount of cash estimated to be needed for
4298	4298	administrative purposes, including the operation of a business,
4299	4299	factory, farm, or ranch owned by the guardianship estate, and
4300	4300	administrative expenses for one year;
4301	4301	(3) the revenue anticipated to be received in the
4302	4302	succeeding 12 months from dividends, interest, rentals, or use of
4303	4303	property belonging to the guardianship estate and the aggregate
4304	4304	amount of any installments or periodic payments to be collected;
4305	4305	(4) the estimated value of certificates of stock,
4306	4306	bonds, notes, or other securities of the ward, and the name of the
4307	4307	depository in which the stocks, bonds, notes, or other securities
4308	4308	are deposited;
4309	4309	(5) the face value of life insurance or other policies
4310	4310	payable to the ward or the ward's estate;
4311	4311	(6) the estimated value of other personal property
4312	4312	that is owned by the guardianship, or by a person with a disability;
4313	4313	and
4314	4314	(7) the estimated amount of debts due and owing by the
4315	4315	ward. (Tex. Prob. Code, Sec. 703(c).)
4316	4316	Sec. 1105.154. SPECIFIC BOND AMOUNT. (a) Except as
4317	4317	otherwise provided by this section, the judge shall set the amount
4318	4318	of a bond of a guardian of an estate in an amount equal to the sum
4319	4319	of:
4320	4320	(1) the estimated value of all personal property
4321	4321	belonging to the ward; and
4322	4322	(2) an additional amount to cover revenue anticipated
4323	4323	to be derived during the succeeding 12 months from:
4324	4324	(A) interest and dividends;
4325	4325	(B) collectible claims;
4326	4326	(C) the aggregate amount of any installments or
4327	4327	periodic payments, excluding income derived or to be derived from
4328	4328	federal social security payments; and
4329	4329	(D) rentals for the use of property.
4330	4330	(b) The judge shall reduce the amount of the original bond
4331	4331	under Subsection (a) in proportion to the amount of cash or the
4332	4332	value of securities or other assets:
4333	4333	(1) authorized or required to be deposited by court
4334	4334	order; or
4335	4335	(2) voluntarily deposited by the guardian or the
4336	4336	sureties on the guardian's bond as provided in Sections 1105.156
4337	4337	and 1105.157(a).
4338	4338	(c) The judge shall set the amount of the bond for a
4339	4339	temporary guardian. (Tex. Prob. Code, Secs. 703(d), (q).)
4340	4340	Sec. 1105.155. AGREEMENT REGARDING DEPOSIT OF ESTATE
4341	4341	ASSETS. (a) If the court considers it to be in the best interests
4342	4342	of the ward, the court may require the guardian of the estate and
4343	4343	the corporate or personal sureties on the guardian's bond to agree
4344	4344	to deposit cash and other assets of the guardianship estate in a
4345	4345	depository described by Subsection (b). If the depository is
4346	4346	otherwise proper, the court may require the deposit to be made in a
4347	4347	manner so as to prevent the withdrawal of the money or other assets
4348	4348	in the guardianship estate without the written consent of the
4349	4349	surety or on court order made after notice to the surety.
4350	4350	(b) Cash and assets must be deposited under this section in
4351	4351	a financial institution as defined by Section 201.101, Finance
4352	4352	Code, that:
4353	4353	(1) has its main office or a branch office in this
4354	4354	state; and
4355	4355	(2) is qualified to act as a depository in this state
4356	4356	under the laws of this state or the United States.
4357	4357	(c) An agreement made by a guardian and the sureties on the
4358	4358	guardian's bond under this section does not release the principal
4359	4359	or sureties from liability, or change the liability of the
4360	4360	principal or sureties, as established by the terms of the bond.
4361	4361	(Tex. Prob. Code, Sec. 703(e).)
4362	4362	Sec. 1105.156. DEPOSIT OF ESTATE ASSETS ON TERMS PRESCRIBED
4363	4363	BY COURT. (a) Cash, securities, or other personal assets of a ward
4364	4364	to which the ward is entitled may, or if considered by the court to
4365	4365	be in the best interests of the ward, shall, be deposited in one or
4366	4366	more depositories described by this subchapter on terms prescribed
4367	4367	by the court.
4368	4368	(b) The court in which the guardianship proceeding is
4369	4369	pending may authorize or require additional estate assets currently
4370	4370	on hand or that accrue during the pendency of the proceeding to be
4371	4371	deposited as provided by Subsection (a) on:
4372	4372	(1) the court's own motion; or
4373	4373	(2) the written application of the guardian or any
4374	4374	other person interested in the ward.
4375	4375	(c) The amount of the bond required to be given by the
4376	4376	guardian of the estate shall be reduced in proportion to the amount
4377	4377	of the cash or the value of the securities or other assets deposited
4378	4378	under this section.
4379	4379	(d) Cash, securities, or other assets deposited under this
4380	4380	section may be withdrawn wholly or partly from the depository only
4381	4381	in accordance with a court order, and the amount of the guardian's
4382	4382	bond shall be increased in proportion to the amount of the cash or
4383	4383	the value of the securities or other assets authorized to be
4384	4384	withdrawn. (Tex. Prob. Code, Sec. 703(f).)
4385	4385	Sec. 1105.157. DEPOSITS OF GUARDIAN. (a) Instead of giving
4386	4386	a surety or sureties on a bond, or to reduce the amount of a bond,
4387	4387	the guardian of an estate may deposit the guardian's own cash or
4388	4388	securities acceptable to the court with a financial institution as
4389	4389	defined by Section 201.101, Finance Code, that has its main office
4390	4390	or a branch office in this state.
4391	4391	(b) If the deposit is otherwise proper, the deposit must be
4392	4392	in an amount or value equal to the amount of the bond required or the
4393	4393	bond shall be reduced by the value of assets that are deposited.
4394	4394	(c) A depository that receives a deposit made under
4395	4395	Subsection (a) shall issue a receipt for the deposit that:
4396	4396	(1) shows the amount of cash deposited or the amount
4397	4397	and description of the securities deposited, as applicable; and
4398	4398	(2) states that the depository agrees to disburse or
4399	4399	deliver the cash or securities only on receipt of a certified copy
4400	4400	of an order of the court in which the proceeding is pending.
4401	4401	(d) A receipt issued by a depository under Subsection (c)
4402	4402	must be attached to the guardian's bond and be delivered to and
4403	4403	filed by the county clerk after the receipt is approved by the
4404	4404	judge.
4405	4405	(e) The amount of cash or securities on deposit may be
4406	4406	increased or decreased, by court order from time to time, as the
4407	4407	interests of the guardianship require.
4408	4408	(f) A deposit of cash or securities made instead of a surety
4409	4409	on the bond may be withdrawn or released only on order of a court
4410	4410	that has jurisdiction.
4411	4411	(g) A creditor has the same rights against a guardian of the
4412	4412	estate and the deposits as are provided for recovery against
4413	4413	sureties on a bond. (Tex. Prob. Code, Secs. 703(g), (h), (i), (j),
4414	4414	(k).)
4415	4415	Sec. 1105.158. BOND REQUIRED INSTEAD OF DEPOSITS. (a) The
4416	4416	court may on its own motion or on the written application by the
4417	4417	guardian of an estate or any other person interested in the
4418	4418	guardianship:
4419	4419	(1) require the guardian to give adequate bond instead
4420	4420	of the deposit; or
4421	4421	(2) authorize withdrawal of the deposit and
4422	4422	substitution of a bond with sureties.
4423	4423	(b) Before the 21st day after the date the guardian is
4424	4424	personally served with notice of the filing of the application or
4425	4425	the date the court enters the court's motion, the guardian shall
4426	4426	file a sworn statement showing the condition of the guardianship.
4427	4427	(c) A guardian who fails to comply with Subsection (b) is
4428	4428	subject to removal as in other cases.
4429	4429	(d) The deposit may not be released or withdrawn until the
4430	4430	court:
4431	4431	(1) is satisfied as to the condition of the
4432	4432	guardianship estate;
4433	4433	(2) determines the amount of the bond; and
4434	4434	(3) receives and approves the bond. (Tex. Prob. Code,
4435	4435	Sec. 703(l).)
4436	4436	Sec. 1105.159. WITHDRAWAL OF DEPOSITS ON CLOSING OF
4437	4437	GUARDIANSHIP. (a) Any deposit of assets of the guardian of an
4438	4438	estate, the guardianship, or a surety that remains at the time a
4439	4439	guardianship is closed shall be released by court order and paid to
4440	4440	the person entitled to the assets.
4441	4441	(b) Except as provided by Subsection (c), a writ of
4442	4442	attachment or garnishment does not lie against a deposit described
4443	4443	by Subsection (a).
4444	4444	(c) A writ of attachment or garnishment may lie against a
4445	4445	deposit described by Subsection (a) as to a claim of a creditor of
4446	4446	the guardianship or a person interested in the guardianship,
4447	4447	including a distributee or ward, only to the extent the court has
4448	4448	ordered distribution. (Tex. Prob. Code, Sec. 703(m).)
4449	4449	Sec. 1105.160. AUTHORIZED CORPORATE OR PERSONAL SURETIES.
4450	4450	(a) The surety on a bond of a guardian of an estate may be an
4451	4451	authorized corporate or personal surety.
4452	4452	(b) A bond of a guardian of an estate with sureties who are
4453	4453	individuals must have at least two sureties, each of whom must:
4454	4454	(1) execute an affidavit in the manner provided by
4455	4455	Subchapter E; and
4456	4456	(2) own property in this state, excluding property
4457	4457	exempt by law, that the judge is satisfied is sufficient to qualify
4458	4458	the person as a surety as required by law.
4459	4459	(c) A bond with an authorized corporate surety is only
4460	4460	required to have one surety, except as otherwise provided by law.
4461	4461	(Tex. Prob. Code, Secs. 703(n), (p) (part).)
4462	4462	Sec. 1105.161. SURETIES FOR CERTAIN BONDS. (a) If the
4463	4463	amount of the bond of a guardian of an estate exceeds $50,000, the
4464	4464	court may require that the bond be signed by:
4465	4465	(1) at least two authorized corporate sureties; or
4466	4466	(2) one corporate surety and at least two good and
4467	4467	sufficient personal sureties.
4468	4468	(b) The guardianship shall pay the cost of a bond with
4469	4469	corporate sureties. (Tex. Prob. Code, Sec. 703(o).)
4470	4470	Sec. 1105.162. DEPOSITS BY PERSONAL SURETY. Instead of
4471	4471	executing an affidavit under Section 1105.201 or creating a lien
4472	4472	under Section 1105.202 when required, a personal surety may deposit
4473	4473	the surety's own cash or securities in the same manner as a guardian
4474	4474	instead of pledging real property as security, subject to the
4475	4475	provisions governing the deposits if made by a guardian. (Tex.
4476	4476	Prob. Code, Sec. 703(p) (part).)
4477	4477	Sec. 1105.163. APPLICABILITY OF SUBCHAPTER TO CERTAIN COURT
4478	4478	ORDERS. To the extent applicable, the provisions of this
4479	4479	subchapter relating to the deposit of cash and securities cover the
4480	4480	orders entered by the court when:
4481	4481	(1) property of a guardianship has been authorized to
4482	4482	be sold or rented;
4483	4483	(2) money is borrowed from the guardianship;
4484	4484	(3) real property, or an interest in real property,
4485	4485	has been authorized to be leased for mineral development or made
4486	4486	subject to unitization;
4487	4487	(4) the general bond has been found insufficient; or
4488	4488	(5) money is borrowed or invested on behalf of a ward.
4489	4489	(Tex. Prob. Code, Sec. 703(r).)
4490	4490	[Sections 1105.164-1105.200 reserved for expansion]
4491	4491	SUBCHAPTER E. PROVISIONS RELATING TO PERSONAL SURETIES
4492	4492	Sec. 1105.201. AFFIDAVIT OF PERSONAL SURETY. (a) Before a
4493	4493	judge considers a bond with a personal surety, each personal surety
4494	4494	must execute an affidavit stating the amount by which the surety's
4495	4495	assets that are reachable by creditors exceeds the surety's
4496	4496	liabilities. The total of the surety's worth must equal at least
4497	4497	twice the amount of the bond.
4498	4498	(b) Each affidavit must be presented to the judge for
4499	4499	consideration and, if approved, shall be attached to and form part
4500	4500	of the bond. (Tex. Prob. Code, Sec. 709(a).)
4501	4501	Sec. 1105.202. LIEN ON REAL PROPERTY OWNED BY PERSONAL
4502	4502	SURETY. (a) If a judge finds that the estimated value of personal
4503	4503	property of the guardianship that cannot be deposited, as provided
4504	4504	by Subchapter D, is such that personal sureties cannot be accepted
4505	4505	without the creation of a specific lien on the real property owned
4506	4506	by the sureties, the judge shall enter an order requiring each
4507	4507	surety to designate real property that is owned by the surety,
4508	4508	located in this state, and subject to execution. The designated
4509	4509	property must have a value that exceeds all liens and unpaid taxes
4510	4510	by an amount at least equal to the amount of the bond and must have
4511	4511	an adequate legal description, all of which the surety shall
4512	4512	incorporate in an affidavit. Following approval by the judge, the
4513	4513	affidavit shall be attached to and form part of the bond.
4514	4514	(b) A lien arises as security for the performance of the
4515	4515	obligation of the bond only on the real property designated in the
4516	4516	affidavit.
4517	4517	(c) Before letters of guardianship are issued to the
4518	4518	guardian whose bond includes an affidavit under this section, the
4519	4519	court clerk shall mail a statement to the office of the county clerk
4520	4520	of each county in which any real property designated in the
4521	4521	affidavit is located. The statement must be signed by the court
4522	4522	clerk and include:
4523	4523	(1) a sufficient description of the real property;
4524	4524	(2) the names of the principal and sureties on the
4525	4525	bond;
4526	4526	(3) the amount of the bond;
4527	4527	(4) the name of the guardianship; and
4528	4528	(5) the name of the court in which the bond is given.
4529	4529	(d) Each county clerk who receives a statement required by
4530	4530	Subsection (c) shall record the statement in the county deed
4531	4531	records. Each recorded statement shall be indexed in a manner that
4532	4532	permits the convenient determination of the existence and character
4533	4533	of the lien described in the statement.
4534	4534	(e) The recording and indexing required by Subsection (d) is
4535	4535	constructive notice to a person regarding the existence of the lien
4536	4536	on the real property located in the county, effective as of the date
4537	4537	of the indexing.
4538	4538	(f) If each personal surety subject to a court order under
4539	4539	this section does not comply with the order, the judge may require
4540	4540	that the bond be signed by:
4541	4541	(1) an authorized corporate surety; or
4542	4542	(2) an authorized corporate surety and at least two
4543	4543	personal sureties. (Tex. Prob. Code, Secs. 709(b), 710.)
4544	4544	Sec. 1105.203. SUBORDINATION OF LIEN ON REAL PROPERTY OWNED
4545	4545	BY PERSONAL SURETY. (a) A personal surety required to create a
4546	4546	lien on specific real property under Section 1105.202 who wishes to
4547	4547	lease the real property for mineral development may file a written
4548	4548	application in the court in which the proceeding is pending
4549	4549	requesting subordination of the lien to the proposed lease.
4550	4550	(b) The judge may enter an order granting the application.
4551	4551	(c) A certified copy of an order entered under this section
4552	4552	that is filed and recorded in the deed records of the proper county
4553	4553	is sufficient to subordinate the lien to the rights of a lessee
4554	4554	under the proposed lease. (Tex. Prob. Code, Sec. 709(c).)
4555	4555	Sec. 1105.204. RELEASE OF LIEN ON REAL PROPERTY OWNED BY
4556	4556	PERSONAL SURETIES. (a) A personal surety who has given a lien
4557	4557	under Section 1105.202 may apply to the court to have the lien
4558	4558	released.
4559	4559	(b) The court shall order the lien released if:
4560	4560	(1) the court is satisfied that the bond is sufficient
4561	4561	without the lien; or
4562	4562	(2) sufficient other real or personal property of the
4563	4563	surety is substituted on the same terms required for the lien that
4564	4564	is to be released.
4565	4565	(c) If the personal surety does not offer a lien on other
4566	4566	substituted property under Subsection (b)(2) and the court is not
4567	4567	satisfied that the bond is sufficient without the substitution of
4568	4568	other property, the court shall order the guardian to appear and
4569	4569	give a new bond.
4570	4570	(d) A certified copy of the court's order releasing the lien
4571	4571	and describing the property that was subject to the lien has the
4572	4572	effect of canceling the lien if the order is filed with the county
4573	4573	clerk and recorded in the deed records of the county in which the
4574	4574	property is located. (Tex. Prob. Code, Secs. 719, 720.)
4575	4575	[Sections 1105.205-1105.250 reserved for expansion]
4576	4576	SUBCHAPTER F. NEW BONDS
4577	4577	Sec. 1105.251. GROUNDS FOR REQUIRING NEW BOND. (a) A
4578	4578	guardian may be required to give a new bond if:
4579	4579	(1) a surety on a bond dies, removes beyond the limits
4580	4580	of this state, or becomes insolvent;
4581	4581	(2) in the court's opinion:
4582	4582	(A) the sureties on a bond are insufficient; or
4583	4583	(B) a bond is defective;
4584	4584	(3) the amount of a bond is insufficient;
4585	4585	(4) a surety on a bond petitions the court to be
4586	4586	discharged from future liability on the bond; or
4587	4587	(5) a bond and the record of the bond have been lost or
4588	4588	destroyed.
4589	4589	(b) A person interested in the guardianship may have the
4590	4590	guardian cited to appear and show cause why the guardian should not
4591	4591	be required to give a new bond by filing a written application with
4592	4592	the county clerk of the county in which the guardianship proceeding
4593	4593	is pending. The application must allege that:
4594	4594	(1) the bond is insufficient or defective; or
4595	4595	(2) the bond and the record of the bond have been lost
4596	4596	or destroyed. (Tex. Prob. Code, Secs. 711, 712.)
4597	4597	Sec. 1105.252. COURT ORDER OR CITATION ON NEW BOND. (a)
4598	4598	When a judge is made aware that a bond is insufficient or that a bond
4599	4599	and the record of the bond have been lost or destroyed, the judge
4600	4600	shall:
4601	4601	(1) without delay and without notice enter an order
4602	4602	requiring the guardian to give a new bond; or
4603	4603	(2) without delay have the guardian cited to show
4604	4604	cause why the guardian should not be required to give a new bond.
4605	4605	(b) An order entered under Subsection (a)(1) must state:
4606	4606	(1) the reasons for requiring a new bond;
4607	4607	(2) the amount of the new bond; and
4608	4608	(3) the period within which the new bond must be given,
4609	4609	which may not expire earlier than the 10th day after the date of the
4610	4610	order.
4611	4611	(c) A guardian who opposes an order entered under Subsection
4612	4612	(a)(1) may demand a hearing on the order. The hearing must be held
4613	4613	before the expiration of the period within which the new bond must
4614	4614	be given. (Tex. Prob. Code, Secs. 713, 714(a).)
4615	4615	Sec. 1105.253. SHOW CAUSE HEARING ON NEW BOND REQUIREMENT.
4616	4616	(a) On the return of a citation ordering a guardian to show cause
4617	4617	why the guardian should not be required to give a new bond, the
4618	4618	judge shall, on the date specified in the return of citation for the
4619	4619	hearing of the matter, inquire into the sufficiency of the reasons
4620	4620	for requiring a new bond.
4621	4621	(b) If the judge is satisfied that a new bond should be
4622	4622	required, the judge shall enter an order requiring a new bond. The
4623	4623	order must state:
4624	4624	(1) the amount of the new bond; and
4625	4625	(2) the period within which the new bond must be given,
4626	4626	which may not expire later than the 20th day after the date of the
4627	4627	order. (Tex. Prob. Code, Sec. 714(b).)
4628	4628	Sec. 1105.254. EFFECT OF ORDER REQUIRING NEW BOND. (a) An
4629	4629	order requiring a guardian to give a new bond has the effect of
4630	4630	suspending the guardian's powers.
4631	4631	(b) After the order is entered, the guardian may not pay out
4632	4632	any of the guardianship's money or take any other official action,
4633	4633	except to preserve the guardianship's property, until the new bond
4634	4634	is given and approved. (Tex. Prob. Code, Sec. 715.)
4635	4635	Sec. 1105.255. NEW BOND IN DECREASED AMOUNT. (a) A
4636	4636	guardian required to give a bond may at any time file with the clerk
4637	4637	a written application requesting that the court reduce the amount
4638	4638	of the bond.
4639	4639	(b) After the guardian files an application under
4640	4640	Subsection (a), the clerk shall issue and have posted notice to all
4641	4641	persons interested in the estate and to a surety on the bond. The
4642	4642	notice must inform the interested persons and surety of:
4643	4643	(1) the fact that the application has been filed;
4644	4644	(2) the nature of the application; and
4645	4645	(3) the time the judge will hear the application.
4646	4646	(c) The judge may permit the filing of a new bond in a
4647	4647	reduced amount if:
4648	4648	(1) proof is submitted that a bond in an amount less
4649	4649	than the bond in effect will be adequate to meet the requirements of
4650	4650	law and protect the guardianship; and
4651	4651	(2) the judge approves an accounting filed at the time
4652	4652	of the application. (Tex. Prob. Code, Sec. 716.)
4653	4653	Sec. 1105.256. REQUEST BY SURETY FOR NEW BOND. (a) A
4654	4654	surety on a guardian's bond may at any time file with the clerk a
4655	4655	petition requesting that the court in which the proceeding is
4656	4656	pending:
4657	4657	(1) require the guardian to give a new bond; and
4658	4658	(2) discharge the petitioner from all liability for
4659	4659	the future acts of the guardian.
4660	4660	(b) If a petition is filed under Subsection (a), the
4661	4661	guardian shall be cited to appear and give a new bond. (Tex. Prob.
4662	4662	Code, Sec. 718.)
4663	4663	Sec. 1105.257. DISCHARGE OF FORMER SURETIES ON APPROVAL OF
4664	4664	NEW BOND. When a new bond has been given and approved, the judge
4665	4665	shall enter an order discharging the sureties on the former bond
4666	4666	from all liability for the future acts of the principal on the bond. (Tex. Prob. Code, Sec. 717.)
4667	4667	CHAPTER 1106. LETTERS OF GUARDIANSHIP
4668	4668	Sec. 1106.001. ISSUANCE OF CERTIFICATE AS LETTERS OF
4669	4669	GUARDIANSHIP
4670	4670	Sec. 1106.002. EXPIRATION OF LETTERS OF GUARDIANSHIP
4671	4671	Sec. 1106.003. RENEWAL OF LETTERS OF GUARDIANSHIP
4672	4672	Sec. 1106.004. REPLACEMENT AND OTHER ADDITIONAL
4673	4673	LETTERS OF GUARDIANSHIP
4674	4674	Sec. 1106.005. EFFECT OF LETTERS OR CERTIFICATE
4675	4675	Sec. 1106.006. VALIDATION OF CERTAIN LETTERS OF
4676	4676	GUARDIANSHIP
4677	4677	CHAPTER 1106. LETTERS OF GUARDIANSHIP
4678	4678	Sec. 1106.001. ISSUANCE OF CERTIFICATE AS LETTERS OF
4679	4679	GUARDIANSHIP. (a) When a person who is appointed guardian has
4680	4680	qualified under Section 1105.002, the clerk shall issue to the
4681	4681	guardian a certificate under seal stating:
4682	4682	(1) the fact of the appointment and of the
4683	4683	qualification;
4684	4684	(2) the date of the appointment and of the
4685	4685	qualification; and
4686	4686	(3) the date the letters of guardianship expire.
4687	4687	(b) The certificate issued by the clerk under Subsection (a)
4688	4688	constitutes letters of guardianship. (Tex. Prob. Code, Sec.
4689	4689	659(a).)
4690	4690	Sec. 1106.002. EXPIRATION OF LETTERS OF GUARDIANSHIP.
4691	4691	Letters of guardianship expire one year and four months after the
4692	4692	date the letters are issued, unless renewed. (Tex. Prob. Code, Sec.
4693	4693	659(b).)
4694	4694	Sec. 1106.003. RENEWAL OF LETTERS OF GUARDIANSHIP. (a) The
4695	4695	clerk may not renew letters of guardianship relating to the
4696	4696	appointment of a guardian of the estate until the court receives and
4697	4697	approves the guardian's annual account.
4698	4698	(b) The clerk may not renew letters of guardianship relating
4699	4699	to the appointment of a guardian of the person until the court
4700	4700	receives and approves the guardian's annual report.
4701	4701	(c) If a guardian's annual account or annual report is
4702	4702	disapproved or is not timely filed, the clerk may not issue further
4703	4703	letters of guardianship to the delinquent guardian unless ordered
4704	4704	by the court.
4705	4705	(d) Except as otherwise provided by this subsection,
4706	4706	regardless of the date the court approves an annual account or
4707	4707	annual report for purposes of this section, a renewal of letters of
4708	4708	guardianship relates back to the date the original letters were
4709	4709	issued. If the accounting period has been changed as provided by
4710	4710	this title, a renewal relates back to the first day of the
4711	4711	accounting period. (Tex. Prob. Code, Secs. 659(c), (d).)
4712	4712	Sec. 1106.004. REPLACEMENT AND OTHER ADDITIONAL LETTERS OF
4713	4713	GUARDIANSHIP. When letters of guardianship have been destroyed or
4714	4714	lost, the clerk shall issue new letters that have the same effect as
4715	4715	the original letters. The clerk shall also issue any number of
4716	4716	letters on request of the person who holds the letters. (Tex. Prob.
4717	4717	Code, Sec. 661.)
4718	4718	Sec. 1106.005. EFFECT OF LETTERS OR CERTIFICATE. (a)
4719	4719	Letters of guardianship or a certificate issued under Section
4720	4720	1106.001 under seal of the clerk of the court that granted the
4721	4721	letters is sufficient evidence of:
4722	4722	(1) the appointment and qualification of the guardian;
4723	4723	and
4724	4724	(2) the date of qualification.
4725	4725	(b) The court order that appoints the guardian is evidence
4726	4726	of the authority granted to the guardian and of the scope of the
4727	4727	powers and duties that the guardian may exercise only after the date
4728	4728	letters of guardianship or a certificate has been issued under
4729	4729	Section 1106.001. (Tex. Prob. Code, Sec. 660.)
4730	4730	Sec. 1106.006. VALIDATION OF CERTAIN LETTERS OF
4731	4731	GUARDIANSHIP. (a) Letters of guardianship existing on September
4732	4732	1, 1993, that were issued to a nonresident guardian without the
4733	4733	procedure or any part of the procedure provided in this chapter, or
4734	4734	without a notice or citation required of a resident guardian, are
4735	4735	validated as of the letters' dates, to the extent that the absence
4736	4736	of the procedure, notice, or citation is concerned. An otherwise
4737	4737	valid conveyance, mineral lease, or other act of a nonresident
4738	4738	guardian qualified and acting in connection with the letters of
4739	4739	guardianship and under supporting orders of a county or probate
4740	4740	court of this state is validated.
4741	4741	(b) This section does not apply to letters of guardianship,
4742	4742	a conveyance, a lease, or another act of a nonresident guardian
4743	4743	under this section if the absence of the procedure, notice, or
4744	4744	citation involving the letters, conveyance, lease, or other act of
4745	4745	the nonresident guardian is an issue in a lawsuit pending in this
4746	4746	state on September 1, 1993. (Tex. Prob. Code, Sec. 663.)
4747	4747	[Chapters 1107-1150 reserved for expansion]
4748	4748	SUBTITLE E. ADMINISTRATION OF GUARDIANSHIP
4749	4749	CHAPTER 1151. RIGHTS, POWERS, AND DUTIES UNDER GUARDIANSHIP
4750	4750	SUBCHAPTER A. RIGHTS, POWERS, AND DUTIES IN GENERAL
4751	4751	Sec. 1151.001. RIGHTS AND POWERS RETAINED BY WARD
4752	4752	Sec. 1151.002. RIGHTS OF GOOD FAITH PURCHASERS
4753	4753	Sec. 1151.003. GUARDIAN MAY NOT DISPUTE WARD'S RIGHT
4754	4754	TO PROPERTY; EXCEPTION
4755	4755	Sec. 1151.004. POWERS AND DUTIES OF PERSON SERVING AS
4756	4756	GUARDIAN OF BOTH PERSON AND ESTATE
4757	4757	[Sections 1151.005-1151.050 reserved for expansion]
4758	4758	SUBCHAPTER B. POWERS AND DUTIES OF GUARDIANS RELATING TO CARE OF
4759	4759	WARD
4760	4760	Sec. 1151.051. GENERAL POWERS AND DUTIES OF GUARDIANS
4761	4761	OF THE PERSON
4762	4762	Sec. 1151.052. CARE OF ADULT WARD
4763	4763	Sec. 1151.053. COMMITMENT OF WARD
4764	4764	Sec. 1151.054. ADMINISTRATION OF MEDICATION
4765	4765	[Sections 1151.055-1151.100 reserved for expansion]
4766	4766	SUBCHAPTER C. GENERAL POWERS AND DUTIES OF GUARDIANS OF THE ESTATE
4767	4767	Sec. 1151.101. GENERAL POWERS AND DUTIES
4768	4768	Sec. 1151.102. EXERCISE OF AUTHORITY UNDER COURT ORDER
4769	4769	Sec. 1151.103. EXERCISE OF AUTHORITY WITHOUT COURT
4770	4770	ORDER
4771	4771	Sec. 1151.104. AUTHORITY TO COMMENCE SUITS
4772	4772	Sec. 1151.105. ORDINARY DILIGENCE REQUIRED
4773	4773	[Sections 1151.106-1151.150 reserved for expansion]
4774	4774	SUBCHAPTER D. POSSESSION AND CARE OF WARD'S PROPERTY BY GUARDIAN OF
4775	4775	THE ESTATE
4776	4776	Sec. 1151.151. DUTY OF CARE
4777	4777	Sec. 1151.152. POSSESSION OF PERSONAL PROPERTY AND
4778	4778	RECORDS
4779	4779	Sec. 1151.153. POSSESSION OF PROPERTY HELD IN COMMON
4780	4780	OWNERSHIP
4781	4781	Sec. 1151.154. ADMINISTRATION OF PARTNERSHIP INTEREST
4782	4782	Sec. 1151.155. OPERATION OR RENTAL OF FARM, RANCH,
4783	4783	FACTORY, OR OTHER BUSINESS
4784	4784	[Sections 1151.156-1151.200 reserved for expansion]
4785	4785	SUBCHAPTER E. AUTHORITY OF GUARDIAN TO ENGAGE IN CERTAIN BORROWING
4786	4786	Sec. 1151.201. MORTGAGE OR PLEDGE OF ESTATE PROPERTY
4787	4787	AUTHORIZED IN CERTAIN CIRCUMSTANCES
4788	4788	Sec. 1151.202. APPLICATION; ORDER
4789	4789	Sec. 1151.203. TERM OF LOAN OR RENEWAL
4790	4790	[Sections 1151.204-1151.250 reserved for expansion]
4791	4791	SUBCHAPTER F. GUARDIANS APPOINTED FOR WARD TO RECEIVE GOVERNMENT
4792	4792	FUNDS
4793	4793	Sec. 1151.251. POWERS AND DUTIES OF GUARDIAN APPOINTED
4794	4794	AS NECESSARY FOR WARD TO RECEIVE
4795	4795	GOVERNMENT FUNDS
4796	4796	Sec. 1151.252. VALIDATION OF CERTAIN PRIOR ACTS OF
4797	4797	GUARDIAN
4798	4798	[Sections 1151.253-1151.300 reserved for expansion]
4799	4799	SUBCHAPTER G. NOTICE BY GUARDIAN TO DEPARTMENT OF VETERANS AFFAIRS
4800	4800	Sec. 1151.301. NOTICE OF FILING REQUIRED; HEARING DATE
4801	4801	CHAPTER 1151. RIGHTS, POWERS, AND DUTIES UNDER GUARDIANSHIP
4802	4802	SUBCHAPTER A. RIGHTS, POWERS, AND DUTIES IN GENERAL
4803	4803	Sec. 1151.001. RIGHTS AND POWERS RETAINED BY WARD. An
4804	4804	incapacitated person for whom a guardian is appointed retains all
4805	4805	legal and civil rights and powers except those designated by court
4806	4806	order as legal disabilities by virtue of having been specifically
4807	4807	granted to the guardian. (Tex. Prob. Code, Sec. 675.)
4808	4808	Sec. 1151.002. RIGHTS OF GOOD FAITH PURCHASERS. (a) This
4809	4809	section applies only to a guardian who has qualified acting as
4810	4810	guardian and in conformity with the law and the guardian's
4811	4811	authority.
4812	4812	(b) A guardian's act is valid for all purposes regarding the
4813	4813	rights of an innocent purchaser of property of the guardianship
4814	4814	estate who purchased the property from the guardian for valuable
4815	4815	consideration, in good faith, and without notice of any illegality
4816	4816	in the title to the property, regardless of whether the guardian's
4817	4817	act or the authority under which the act was performed is
4818	4818	subsequently set aside, annulled, or declared invalid. (Tex. Prob.
4819	4819	Code, Sec. 662.)
4820	4820	Sec. 1151.003. GUARDIAN MAY NOT DISPUTE WARD'S RIGHT TO
4821	4821	PROPERTY; EXCEPTION. A guardian, or an heir, executor,
4822	4822	administrator, or assignee of a guardian, may not dispute the right
4823	4823	of the ward to any property that came into the guardian's possession
4824	4824	as guardian of the ward, except property:
4825	4825	(1) that is recovered from the guardian; or
4826	4826	(2) on which there is a personal action pending. (Tex.
4827	4827	Prob. Code, Sec. 778.)
4828	4828	Sec. 1151.004. POWERS AND DUTIES OF PERSON SERVING AS
4829	4829	GUARDIAN OF BOTH PERSON AND ESTATE. The guardian of both the person
4830	4830	and the estate of a ward has all the rights and powers and shall
4831	4831	perform all the duties of the guardian of the person and the
4832	4832	guardian of the estate. (Tex. Prob. Code, Sec. 769.)
4833	4833	[Sections 1151.005-1151.050 reserved for expansion]
4834	4834	SUBCHAPTER B. POWERS AND DUTIES OF GUARDIANS RELATING TO CARE OF
4835	4835	WARD
4836	4836	Sec. 1151.051. GENERAL POWERS AND DUTIES OF GUARDIANS OF
4837	4837	THE PERSON. (a) The guardian of the person of a ward is entitled
4838	4838	to take charge of the person of the ward.
4839	4839	(b) The duties of the guardian of the person correspond with
4840	4840	the rights of the guardian.
4841	4841	(c) A guardian of the person has:
4842	4842	(1) the right to have physical possession of the ward
4843	4843	and to establish the ward's legal domicile;
4844	4844	(2) the duty to provide care, supervision, and
4845	4845	protection for the ward;
4846	4846	(3) the duty to provide the ward with clothing, food,
4847	4847	medical care, and shelter;
4848	4848	(4) the power to consent to medical, psychiatric, and
4849	4849	surgical treatment other than the inpatient psychiatric commitment
4850	4850	of the ward; and
4851	4851	(5) on application to and order of the court, the power
4852	4852	to establish a trust in accordance with 42 U.S.C. Section
4853	4853	1396p(d)(4)(B) and direct that the income of the ward as defined by
4854	4854	that section be paid directly to the trust, solely for the purpose
4855	4855	of the ward's eligibility for medical assistance under Chapter 32,
4856	4856	Human Resources Code.
4857	4857	(d) Notwithstanding Subsection (c)(4), a guardian of the
4858	4858	person of a ward has the power to personally transport the ward or
4859	4859	to direct the ward's transport by emergency medical services or
4860	4860	other means to an inpatient mental health facility for a
4861	4861	preliminary examination in accordance with Subchapters A and C,
4862	4862	Chapter 573, Health and Safety Code. (Tex. Prob. Code, Sec. 767.)
4863	4863	Sec. 1151.052. CARE OF ADULT WARD. (a) The guardian of an
4864	4864	adult ward may spend funds of the guardianship as provided by court
4865	4865	order to care for and maintain the ward.
4866	4866	(b) The guardian of an adult ward who has decision-making
4867	4867	ability may apply on the ward's behalf for residential care and
4868	4868	services provided by a public or private facility if the ward agrees
4869	4869	to be placed in the facility. The guardian shall report the
4870	4870	condition of the ward to the court at regular intervals at least
4871	4871	annually, unless the court orders more frequent reports. The
4872	4872	guardian shall include in a report of an adult ward who is receiving
4873	4873	residential care in a public or private residential care facility a
4874	4874	statement as to the necessity for continued care in the facility.
4875	4875	(Tex. Prob. Code, Sec. 770(a).)
4876	4876	Sec. 1151.053. COMMITMENT OF WARD. (a) Except as provided
4877	4877	by Subsection (b) or (c), a guardian may not voluntarily admit a
4878	4878	ward to a public or private inpatient psychiatric facility operated
4879	4879	by the Department of State Health Services for care and treatment or
4880	4880	to a residential facility operated by the Department of Aging and
4881	4881	Disability Services for care and treatment. If care and treatment
4882	4882	in a psychiatric or residential facility is necessary, the ward or
4883	4883	the ward's guardian may:
4884	4884	(1) apply for services under Section 593.027 or
4885	4885	593.028, Health and Safety Code;
4886	4886	(2) apply to a court to commit the person under
4887	4887	Subtitle C or D, Title 7, Health and Safety Code, or Chapter 462,
4888	4888	Health and Safety Code; or
4889	4889	(3) transport the ward to an inpatient mental health
4890	4890	facility for a preliminary examination in accordance with
4891	4891	Subchapters A and C, Chapter 573, Health and Safety Code.
4892	4892	(b) A guardian of a person younger than 16 years of age may
4893	4893	voluntarily admit an incapacitated person to a public or private
4894	4894	inpatient psychiatric facility for care and treatment.
4895	4895	(c) A guardian of a person may voluntarily admit an
4896	4896	incapacitated person to a residential care facility for emergency
4897	4897	care or respite care under Section 593.027 or 593.028, Health and
4898	4898	Safety Code. (Tex. Prob. Code, Secs. 770(b), (c), (d).)
4899	4899	Sec. 1151.054. ADMINISTRATION OF MEDICATION. (a) In this
4900	4900	section, "psychoactive medication" has the meaning assigned by
4901	4901	Section 574.101, Health and Safety Code.
4902	4902	(b) The guardian of the person of a ward who is not a minor
4903	4903	and who is under a protective custody order as provided by
4904	4904	Subchapter B, Chapter 574, Health and Safety Code, may consent to
4905	4905	the administration of psychoactive medication as prescribed by the
4906	4906	ward's treating physician regardless of the ward's expressed
4907	4907	preferences regarding treatment with psychoactive medication.
4908	4908	(Tex. Prob. Code, Sec. 770A.)
4909	4909	[Sections 1151.055-1151.100 reserved for expansion]
4910	4910	SUBCHAPTER C. GENERAL POWERS AND DUTIES OF GUARDIANS OF THE ESTATE
4911	4911	Sec. 1151.101. GENERAL POWERS AND DUTIES. (a) Subject to
4912	4912	Subsection (b), the guardian of the estate of a ward is entitled to:
4913	4913	(1) possess and manage all property belonging to the
4914	4914	ward;
4915	4915	(2) collect all debts, rentals, or claims that are due
4916	4916	to the ward;
4917	4917	(3) enforce all obligations in favor of the ward; and
4918	4918	(4) bring and defend suits by or against the ward.
4919	4919	(b) In the management of a ward's estate, the guardian of
4920	4920	the estate is governed by the provisions of this title. (Tex. Prob.
4921	4921	Code, Sec. 768 (part).)
4922	4922	Sec. 1151.102. EXERCISE OF AUTHORITY UNDER COURT ORDER.
4923	4923	(a) The guardian of the estate may renew or extend any obligation
4924	4924	owed by or to the ward on application and if authorized by order.
4925	4925	(b) On written application to the court, a guardian of the
4926	4926	estate may take an action described by Subsection (c) if:
4927	4927	(1) the guardian considers the action in the best
4928	4928	interests of the estate; and
4929	4929	(2) the action is authorized by court order.
4930	4930	(c) A guardian of the estate who complies with Subsection
4931	4931	(b) may:
4932	4932	(1) purchase or exchange property;
4933	4933	(2) take a claim or property for the use and benefit of
4934	4934	the estate in payment of a debt due or owing to the estate;
4935	4935	(3) compound a bad or doubtful debt due or owing to the
4936	4936	estate;
4937	4937	(4) make a compromise or a settlement in relation to
4938	4938	property or a claim in dispute or litigation;
4939	4939	(5) compromise or pay in full any secured claim that
4940	4940	has been allowed and approved as required by law against the estate
4941	4941	by conveying to the holder of the secured claim the real estate or
4942	4942	personal property securing the claim:
4943	4943	(A) in full payment, liquidation, and
4944	4944	satisfaction of the claim; and
4945	4945	(B) in consideration of cancellation of a note,
4946	4946	deed of trust, mortgage, chattel mortgage, or other evidence of a
4947	4947	lien that secures the payment of the claim;
4948	4948	(6) abandon worthless or burdensome property and the
4949	4949	administration of that property;
4950	4950	(7) purchase a prepaid funeral benefits contract; and
4951	4951	(8) establish a trust in accordance with 42 U.S.C.
4952	4952	Section 1396p(d)(4)(B), and direct that the income of the ward as
4953	4953	defined by that section be paid directly to the trust, solely for
4954	4954	the purpose of the ward's eligibility for medical assistance under
4955	4955	Chapter 32, Human Resources Code.
4956	4956	(d) A mortgagee, another secured party, or a trustee may
4957	4957	foreclose on property abandoned under Subsection (c)(6) without
4958	4958	further court order. (Tex. Prob. Code, Sec. 774(a).)
4959	4959	Sec. 1151.103. EXERCISE OF AUTHORITY WITHOUT COURT ORDER.
4960	4960	(a) The guardian of the estate of a ward may, without application to
4961	4961	or order of the court:
4962	4962	(1) release a lien on payment at maturity of the debt
4963	4963	secured by the lien;
4964	4964	(2) vote stocks by limited or general proxy;
4965	4965	(3) pay calls and assessments;
4966	4966	(4) insure the estate against liability in appropriate
4967	4967	cases;
4968	4968	(5) insure estate property against fire, theft, and
4969	4969	other hazards; and
4970	4970	(6) pay taxes, court costs, and bond premiums.
4971	4971	(b) A guardian of the estate may apply and obtain a court
4972	4972	order if the guardian doubts the propriety of the exercise of any
4973	4973	power listed in Subsection (a). (Tex. Prob. Code, Sec. 774(b).)
4974	4974	Sec. 1151.104. AUTHORITY TO COMMENCE SUITS. (a) The
4975	4975	guardian of the estate of a ward appointed in this state may
4976	4976	commence a suit for:
4977	4977	(1) the recovery of personal property, debts, or
4978	4978	damages; or
4979	4979	(2) title to or possession of land, any right attached
4980	4980	to or arising from that land, or injury or damage done.
4981	4981	(b) A judgment in a suit described by Subsection (a) is
4982	4982	conclusive, but may be set aside by any person interested for fraud
4983	4983	or collusion on the guardian's part. (Tex. Prob. Code, Sec. 773.)
4984	4984	Sec. 1151.105. ORDINARY DILIGENCE REQUIRED. (a) If there
4985	4985	is a reasonable prospect of collecting the claims or recovering the
4986	4986	property, the guardian of the estate shall use ordinary diligence
4987	4987	to:
4988	4988	(1) collect all claims and debts due the ward; and
4989	4989	(2) recover possession of all property to which the
4990	4990	ward has claim or title.
4991	4991	(b) If the guardian wilfully neglects to use ordinary
4992	4992	diligence, the guardian and the sureties on the guardian's bond are
4993	4993	liable, on the suit of any person interested in the estate, for the
4994	4994	use of the estate, the amount of the claims, or the value of the
4995	4995	property that has been lost due to the guardian's neglect. (Tex.
4996	4996	Prob. Code, Sec. 772.)
4997	4997	[Sections 1151.106-1151.150 reserved for expansion]
4998	4998	SUBCHAPTER D. POSSESSION AND CARE OF WARD'S PROPERTY BY GUARDIAN OF
4999	4999	THE ESTATE
5000	5000	Sec. 1151.151. DUTY OF CARE. (a) The guardian of the
5001	5001	estate shall take care of and manage the estate as a prudent person
5002	5002	would manage the person's own property, except as otherwise
5003	5003	provided by this title.
5004	5004	(b) The guardian of the estate shall account for all rents,
5005	5005	profits, and revenues that the estate would have produced by
5006	5006	prudent management as required by Subsection (a). (Tex. Prob.
5007	5007	Code, Sec. 768 (part).)
5008	5008	Sec. 1151.152. POSSESSION OF PERSONAL PROPERTY AND RECORDS.
5009	5009	(a) Immediately after receiving letters of guardianship, the
5010	5010	guardian of the estate shall collect and take possession of the
5011	5011	ward's personal property, record books, title papers, and other
5012	5012	business papers.
5013	5013	(b) The guardian of the estate shall deliver the ward's
5014	5014	personal property, record books, title papers, and other business
5015	5015	papers to a person legally entitled to that property when:
5016	5016	(1) the guardianship has been closed; or
5017	5017	(2) a successor guardian has received letters of
5018	5018	guardianship. (Tex. Prob. Code, Sec. 771.)
5019	5019	Sec. 1151.153. POSSESSION OF PROPERTY HELD IN COMMON
5020	5020	OWNERSHIP. The guardian of the estate is entitled to possession of
5021	5021	a ward's property held or owned in common with a part owner in the
5022	5022	same manner as another owner in common or joint owner is entitled.
5023	5023	(Tex. Prob. Code, Sec. 775.)
5024	5024	Sec. 1151.154. ADMINISTRATION OF PARTNERSHIP INTEREST. (a)
5025	5025	This section applies only to a general partnership governed by a
5026	5026	partnership agreement or articles of partnership that provide that,
5027	5027	on the incapacity of a partner, the guardian of the estate of the
5028	5028	partner is entitled to the place of the incapacitated partner in the
5029	5029	partnership.
5030	5030	(b) If a ward was a partner in a general partnership, the
5031	5031	guardian who contracts to come into the partnership is, to the
5032	5032	extent allowed by law, liable to a third person only to the extent
5033	5033	of:
5034	5034	(1) the incapacitated partner's capital in the
5035	5035	partnership; and
5036	5036	(2) the assets of the incapacitated partner's estate
5037	5037	that are held by the guardian.
5038	5038	(c) This section does not exonerate a guardian from
5039	5039	liability for the guardian's negligence. (Tex. Prob. Code, Sec.
5040	5040	780.)
5041	5041	Sec. 1151.155. OPERATION OR RENTAL OF FARM, RANCH, FACTORY,
5042	5042	OR OTHER BUSINESS. (a) If the ward owns a farm, ranch, factory, or
5043	5043	other business that is not required to be immediately sold for the
5044	5044	payment of a debt or other lawful purpose, the guardian of the
5045	5045	estate on order of the court shall, as it appears to be in the
5046	5046	estate's best interests:
5047	5047	(1) continue to operate, or cause the continued
5048	5048	operation of, the farm, ranch, factory, or other business; or
5049	5049	(2) rent the farm, ranch, factory, or other business.
5050	5050	(b) In deciding whether to issue an order under Subsection
5051	5051	(a), the court:
5052	5052	(1) shall consider:
5053	5053	(A) the condition of the estate; and
5054	5054	(B) the necessity that may exist for the future
5055	5055	sale of the property or business for the payment of a debt, claim,
5056	5056	or other lawful expenditure; and
5057	5057	(2) may not extend the time of renting any of the
5058	5058	property beyond what appears consistent with the maintenance and
5059	5059	education of a ward or the settlement of the ward's estate. (Tex.
5060	5060	Prob. Code, Sec. 779.)
5061	5061	[Sections 1151.156-1151.200 reserved for expansion]
5062	5062	SUBCHAPTER E. AUTHORITY OF GUARDIAN TO ENGAGE IN CERTAIN BORROWING
5063	5063	Sec. 1151.201. MORTGAGE OR PLEDGE OF ESTATE PROPERTY
5064	5064	AUTHORIZED IN CERTAIN CIRCUMSTANCES. (a) Under court order, the
5065	5065	guardian may mortgage or pledge any property of a guardianship
5066	5066	estate by deed of trust or otherwise as security for an indebtedness
5067	5067	when necessary for:
5068	5068	(1) the payment of any ad valorem, income, gift, or
5069	5069	transfer tax due from a ward, regardless of whether the tax is
5070	5070	assessed by a state, a political subdivision of the state, the
5071	5071	federal government, or a foreign country;
5072	5072	(2) the payment of any expense of administration,
5073	5073	including amounts necessary for the operation of a business, farm,
5074	5074	or ranch owned by the estate;
5075	5075	(3) the payment of any claim allowed and approved, or
5076	5076	established by suit, against the ward or the ward's estate;
5077	5077	(4) the renewal and extension of an existing lien;
5078	5078	(5) an improvement or repair to the ward's real estate
5079	5079	if:
5080	5080	(A) the real estate is not revenue producing but
5081	5081	could be made revenue producing by certain improvements and
5082	5082	repairs; or
5083	5083	(B) the revenue from the real estate could be
5084	5084	increased by making improvements or repairs to the real estate;
5085	5085	(6) the purchase of a residence for the ward or a
5086	5086	dependent of the ward, if the court finds that borrowing money for
5087	5087	that purpose is in the ward's best interests; and
5088	5088	(7) funeral expenses of the ward and expenses of the
5089	5089	ward's last illness, if the guardianship is kept open after the
5090	5090	ward's death.
5091	5091	(b) Under court order, the guardian of the estate may also
5092	5092	receive an extension of credit on the ward's behalf that is wholly
5093	5093	or partly secured by a lien on real property that is the ward's
5094	5094	homestead when necessary to:
5095	5095	(1) make an improvement or repair to the homestead; or
5096	5096	(2) pay for the ward's education or medical expenses.
5097	5097	(c) Proceeds of a home equity loan described by Subsection
5098	5098	(b) may be used only for the purposes authorized under Subsection
5099	5099	(b) and to pay the outstanding balance of the loan. (Tex. Prob.
5100	5100	Code, Secs. 781(a), (a-1), (a-2).)
5101	5101	Sec. 1151.202. APPLICATION; ORDER. (a) The guardian of the
5102	5102	estate must file a sworn application with the court for authority
5103	5103	to:
5104	5104	(1) borrow money for a purpose authorized by Section
5105	5105	1151.201(a) or (b); or
5106	5106	(2) create or extend a lien on estate property as
5107	5107	security.
5108	5108	(b) The application must state fully and in detail the
5109	5109	circumstances that the guardian of the estate believes make the
5110	5110	granting of the authority necessary.
5111	5111	(c) On the filing of an application under Subsection (a),
5112	5112	the clerk shall issue and have posted a citation to all interested
5113	5113	persons stating the nature of the application and requiring the
5114	5114	interested persons to appear and show cause why the application
5115	5115	should not be granted.
5116	5116	(d) If the court is satisfied by the evidence presented at
5117	5117	the hearing on an application filed under Subsection (a) that it is
5118	5118	in the interest of the ward or the ward's estate to borrow money or
5119	5119	to extend and renew an existing lien, the court shall issue an order
5120	5120	to that effect, setting out the terms of the authority granted.
5121	5121	(e) If a new lien is created on guardianship estate
5122	5122	property, the court may require, for the protection of the
5123	5123	guardianship estate and the estate's creditors, that the guardian's
5124	5124	general bond be increased or an additional bond be given, as for the
5125	5125	sale of real property belonging to the estate. (Tex. Prob. Code,
5126	5126	Secs. 781(b), (c) (part).)
5127	5127	Sec. 1151.203. TERM OF LOAN OR RENEWAL. The term of a loan
5128	5128	or renewal authorized under Section 1151.202 must be for the length
5129	5129	of time that the court determines to be in the best interests of the
5130	5130	ward or the ward's estate. (Tex. Prob. Code, Sec. 781(c) (part).)
5131	5131	[Sections 1151.204-1151.250 reserved for expansion]
5132	5132	SUBCHAPTER F. GUARDIANS APPOINTED FOR WARD TO RECEIVE GOVERNMENT
5133	5133	FUNDS
5134	5134	Sec. 1151.251. POWERS AND DUTIES OF GUARDIAN APPOINTED AS
5135	5135	NECESSARY FOR WARD TO RECEIVE GOVERNMENT FUNDS. (a) A guardian of
5136	5136	the person for whom it is necessary to have a guardian appointed to
5137	5137	receive funds from a governmental source may:
5138	5138	(1) administer only:
5139	5139	(A) the funds received from the governmental
5140	5140	source;
5141	5141	(B) all earnings, interest, or profits derived
5142	5142	from the funds; and
5143	5143	(C) all property acquired with the funds; and
5144	5144	(2) receive the funds and pay the expenses of
5145	5145	administering the guardianship and the expenses for the support,
5146	5146	maintenance, or education of the ward or the ward's dependents.
5147	5147	(b) Expenditures under Subsection (a)(2) for the support,
5148	5148	maintenance, or education of the ward or the ward's dependents may
5149	5149	not exceed $12,000 during any 12-month period without the court's
5150	5150	approval. (Tex. Prob. Code, Sec. 782(a).)
5151	5151	Sec. 1151.252. VALIDATION OF CERTAIN PRIOR ACTS OF
5152	5152	GUARDIAN. An act performed before September 1, 1993, by a guardian
5153	5153	of the estate of a person for whom it is necessary to have a guardian
5154	5154	appointed to receive and disburse funds that are due the person from
5155	5155	a governmental source is validated if the act was performed in
5156	5156	conformance with an order of a court that has venue with respect to
5157	5157	the support, maintenance, and education of the ward or the ward's
5158	5158	dependents and the investment of surplus funds of the ward under
5159	5159	this title and if the validity of the act was not an issue in a
5160	5160	probate proceeding or civil lawsuit that was pending on September
5161	5161	1, 1993. (Tex. Prob. Code, Sec. 782(b).)
5162	5162	[Sections 1151.253-1151.300 reserved for expansion]
5163	5163	SUBCHAPTER G. NOTICE BY GUARDIAN TO DEPARTMENT OF VETERANS AFFAIRS
5164	5164	Sec. 1151.301. NOTICE OF FILING REQUIRED; HEARING DATE.
5165	5165	(a) This section applies only to:
5166	5166	(1) a filing by a guardian whose ward is a beneficiary
5167	5167	of the Department of Veterans Affairs of:
5168	5168	(A) an annual or other account of funds; or
5169	5169	(B) an application for the expenditure or
5170	5170	investment of funds; or
5171	5171	(2) a filing of a claim against the estate of a ward
5172	5172	who is a beneficiary of the Department of Veterans Affairs.
5173	5173	(b) The court shall set a date for a hearing of a matter
5174	5174	initiated by a filing to which this section applies not earlier than
5175	5175	20 days from the date of the filing.
5176	5176	(c) Not later than the fifth day after the date of a filing
5177	5177	to which this section applies, the person who makes the filing shall
5178	5178	give notice of the date of the filing by mailing a certified copy of
5179	5179	the filing to the office of the Department of Veterans Affairs in
5180	5180	whose territory the court is located.
5181	5181	(d) An office of the Department of Veterans Affairs through
5182	5182	its attorney may waive the service of notice or the time required
5183	5183	for setting a hearing under this section. (Tex. Prob. Code, Sec.
5184	5184	636.)
5185	5185	CHAPTER 1152. GUARDIANSHIP PENDING APPEAL OF APPOINTMENT
5186	5186	Sec. 1152.001. GUARDIAN TO SERVE PENDING APPEAL OF
5187	5187	APPOINTMENT
5188	5188	Sec. 1152.002. APPEAL BOND
5189	5189	CHAPTER 1152. GUARDIANSHIP PENDING APPEAL OF APPOINTMENT
5190	5190	Sec. 1152.001. GUARDIAN TO SERVE PENDING APPEAL OF
5191	5191	APPOINTMENT. Pending an appeal from an order or judgment
5192	5192	appointing a guardian, the appointee shall continue to:
5193	5193	(1) act as guardian; and
5194	5194	(2) prosecute a pending suit in favor of the
5195	5195	guardianship. (Tex. Prob. Code, Sec. 655.)
5196	5196	Sec. 1152.002. APPEAL BOND. (a) Except as provided by
5197	5197	Subsection (b), if a guardian appeals, an appeal bond is not
5198	5198	required.
5199	5199	(b) A guardian must give an appeal bond if the appeal
5200	5200	personally concerns the guardian. (Tex. Prob. Code, Sec. 656.)
5201	5201	CHAPTER 1153. NOTICE TO CLAIMANTS
5202	5202	Sec. 1153.001. REQUIRED NOTICE REGARDING PRESENTMENT
5203	5203	OF CLAIMS IN GENERAL
5204	5204	Sec. 1153.002. PROOF OF PUBLICATION
5205	5205	Sec. 1153.003. REQUIRED NOTICE TO CERTAIN CLAIMANTS
5206	5206	Sec. 1153.004. PERMISSIVE NOTICE TO UNSECURED CREDITOR
5207	5207	REGARDING PERIOD FOR PRESENTMENT OF
5208	5208	CLAIM
5209	5209	Sec. 1153.005. ONE NOTICE SUFFICIENT; LIABILITY FOR
5210	5210	FAILURE TO GIVE REQUIRED NOTICE
5211	5211	CHAPTER 1153. NOTICE TO CLAIMANTS
5212	5212	Sec. 1153.001. REQUIRED NOTICE REGARDING PRESENTMENT OF
5213	5213	CLAIMS IN GENERAL. (a) Within one month after receiving letters of
5214	5214	guardianship, a guardian of an estate shall provide notice
5215	5215	requiring each person who has a claim against the estate to present
5216	5216	the claim within the period prescribed by law. The notice must be:
5217	5217	(1) published in a newspaper printed in the county in
5218	5218	which the letters were issued; and
5219	5219	(2) sent to the comptroller by certified or registered
5220	5220	mail, if the ward remitted or should have remitted taxes
5221	5221	administered by the comptroller.
5222	5222	(b) Notice provided under Subsection (a) must include:
5223	5223	(1) the date the letters of guardianship were issued
5224	5224	to the guardian of the estate;
5225	5225	(2) the address to which a claim may be presented; and
5226	5226	(3) an instruction of the guardian's choice that the
5227	5227	claim be addressed in care of:
5228	5228	(A) the guardian;
5229	5229	(B) the guardian's attorney; or
5230	5230	(C) "Guardian, Estate of ____________" (naming
5231	5231	the estate).
5232	5232	(c) If a newspaper is not printed in the county in which the
5233	5233	letters of guardianship were issued, the notice must be posted and
5234	5234	the return made and filed as otherwise required by this title. (Tex.
5235	5235	Prob. Code, Secs. 783(a), (c).)
5236	5236	Sec. 1153.002. PROOF OF PUBLICATION. A copy of the
5237	5237	published notice required by Section 1153.001(a)(1), with the
5238	5238	publisher's affidavit, sworn to and subscribed before a proper
5239	5239	officer, to the effect that the notice was published as provided in
5240	5240	this title for the service of citation or notice by publication,
5241	5241	shall be filed in the court in which the cause is pending. (Tex.
5242	5242	Prob. Code, Sec. 783(b).)
5243	5243	Sec. 1153.003. REQUIRED NOTICE TO CERTAIN CLAIMANTS. (a)
5244	5244	Within four months after receiving letters of guardianship, the
5245	5245	guardian of an estate shall give notice of the issuance of the
5246	5246	letters to each person who has a claim for money against the ward's
5247	5247	estate:
5248	5248	(1) that is secured by a deed of trust, mortgage, or
5249	5249	vendor's, mechanic's, or other contractor's lien on real estate
5250	5250	belonging to the estate; or
5251	5251	(2) about which the guardian has actual knowledge.
5252	5252	(b) Notice provided under this section must be:
5253	5253	(1) sent by certified or registered mail, return
5254	5254	receipt requested; and
5255	5255	(2) addressed to the record holder of the claim at the
5256	5256	record holder's last known post office address.
5257	5257	(c) The following shall be filed in the court from which the
5258	5258	letters of guardianship were issued:
5259	5259	(1) a copy of each notice required by Subsection
5260	5260	(a)(1) with the return receipt; and
5261	5261	(2) the guardian's affidavit stating:
5262	5262	(A) that the notice was mailed as required by
5263	5263	law; and
5264	5264	(B) the name of the person to whom the notice was
5265	5265	mailed, if that name is not shown on the notice or receipt. (Tex.
5266	5266	Prob. Code, Secs. 784(a), (b), (c), (d).)
5267	5267	Sec. 1153.004. PERMISSIVE NOTICE TO UNSECURED CREDITOR
5268	5268	REGARDING PERIOD FOR PRESENTMENT OF CLAIM. The guardian of the
5269	5269	estate may expressly state in a notice given to an unsecured
5270	5270	creditor under Section 1153.003(a)(2) that the creditor must
5271	5271	present a claim not later than the 120th day after the date the
5272	5272	creditor receives the notice or the claim is barred, if the claim is
5273	5273	not barred by the general statutes of limitation. A statement under
5274	5274	this section must include:
5275	5275	(1) the address to which the claim may be presented;
5276	5276	and
5277	5277	(2) an instruction that the claim be filed with the
5278	5278	clerk of the court that issued the letters of guardianship. (Tex.
5279	5279	Prob. Code, Sec. 784(e).)
5280	5280	Sec. 1153.005. ONE NOTICE SUFFICIENT; LIABILITY FOR FAILURE
5281	5281	TO GIVE REQUIRED NOTICE. (a) A guardian of an estate is not
5282	5282	required to give a notice required by Section 1153.003 if another
5283	5283	person also appointed as guardian or a former guardian has given
5284	5284	that notice.
5285	5285	(b) If the guardian fails to give a notice required by other
5286	5286	sections of this title or to cause the notice to be given, the
5287	5287	guardian and the sureties on the guardian's bond are liable for any
5288	5288	damage a person suffers because of the neglect, unless it appears
5289	5289	that the person otherwise had notice. (Tex. Prob. Code, Sec. 785.)
5290	5290	CHAPTER 1154. INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS
5291	5291	SUBCHAPTER A. APPRAISERS
5292	5292	Sec. 1154.001. APPOINTMENT OF APPRAISERS
5293	5293	Sec. 1154.002. APPRAISERS' FEES
5294	5294	Sec. 1154.003. FAILURE OR REFUSAL TO ACT BY APPRAISERS
5295	5295	[Sections 1154.004-1154.050 reserved for expansion]
5296	5296	SUBCHAPTER B. REQUIREMENTS FOR INVENTORY, APPRAISEMENT, AND LIST
5297	5297	OF CLAIMS
5298	5298	Sec. 1154.051. INVENTORY AND APPRAISEMENT
5299	5299	Sec. 1154.052. LIST OF CLAIMS
5300	5300	Sec. 1154.053. AFFIDAVIT OF GUARDIAN
5301	5301	Sec. 1154.054. APPROVAL OR DISAPPROVAL BY THE COURT
5302	5302	Sec. 1154.055. FAILURE OF JOINT GUARDIANS TO FILE
5303	5303	INVENTORY, APPRAISEMENT, AND LIST OF
5304	5304	CLAIMS
5305	5305	[Sections 1154.056-1154.100 reserved for expansion]
5306	5306	SUBCHAPTER C. CHANGES TO INVENTORY, APPRAISEMENT, AND LIST OF
5307	5307	CLAIMS
5308	5308	Sec. 1154.101. DISCOVERY OF ADDITIONAL PROPERTY OR
5309	5309	CLAIMS
5310	5310	Sec. 1154.102. ADDITIONAL INVENTORY AND APPRAISEMENT
5311	5311	OR LIST OF CLAIMS
5312	5312	Sec. 1154.103. CORRECTION OF INVENTORY, APPRAISEMENT,
5313	5313	OR LIST OF CLAIMS FOR ERRONEOUS OR
5314	5314	UNJUST ITEM
5315	5315	Sec. 1154.104. REAPPRAISEMENT
5316	5316	[Sections 1154.105-1154.150 reserved for expansion]
5317	5317	SUBCHAPTER D. USE OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS AS
5318	5318	EVIDENCE
5319	5319	Sec. 1154.151. USE OF INVENTORY, APPRAISEMENT, AND
5320	5320	LIST OF CLAIMS AS EVIDENCE
5321	5321	CHAPTER 1154. INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS
5322	5322	SUBCHAPTER A. APPRAISERS
5323	5323	Sec. 1154.001. APPOINTMENT OF APPRAISERS. (a) After
5324	5324	letters of guardianship of the estate are granted, the court, for
5325	5325	good cause shown, on the court's own motion or the motion of any
5326	5326	interested person, shall appoint at least one but not more than
5327	5327	three disinterested persons who are residents of the county in
5328	5328	which the letters were granted to appraise the ward's property.
5329	5329	(b) If the court makes an appointment under Subsection (a)
5330	5330	and part of the estate is located in a county other than the county
5331	5331	in which the letters were granted, the court, if the court considers
5332	5332	it necessary, may appoint at least one but not more than three
5333	5333	disinterested persons who are residents of the county in which the
5334	5334	relevant part of the estate is located to appraise the estate
5335	5335	property located in that county. (Tex. Prob. Code, Sec. 727.)
5336	5336	Sec. 1154.002. APPRAISERS' FEES. An appraiser appointed by
5337	5337	the court is entitled to receive a reasonable fee, payable out of
5338	5338	the estate, for the performance of the appraiser's duties as an
5339	5339	appraiser. (Tex. Prob. Code, Sec. 732.)
5340	5340	Sec. 1154.003. FAILURE OR REFUSAL TO ACT BY APPRAISERS. If
5341	5341	an appraiser appointed under Section 1154.001 fails or refuses to
5342	5342	act, the court shall remove the appraiser and appoint one or more
5343	5343	appraisers. (Tex. Prob. Code, Sec. 728.)
5344	5344	[Sections 1154.004-1154.050 reserved for expansion]
5345	5345	SUBCHAPTER B. REQUIREMENTS FOR INVENTORY, APPRAISEMENT, AND LIST
5346	5346	OF CLAIMS
5347	5347	Sec. 1154.051. INVENTORY AND APPRAISEMENT. (a) Not later
5348	5348	than the 30th day after the date the guardian of the estate
5349	5349	qualifies, unless a longer period is granted by the court, the
5350	5350	guardian shall file with the court clerk a single written
5351	5351	instrument that contains a verified, full, and detailed inventory
5352	5352	of all the ward's property that has come into the guardian's
5353	5353	possession or of which the guardian has knowledge. The inventory
5354	5354	must:
5355	5355	(1) include:
5356	5356	(A) all the ward's real property located in this
5357	5357	state; and
5358	5358	(B) all the ward's personal property regardless
5359	5359	of where the property is located; and
5360	5360	(2) specify:
5361	5361	(A) which portion of the property is separate
5362	5362	property and which is community property; and
5363	5363	(B) if the property is owned in common with other
5364	5364	persons, the ward's interest in that property and the names and
5365	5365	relationship, if known, of the co-owners.
5366	5366	(b) The guardian shall:
5367	5367	(1) set out in the inventory the guardian's
5368	5368	appraisement of the fair market value of each item in the inventory
5369	5369	on the date of the grant of letters of guardianship; or
5370	5370	(2) if the court has appointed an appraiser for the
5371	5371	estate:
5372	5372	(A) determine the fair market value of each item
5373	5373	in the inventory with the assistance of the appraiser; and
5374	5374	(B) set out in the inventory the appraisement
5375	5375	made by the appraiser.
5376	5376	(c) The court for good cause shown may require the guardian
5377	5377	to file the inventory and appraisement not later than the 30th day
5378	5378	after the date of qualification of the guardian.
5379	5379	(d) The inventory, when approved by the court and filed with
5380	5380	the court clerk, is for all purposes the inventory and appraisement
5381	5381	of the estate referred to in this title. (Tex. Prob. Code, Sec.
5382	5382	729.)
5383	5383	Sec. 1154.052. LIST OF CLAIMS. The guardian of the estate
5384	5384	shall make and attach to the inventory and appraisement required by
5385	5385	Section 1154.051 a complete list of claims due or owing to the ward.
5386	5386	The list of claims must state:
5387	5387	(1) the name and, if known, address of each person
5388	5388	indebted to the ward; and
5389	5389	(2) regarding each claim:
5390	5390	(A) the nature of the debt, whether it is a note,
5391	5391	bill, bond, or other written obligation, or whether it is an account
5392	5392	or verbal contract;
5393	5393	(B) the date the debt was incurred;
5394	5394	(C) the date the debt was or is due;
5395	5395	(D) the amount of the claim, the rate of interest
5396	5396	on the claim, and the period for which the claim bears interest; and
5397	5397	(E) if any portion of the claim is held in common
5398	5398	with others, the interest of the estate in the claim and the names
5399	5399	and relationships of the other part owners. (Tex. Prob. Code, Sec.
5400	5400	730.)
5401	5401	Sec. 1154.053. AFFIDAVIT OF GUARDIAN. The guardian of the
5402	5402	estate shall attach to the inventory, appraisement, and list of
5403	5403	claims the guardian's affidavit, subscribed and sworn to before an
5404	5404	officer in the county authorized by law to administer oaths, that
5405	5405	the inventory, appraisement, and list of claims are a true and
5406	5406	complete statement of the property and claims of the estate of which
5407	5407	the guardian has knowledge. (Tex. Prob. Code, Sec. 731.)
5408	5408	Sec. 1154.054. APPROVAL OR DISAPPROVAL BY THE COURT. (a)
5409	5409	On the filing of the inventory, appraisement, and list of claims
5410	5410	with the court clerk, the judge shall examine and approve or
5411	5411	disapprove the inventory, appraisement, and list of claims.
5412	5412	(b) If the judge approves the inventory, appraisement, and
5413	5413	list of claims, the judge shall enter an order to that effect.
5414	5414	(c) If the judge does not approve the inventory,
5415	5415	appraisement, or list of claims, the judge:
5416	5416	(1) shall enter an order to that effect requiring the
5417	5417	filing of another inventory, appraisement, or list of claims,
5418	5418	whichever is not approved, within a period specified in the order
5419	5419	not to exceed 20 days after the date the order is entered; and
5420	5420	(2) may, if considered necessary, appoint new
5421	5421	appraisers. (Tex. Prob. Code, Sec. 733.)
5422	5422	Sec. 1154.055. FAILURE OF JOINT GUARDIANS TO FILE
5423	5423	INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS. (a) If more than one
5424	5424	guardian of the estate qualifies to serve, any one or more of the
5425	5425	guardians, on the neglect of the other guardians, may make and file
5426	5426	an inventory, appraisement, and list of claims.
5427	5427	(b) A guardian who neglects to make or file an inventory,
5428	5428	appraisement, and list of claims may not interfere with and does not
5429	5429	have any power over the estate after another guardian makes and
5430	5430	files an inventory, appraisement, and list of claims.
5431	5431	(c) The guardian who files the inventory, appraisement, and
5432	5432	list of claims is entitled to the whole administration unless, not
5433	5433	later than the 60th day after the date the guardian files the
5434	5434	inventory, appraisement, and list of claims, each of the delinquent
5435	5435	guardians files with the court a written, sworn, and reasonable
5436	5436	excuse that the court considers satisfactory. The court shall
5437	5437	enter an order removing one or more delinquent guardians and
5438	5438	revoking those guardians' letters if:
5439	5439	(1) an excuse is not filed; or
5440	5440	(2) the court does not consider the filed excuse
5441	5441	sufficient. (Tex. Prob. Code, Sec. 738.)
5442	5442	[Sections 1154.056-1154.100 reserved for expansion]
5443	5443	SUBCHAPTER C. CHANGES TO INVENTORY, APPRAISEMENT, AND LIST OF
5444	5444	CLAIMS
5445	5445	Sec. 1154.101. DISCOVERY OF ADDITIONAL PROPERTY OR CLAIMS.
5446	5446	If after the filing of the inventory, appraisement, and list of
5447	5447	claims the guardian of the estate acquires possession or knowledge
5448	5448	of property or claims of the estate not included in the inventory,
5449	5449	appraisement, and list of claims, the guardian shall promptly file
5450	5450	with the court clerk a verified, full, and detailed supplemental
5451	5451	inventory, appraisement, and list of claims. (Tex. Prob. Code,
5452	5452	Sec. 734.)
5453	5453	Sec. 1154.102. ADDITIONAL INVENTORY AND APPRAISEMENT OR
5454	5454	LIST OF CLAIMS. (a) On the written complaint of any interested
5455	5455	person that property or claims of the estate have not been included
5456	5456	in the filed inventory, appraisement, and list of claims, the
5457	5457	guardian of the estate shall be cited to appear before the court in
5458	5458	which the cause is pending and show cause why the guardian should
5459	5459	not be required to make and file an additional inventory and
5460	5460	appraisement or list of claims, or both.
5461	5461	(b) After hearing the complaint, if the court is satisfied
5462	5462	of the truth of the complaint, the court shall enter an order
5463	5463	requiring the guardian to make and file an additional inventory and
5464	5464	appraisement or list of claims, or both. The additional inventory
5465	5465	and appraisement or list of claims:
5466	5466	(1) must be made and filed in the same manner as the
5467	5467	original inventory and appraisement or list of claims within the
5468	5468	period prescribed by the court, not to exceed 20 days after the date
5469	5469	of the order; and
5470	5470	(2) may include only property or claims not previously
5471	5471	included in the inventory and appraisement or list of claims. (Tex.
5472	5472	Prob. Code, Sec. 735.)
5473	5473	Sec. 1154.103. CORRECTION OF INVENTORY, APPRAISEMENT, OR
5474	5474	LIST OF CLAIMS FOR ERRONEOUS OR UNJUST ITEM. (a) A person
5475	5475	interested in an estate who considers an inventory, appraisement,
5476	5476	or list of claims filed by the guardian of the estate to be
5477	5477	erroneous or unjust in any particular form may:
5478	5478	(1) file a written complaint setting forth the alleged
5479	5479	erroneous or unjust item; and
5480	5480	(2) have the guardian cited to appear before the court
5481	5481	and show cause why the item should not be corrected.
5482	5482	(b) On the hearing of the complaint, if the court is
5483	5483	satisfied from the evidence that the inventory, appraisement, or
5484	5484	list of claims is erroneous or unjust as alleged in the complaint,
5485	5485	the court shall enter an order:
5486	5486	(1) specifying the erroneous or unjust item and the
5487	5487	corrections to be made; and
5488	5488	(2) appointing an appraiser to make a new appraisement
5489	5489	correcting the erroneous or unjust item and requiring the filing of
5490	5490	the new appraisement not later than the 20th day after the date of
5491	5491	the order.
5492	5492	(c) The court, on the court's own motion or a motion of the
5493	5493	guardian of the estate, may also have a new appraisement made for
5494	5494	the purposes described by this section. (Tex. Prob. Code, Sec.
5495	5495	736.)
5496	5496	Sec. 1154.104. REAPPRAISEMENT. (a) A reappraisement made,
5497	5497	filed, and approved by the court replaces the original
5498	5498	appraisement. Not more than one reappraisement may be made.
5499	5499	(b) Notwithstanding Subsection (a), a person interested in
5500	5500	an estate may object to a reappraisement regardless of whether the
5501	5501	court has approved the reappraisement. If the court finds that the
5502	5502	reappraisement is erroneous or unjust, the court shall appraise the
5503	5503	property on the basis of the evidence before the court. (Tex. Prob.
5504	5504	Code, Sec. 737.)
5505	5505	[Sections 1154.105-1154.150 reserved for expansion]
5506	5506	SUBCHAPTER D. USE OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS AS
5507	5507	EVIDENCE
5508	5508	Sec. 1154.151. USE OF INVENTORY, APPRAISEMENT, AND LIST OF
5509	5509	CLAIMS AS EVIDENCE. Each inventory, appraisement, and list of
5510	5510	claims that has been made, filed, and approved in accordance with
5511	5511	law; the record of the inventory, appraisement, and list of claims;
5512	5512	or a copy of an original or the record that has been certified under
5513	5513	the seal of the county court affixed by the clerk:
5514	5514	(1) may be given in evidence in any court of this state
5515	5515	in any suit by or against the guardian of the estate; and
5516	5516	(2) is not conclusive for or against the guardian of
5517	5517	the estate if it is shown that:
5518	5518	(A) any property or claim of the estate is not
5519	5519	shown in the inventory, appraisement, or list of claims; or
5520	5520	(B) the value of the property or claim of the
5521	5521	estate exceeded the value shown in the appraisement or list of
5522	5522	claims. (Tex. Prob. Code, Sec. 739.)
5523	5523	CHAPTER 1155. COMPENSATION, EXPENSES, AND COURT COSTS
5524	5524	SUBCHAPTER A. COMPENSATION OF GUARDIANS IN GENERAL
5525	5525	Sec. 1155.001. DEFINITIONS
5526	5526	Sec. 1155.002. COMPENSATION FOR CERTAIN GUARDIANS OF
5527	5527	THE PERSON
5528	5528	Sec. 1155.003. COMPENSATION FOR GUARDIAN OF THE ESTATE
5529	5529	Sec. 1155.004. CONSIDERATIONS IN AUTHORIZING
5530	5530	COMPENSATION
5531	5531	Sec. 1155.005. MAXIMUM AGGREGATE COMPENSATION
5532	5532	Sec. 1155.006. MODIFICATION OF UNREASONABLY LOW
5533	5533	COMPENSATION; AUTHORIZATION FOR
5534	5534	PAYMENT OF ESTIMATED QUARTERLY
5535	5535	COMPENSATION
5536	5536	Sec. 1155.007. REDUCTION OR ELIMINATION OF ESTIMATED
5537	5537	QUARTERLY COMPENSATION
5538	5538	Sec. 1155.008. DENIAL OF COMPENSATION
5539	5539	[Sections 1155.009-1155.050 reserved for expansion]
5540	5540	SUBCHAPTER B. COMPENSATION FOR PROFESSIONAL SERVICES
5541	5541	Sec. 1155.051. COMPENSATION FOR PROFESSIONAL SERVICES
5542	5542	IN GENERAL
5543	5543	Sec. 1155.052. ATTORNEY SERVING AS GUARDIAN AND
5544	5544	PROVIDING RELATED LEGAL SERVICES
5545	5545	Sec. 1155.053. COMPENSATION FOR SERVICES TO RECOVER
5546	5546	PROPERTY
5547	5547	[Sections 1155.054-1155.100 reserved for expansion]
5548	5548	SUBCHAPTER C. EXPENSES
5549	5549	Sec. 1155.101. REIMBURSEMENT OF EXPENSES IN GENERAL
5550	5550	Sec. 1155.102. REIMBURSEMENT OF EXPENSES FOR
5551	5551	COLLECTION OF CLAIM OR DEBT
5552	5552	Sec. 1155.103. EXPENSE CHARGES: REQUIREMENTS
5553	5553	[Sections 1155.104-1155.150 reserved for expansion]
5554	5554	SUBCHAPTER D. COSTS IN GENERAL
5555	5555	Sec. 1155.151. COST OF PROCEEDING IN GUARDIANSHIP
5556	5556	MATTER
5557	5557	Sec. 1155.152. CERTAIN COSTS ADJUDGED AGAINST GUARDIAN
5558	5558	[Sections 1155.153-1155.200 reserved for expansion]
5559	5559	SUBCHAPTER E. COMPENSATION AND COSTS IN GUARDIANSHIPS FOR CERTAIN
5560	5560	MEDICAL ASSISTANCE RECIPIENTS
5561	5561	Sec. 1155.201. DEFINITIONS
5562	5562	Sec. 1155.202. COMPENSATION AND COSTS PAYABLE UNDER
5563	5563	MEDICAL ASSISTANCE PROGRAM
5564	5564	CHAPTER 1155. COMPENSATION, EXPENSES, AND COURT COSTS
5565	5565	SUBCHAPTER A. COMPENSATION OF GUARDIANS IN GENERAL
5566	5566	Sec. 1155.001. DEFINITIONS. In this subchapter:
5567	5567	(1) "Gross income" does not include United States
5568	5568	Department of Veterans Affairs or social security benefits received
5569	5569	by a ward.
5570	5570	(2) "Money paid out" does not include any money
5571	5571	loaned, invested, or paid over on the settlement of a guardianship
5572	5572	or a tax-motivated gift made by a ward. (Tex. Prob. Code, Sec.
5573	5573	665(h).)
5574	5574	Sec. 1155.002. COMPENSATION FOR CERTAIN GUARDIANS OF THE
5575	5575	PERSON. (a) The court may authorize compensation for a guardian
5576	5576	serving as a guardian of the person alone from available funds of
5577	5577	the ward's estate or other funds available for that purpose. The
5578	5578	court may set the compensation in an amount not to exceed five
5579	5579	percent of the ward's gross income.
5580	5580	(b) If the ward's estate is insufficient to pay for the
5581	5581	services of a private professional guardian or a licensed attorney
5582	5582	serving as a guardian of the person, the court may authorize
5583	5583	compensation for that guardian if funds in the county treasury are
5584	5584	budgeted for that purpose. (Tex. Prob. Code, Secs. 665(a), (g).)
5585	5585	Sec. 1155.003. COMPENSATION FOR GUARDIAN OF THE ESTATE.
5586	5586	(a) The guardian of an estate is entitled to reasonable
5587	5587	compensation on application to the court at the time the court
5588	5588	approves an annual or final accounting filed by the guardian under
5589	5589	this title.
5590	5590	(b) A fee of five percent of the gross income of the ward's
5591	5591	estate and five percent of all money paid out of the estate, subject
5592	5592	to the award of an additional amount under Section 1155.006(a)
5593	5593	following a review under Section 1155.006(a)(1), is considered
5594	5594	reasonable under this section if the court finds that the guardian
5595	5595	has taken care of and managed the estate in compliance with the
5596	5596	standards of this title. (Tex. Prob. Code, Sec. 665(b).)
5597	5597	Sec. 1155.004. CONSIDERATIONS IN AUTHORIZING COMPENSATION.
5598	5598	In determining whether to authorize compensation for a guardian
5599	5599	under this subchapter, the court shall consider:
5600	5600	(1) the ward's monthly income from all sources; and
5601	5601	(2) whether the ward receives medical assistance under
5602	5602	the state Medicaid program. (Tex. Prob. Code, Sec. 665(a-1).)
5603	5603	Sec. 1155.005. MAXIMUM AGGREGATE COMPENSATION. Except as
5604	5604	provided by Section 1155.006(a) for a fee the court determines is
5605	5605	unreasonably low, the aggregate fee of the guardian of the person
5606	5606	and guardian of the estate may not exceed an amount equal to five
5607	5607	percent of the gross income of the ward's estate plus five percent
5608	5608	of all money paid out of the estate. (Tex. Prob. Code, Sec.
5609	5609	665(f).)
5610	5610	Sec. 1155.006. MODIFICATION OF UNREASONABLY LOW
5611	5611	COMPENSATION; AUTHORIZATION FOR PAYMENT OF ESTIMATED QUARTERLY
5612	5612	COMPENSATION. (a) On application of an interested person or on the
5613	5613	court's own motion, the court may:
5614	5614	(1) review and modify the amount of compensation
5615	5615	authorized under Section 1155.002(a) or 1155.003 if the court finds
5616	5616	that the amount is unreasonably low when considering the services
5617	5617	provided as guardian; and
5618	5618	(2) authorize compensation for the guardian in an
5619	5619	estimated amount the court finds reasonable, to be paid on a
5620	5620	quarterly basis before the guardian files an annual or final
5621	5621	accounting, if the court finds that delaying the payment of
5622	5622	compensation until the guardian files an accounting would create a
5623	5623	hardship for the guardian.
5624	5624	(b) A finding of unreasonably low compensation may not be
5625	5625	established under Subsection (a) solely because the amount of
5626	5626	compensation is less than the usual and customary charges of the
5627	5627	person or entity serving as guardian. (Tex. Prob. Code, Secs.
5628	5628	665(c), (d) (part).)
5629	5629	Sec. 1155.007. REDUCTION OR ELIMINATION OF ESTIMATED
5630	5630	QUARTERLY COMPENSATION. (a) A court that authorizes payment of
5631	5631	estimated quarterly compensation under Section 1155.006(a) may
5632	5632	later reduce or eliminate the guardian's compensation if, on review
5633	5633	of an annual or final accounting or otherwise, the court finds that
5634	5634	the guardian:
5635	5635	(1) received compensation in excess of the amount
5636	5636	permitted under this subchapter;
5637	5637	(2) has not adequately performed the duties required
5638	5638	of a guardian under this title; or
5639	5639	(3) has been removed for cause.
5640	5640	(b) If a court reduces or eliminates a guardian's
5641	5641	compensation as provided by Subsection (a), the guardian and the
5642	5642	surety on the guardian's bond are liable to the guardianship estate
5643	5643	for any excess compensation received. (Tex. Prob. Code, Secs.
5644	5644	665(d) (part), (d-1).)
5645	5645	Sec. 1155.008. DENIAL OF COMPENSATION. On application of
5646	5646	an interested person or on the court's own motion, the court may
5647	5647	wholly or partly deny a fee authorized under this subchapter if:
5648	5648	(1) the court finds that the guardian has not
5649	5649	adequately performed the duties required of a guardian under this
5650	5650	title; or
5651	5651	(2) the guardian has been removed for cause. (Tex.
5652	5652	Prob. Code, Sec. 665(e).)
5653	5653	[Sections 1155.009-1155.050 reserved for expansion]
5654	5654	SUBCHAPTER B. COMPENSATION FOR PROFESSIONAL SERVICES
5655	5655	Sec. 1155.051. COMPENSATION FOR PROFESSIONAL SERVICES IN
5656	5656	GENERAL. (a) The court shall order the payment of a fee set by the
5657	5657	court as compensation to any attorneys, mental health
5658	5658	professionals, and interpreters appointed under this title to be
5659	5659	taxed as costs in the case.
5660	5660	(b) If after examining a proposed ward's assets the court
5661	5661	determines the proposed ward is unable to pay for services provided
5662	5662	by an attorney, a mental health professional, or an interpreter
5663	5663	appointed under this title, as applicable, the county is
5664	5664	responsible for the cost of those services. (Tex. Prob. Code, Sec.
5665	5665	665A.)
5666	5666	Sec. 1155.052. ATTORNEY SERVING AS GUARDIAN AND PROVIDING
5667	5667	RELATED LEGAL SERVICES. (a) Notwithstanding any other provision
5668	5668	of this chapter or Section 665B, an attorney who serves as guardian
5669	5669	and who also provides legal services in connection with the
5670	5670	guardianship is not entitled to compensation for the guardianship
5671	5671	services or payment of attorney's fees for the legal services from
5672	5672	the ward's estate or other funds available for that purpose unless
5673	5673	the attorney files with the court a detailed description of the
5674	5674	services performed that identifies which of the services provided
5675	5675	were guardianship services and which were legal services.
5676	5676	(b) An attorney described by Subsection (a) is not entitled
5677	5677	to payment of attorney's fees for guardianship services that are
5678	5678	not legal services.
5679	5679	(c) The court shall set the compensation of an attorney
5680	5680	described by Subsection (a) for the performance of guardianship
5681	5681	services in accordance with Subchapter A. The court shall set
5682	5682	attorney's fees for an attorney described by Subsection (a) for
5683	5683	legal services provided in accordance with Sections 1155.051,
5684	5684	1155.101, and 665B. (Tex. Prob. Code, Sec. 665D.)
5685	5685	Sec. 1155.053. COMPENSATION FOR SERVICES TO RECOVER
5686	5686	PROPERTY. (a) Subject only to the approval of the court in which
5687	5687	the estate is being administered and except as provided by
5688	5688	Subsection (b), a guardian of an estate may convey or contract to
5689	5689	convey a contingent interest in any property sought to be
5690	5690	recovered, not to exceed one-third of the property for services of
5691	5691	attorneys.
5692	5692	(b) A guardian of an estate may convey or contract to convey
5693	5693	for services of attorneys a contingent interest that exceeds
5694	5694	one-third of the property sought to be recovered under this section
5695	5695	only on the approval of the court in which the estate is being
5696	5696	administered. The court must approve a contract entered into or
5697	5697	conveyance made under this section before an attorney performs any
5698	5698	legal services. A contract entered into or conveyance made in
5699	5699	violation of this section is void unless the court ratifies or
5700	5700	reforms the contract or documents relating to the conveyance to the
5701	5701	extent necessary to cause the contract or conveyance to meet the
5702	5702	requirements of this section.
5703	5703	(c) In approving a contract or conveyance under Subsection
5704	5704	(a) or (b) for services of an attorney, the court shall consider:
5705	5705	(1) the time and labor that will be required, the
5706	5706	novelty and difficulty of the questions to be involved, and the
5707	5707	skill that will be required to perform the legal services properly;
5708	5708	(2) the fee customarily charged in the locality for
5709	5709	similar legal services;
5710	5710	(3) the value of property recovered or sought to be
5711	5711	recovered by the guardian under this section;
5712	5712	(4) the benefits to the estate that the attorney will
5713	5713	be responsible for securing; and
5714	5714	(5) the experience and ability of the attorney who
5715	5715	will be performing the services. (Tex. Prob. Code, Secs. 665C(a),
5716	5716	(b), (c).)
5717	5717	[Sections 1155.054-1155.100 reserved for expansion]
5718	5718	SUBCHAPTER C. EXPENSES
5719	5719	Sec. 1155.101. REIMBURSEMENT OF EXPENSES IN GENERAL. A
5720	5720	guardian is entitled to reimbursement from the guardianship estate
5721	5721	for all necessary and reasonable expenses incurred in performing
5722	5722	any duty as a guardian, including reimbursement for the payment of
5723	5723	reasonable attorney's fees necessarily incurred by the guardian in
5724	5724	connection with the management of the estate or any other
5725	5725	guardianship matter. (Tex. Prob. Code, Sec. 666.)
5726	5726	Sec. 1155.102. REIMBURSEMENT OF EXPENSES FOR COLLECTION OF
5727	5727	CLAIM OR DEBT. On satisfactory proof to the court, a guardian of an
5728	5728	estate is entitled to all necessary and reasonable expenses
5729	5729	incurred by the guardian in collecting or attempting to collect a
5730	5730	claim or debt owed to the estate or in recovering or attempting to
5731	5731	recover property to which the estate has title or a claim. (Tex.
5732	5732	Prob. Code, Sec. 665C(d).)
5733	5733	Sec. 1155.103. EXPENSE CHARGES: REQUIREMENTS. All expense
5734	5734	charges shall be:
5735	5735	(1) in writing, showing specifically each item of
5736	5736	expense and the date of the expense;
5737	5737	(2) verified by affidavit of the guardian;
5738	5738	(3) filed with the clerk; and
5739	5739	(4) paid only if the payment is authorized by court
5740	5740	order. (Tex. Prob. Code, Sec. 667.)
5741	5741	[Sections 1155.104-1155.150 reserved for expansion]
5742	5742	SUBCHAPTER D. COSTS IN GENERAL
5743	5743	Sec. 1155.151. COST OF PROCEEDING IN GUARDIANSHIP MATTER.
5744	5744	(a) Except as provided by Subsection (b), the cost of the proceeding
5745	5745	in a guardianship matter, including the cost of the guardian ad
5746	5746	litem or court visitor, shall be paid out of the guardianship
5747	5747	estate, or the cost of the proceeding shall be paid out of the
5748	5748	county treasury if the estate is insufficient to pay the cost, and
5749	5749	the court shall issue the judgment accordingly.
5750	5750	(b) An applicant for the appointment of a guardian under
5751	5751	this title shall pay the cost of the proceeding if the court denies
5752	5752	the application based on the recommendation of a court
5753	5753	investigator. (Tex. Prob. Code, Sec. 669.)
5754	5754	Sec. 1155.152. CERTAIN COSTS ADJUDGED AGAINST GUARDIAN. If
5755	5755	costs are incurred because a guardian neglects to perform a
5756	5756	required duty or is removed for cause, the guardian and the sureties
5757	5757	on the guardian's bond are liable for:
5758	5758	(1) any costs of removal and other additional costs
5759	5759	incurred that are not expenditures authorized under this title; and
5760	5760	(2) reasonable attorney's fees incurred in:
5761	5761	(A) removing the guardian; or
5762	5762	(B) obtaining compliance regarding any statutory
5763	5763	duty the guardian has neglected. (Tex. Prob. Code, Sec. 668.)
5764	5764	[Sections 1155.153-1155.200 reserved for expansion]
5765	5765	SUBCHAPTER E. COMPENSATION AND COSTS IN GUARDIANSHIPS FOR CERTAIN
5766	5766	MEDICAL ASSISTANCE RECIPIENTS
5767	5767	Sec. 1155.201. DEFINITIONS. In this subchapter:
5768	5768	(1) "Applied income" means the portion of the earned
5769	5769	and unearned income of a recipient of medical assistance, or if
5770	5770	applicable the recipient and the recipient's spouse, that is paid
5771	5771	under the medical assistance program to a nursing home in which the
5772	5772	recipient resides.
5773	5773	(2) "Medical assistance" has the meaning assigned by
5774	5774	Section 32.003, Human Resources Code. (Tex. Prob. Code, Sec.
5775	5775	670(a).)
5776	5776	Sec. 1155.202. COMPENSATION AND COSTS PAYABLE UNDER MEDICAL
5777	5777	ASSISTANCE PROGRAM. (a) Notwithstanding any other provision of
5778	5778	this title and to the extent permitted by federal law, a court that
5779	5779	appoints a guardian for a recipient of medical assistance who has
5780	5780	applied income may order the following to be paid under the medical
5781	5781	assistance program:
5782	5782	(1) compensation to the guardian in an amount not to
5783	5783	exceed $175 per month;
5784	5784	(2) costs directly related to establishing or
5785	5785	terminating the guardianship, not to exceed $1,000 except as
5786	5786	provided by Subsection (b); and
5787	5787	(3) other administrative costs related to the
5788	5788	guardianship, not to exceed $1,000 during any three-year period.
5789	5789	(b) Costs ordered to be paid under Subsection (a)(2) may
5790	5790	include compensation and expenses for an attorney ad litem or
5791	5791	guardian ad litem and reasonable attorney's fees for an attorney
5792	5792	representing the guardian. The costs ordered to be paid may exceed
5793	5793	$1,000 if the costs in excess of that amount are supported by
5794	5794	documentation acceptable to the court and the costs are approved by
5795	5795	the court. (Tex. Prob. Code, Secs. 670(b), (c).)
5796	5796	CHAPTER 1156. EDUCATION AND MAINTENANCE ALLOWANCES PAID FROM
5797	5797	WARD'S ESTATE
5798	5798	SUBCHAPTER A. ALLOWANCES FOR WARD
5799	5799	Sec. 1156.001. APPLICATION FOR ALLOWANCE
5800	5800	Sec. 1156.002. COURT DETERMINATION OF ALLOWANCE AMOUNT
5801	5801	Sec. 1156.003. COURT ORDER SETTING ALLOWANCE
5802	5802	Sec. 1156.004. EXPENDITURES EXCEEDING ALLOWANCE
5803	5803	[Sections 1156.005-1156.050 reserved for expansion]
5804	5804	SUBCHAPTER B. ALLOWANCES FOR WARD'S FAMILY
5805	5805	Sec. 1156.051. CERTAIN ALLOWANCES PROHIBITED WHEN
5806	5806	PARENT IS GUARDIAN OF MINOR WARD
5807	5807	Sec. 1156.052. ALLOWANCE FOR WARD'S SPOUSE OR
5808	5808	DEPENDENT
5809	5809	CHAPTER 1156. EDUCATION AND MAINTENANCE ALLOWANCES PAID FROM
5810	5810	WARD'S ESTATE
5811	5811	SUBCHAPTER A. ALLOWANCES FOR WARD
5812	5812	Sec. 1156.001. APPLICATION FOR ALLOWANCE. (a) Subject to
5813	5813	Section 1156.051, if a monthly allowance for a ward was not ordered
5814	5814	in the court's order appointing a guardian, the guardian of the
5815	5815	estate of the ward shall file with the court an application
5816	5816	requesting a monthly allowance to be spent from the income and
5817	5817	corpus of the ward's estate for:
5818	5818	(1) the education and maintenance of the ward; and
5819	5819	(2) the maintenance of the ward's property.
5820	5820	(b) The guardian must file the application not later than
5821	5821	the 30th day after the date the guardian qualifies as guardian or
5822	5822	the date specified by the court, whichever is later.
5823	5823	(c) The application must clearly separate amounts requested
5824	5824	for the ward's education and maintenance from amounts requested for
5825	5825	maintenance of the ward's property. (Tex. Prob. Code, Secs. 776(a),
5826	5826	(a-1).)
5827	5827	Sec. 1156.002. COURT DETERMINATION OF ALLOWANCE AMOUNT. In
5828	5828	determining the amount of the monthly allowance for the ward and the
5829	5829	ward's property, the court shall consider the condition of the
5830	5830	estate and the income and corpus of the estate necessary to pay the
5831	5831	reasonably anticipated regular education and maintenance expenses
5832	5832	of the ward and maintenance expenses of the ward's property. (Tex.
5833	5833	Prob. Code, Sec. 776(a-2) (part).)
5834	5834	Sec. 1156.003. COURT ORDER SETTING ALLOWANCE. (a) The
5835	5835	court's order setting a monthly allowance must specify the types of
5836	5836	expenditures the guardian may make on a monthly basis for the ward
5837	5837	or the ward's property.
5838	5838	(b) If different persons have the guardianship of the person
5839	5839	and of the estate of a ward, the court's order setting a monthly
5840	5840	allowance must specify:
5841	5841	(1) the amount, if any, set by the court for the ward's
5842	5842	education and maintenance that the guardian of the estate shall
5843	5843	pay; and
5844	5844	(2) the amount, if any, that the guardian of the estate
5845	5845	shall pay to the guardian of the person, at a time specified by the
5846	5846	court, for the ward's education and maintenance.
5847	5847	(c) If the guardian of the estate fails to pay to the
5848	5848	guardian of the person the monthly allowance set by the court, the
5849	5849	guardian of the estate shall be compelled by court order to make the
5850	5850	payment after the guardian is cited to appear.
5851	5851	(d) An order setting a monthly allowance does not affect the
5852	5852	guardian's duty to account for expenditures of the allowance in the
5853	5853	annual account required by Subchapter A, Chapter 1163. (Tex. Prob.
5854	5854	Code, Secs. 776(a-2) (part), (a-3).)
5855	5855	Sec. 1156.004. EXPENDITURES EXCEEDING ALLOWANCE. If a
5856	5856	guardian in good faith has spent money from the income and corpus of
5857	5857	the estate of the ward for the ward's support and maintenance and
5858	5858	the expenditures exceed the monthly allowance authorized by the
5859	5859	court, the guardian shall file a motion with the court requesting
5860	5860	approval of the expenditures. The court may approve the excess
5861	5861	expenditures if:
5862	5862	(1) the expenditures were made when it was not
5863	5863	convenient or possible for the guardian to first secure court
5864	5864	approval;
5865	5865	(2) the proof is clear and convincing that the
5866	5866	expenditures were reasonable and proper;
5867	5867	(3) the court would have granted authority in advance
5868	5868	to make the expenditures; and
5869	5869	(4) the ward received the benefits of the
5870	5870	expenditures. (Tex. Prob. Code, Sec. 776(b).)
5871	5871	[Sections 1156.005-1156.050 reserved for expansion]
5872	5872	SUBCHAPTER B. ALLOWANCES FOR WARD'S FAMILY
5873	5873	Sec. 1156.051. CERTAIN ALLOWANCES PROHIBITED WHEN PARENT IS
5874	5874	GUARDIAN OF MINOR WARD. (a) Except as provided by Subsection (b), a
5875	5875	parent who is the guardian of the person of a ward who is 17 years of
5876	5876	age or younger may not use the income or the corpus from the ward's
5877	5877	estate for the ward's support, education, or maintenance.
5878	5878	(b) A court with proper jurisdiction may authorize the
5879	5879	guardian of the person to spend the income or the corpus from the
5880	5880	ward's estate to support, educate, or maintain the ward if the
5881	5881	guardian presents to the court clear and convincing evidence that
5882	5882	the ward's parents are unable without unreasonable hardship to pay
5883	5883	for all of the expenses related to the ward's support. (Tex. Prob.
5884	5884	Code, Sec. 777.)
5885	5885	Sec. 1156.052. ALLOWANCE FOR WARD'S SPOUSE OR DEPENDENT.
5886	5886	(a) Subject to Section 1156.051 and on application to the court,
5887	5887	the court may order the guardian of the estate of a ward to spend
5888	5888	money from the ward's estate for the education and maintenance of
5889	5889	the ward's spouse or dependent.
5890	5890	(b) In determining whether to order the expenditure of money
5891	5891	from a ward's estate for the ward's spouse or dependent, as
5892	5892	appropriate, under this section, the court shall consider:
5893	5893	(1) the circumstances of the ward, the ward's spouse,
5894	5894	and the ward's dependents;
5895	5895	(2) the ability and duty of the ward's spouse to
5896	5896	support himself or herself and the ward's dependent;
5897	5897	(3) the size of the ward's estate;
5898	5898	(4) a beneficial interest the ward or the ward's spouse
5899	5899	or dependent has in a trust; and
5900	5900	(5) an existing estate plan, including a trust or
5901	5901	will, that provides a benefit to the ward's spouse or dependent.
5902	5902	(c) A person who makes an application to the court under
5903	5903	this section shall mail notice of the application by certified mail
5904	5904	to all interested persons. (Tex. Prob. Code, Sec. 776A.)
5905	5905	CHAPTER 1157. PRESENTMENT AND PAYMENT OF CLAIMS
5906	5906	SUBCHAPTER A. PRESENTMENT OF CLAIMS AGAINST
5907	5907	GUARDIANSHIP ESTATE IN GENERAL
5908	5908	Sec. 1157.001. PRESENTMENT OF CLAIM TO GUARDIAN OF THE
5909	5909	ESTATE
5910	5910	Sec. 1157.002. PRESENTMENT OF CLAIM TO CLERK
5911	5911	Sec. 1157.003. INCLUSION OF ATTORNEY'S FEES IN CLAIM
5912	5912	Sec. 1157.004. AFFIDAVIT AUTHENTICATING CLAIM FOR
5913	5913	MONEY IN GENERAL
5914	5914	Sec. 1157.005. AFFIDAVIT AUTHENTICATING CLAIM OF
5915	5915	CORPORATION OR BY CERTAIN OTHER
5916	5916	REPRESENTATIVES
5917	5917	Sec. 1157.006. LOST OR DESTROYED EVIDENCE CONCERNING
5918	5918	CLAIM
5919	5919	Sec. 1157.007. WAIVER OF CERTAIN DEFECTS OF FORM OR
5920	5920	CLAIMS OF INSUFFICIENCY
5921	5921	Sec. 1157.008. EFFECT ON STATUTES OF LIMITATION OF
5922	5922	FILING OF OR SUIT ON CLAIM
5923	5923	[Sections 1157.009-1157.050 reserved for expansion]
5924	5924	SUBCHAPTER B. ACTION ON CLAIMS
5925	5925	Sec. 1157.051. ALLOWANCE OR REJECTION OF CLAIM
5926	5926	Sec. 1157.052. FAILURE TO ENDORSE OR ATTACH MEMORANDUM
5927	5927	OR ALLOW OR REJECT CLAIM
5928	5928	Sec. 1157.053. CLAIM ENTERED ON CLAIM DOCKET
5929	5929	Sec. 1157.054. CONTEST OF CLAIM
5930	5930	Sec. 1157.055. COURT'S ACTION ON CLAIM
5931	5931	Sec. 1157.056. HEARING ON CERTAIN CLAIMS
5932	5932	Sec. 1157.057. COURT ORDER REGARDING ACTION ON CLAIM
5933	5933	Sec. 1157.058. APPEAL OF COURT'S ACTION ON CLAIM
5934	5934	Sec. 1157.059. ALLOWANCE AND APPROVAL PROHIBITED
5935	5935	WITHOUT AFFIDAVIT
5936	5936	Sec. 1157.060. UNSECURED CLAIMS BARRED UNDER CERTAIN
5937	5937	CIRCUMSTANCES
5938	5938	Sec. 1157.061. ALLOWING BARRED CLAIM PROHIBITED; COURT
5939	5939	DISAPPROVAL
5940	5940	Sec. 1157.062. CERTAIN ACTIONS ON CLAIMS WITH LOST OR
5941	5941	DESTROYED EVIDENCE VOID
5942	5942	Sec. 1157.063. SUIT ON REJECTED CLAIM
5943	5943	Sec. 1157.064. PRESENTMENT OF CLAIM PREREQUISITE FOR
5944	5944	JUDGMENT
5945	5945	Sec. 1157.065. JUDGMENT IN SUIT ON REJECTED CLAIM
5946	5946	[Sections 1157.066-1157.100 reserved for expansion]
5947	5947	SUBCHAPTER C. PAYMENT OF CLAIMS, ALLOWANCES, AND EXPENSES
5948	5948	Sec. 1157.101. PAYMENT OF APPROVED OR ESTABLISHED
5949	5949	CLAIM
5950	5950	Sec. 1157.102. PAYMENT OF UNAUTHENTICATED CLAIM
5951	5951	Sec. 1157.103. PRIORITY OF PAYMENT OF CLAIMS
5952	5952	Sec. 1157.104. PAYMENT OF PROCEEDS FROM SALE OF
5953	5953	PROPERTY SECURING DEBT
5954	5954	Sec. 1157.105. CLAIMANT'S PETITION FOR ALLOWANCE AND
5955	5955	PAYMENT OF CLAIM
5956	5956	Sec. 1157.106. PAYMENT WHEN ASSETS INSUFFICIENT TO PAY
5957	5957	CERTAIN CLAIMS
5958	5958	Sec. 1157.107. PAYMENT OF COURT COSTS RELATING TO
5959	5959	CLAIM
5960	5960	Sec. 1157.108. LIABILITY FOR NONPAYMENT OF CLAIM
5961	5961	[Sections 1157.109-1157.150 reserved for expansion]
5962	5962	SUBCHAPTER D. PRESENTMENT AND PAYMENT OF SECURED CLAIMS
5963	5963	Sec. 1157.151. OPTION TO TREAT CLAIM AS MATURED
5964	5964	SECURED CLAIM OR PREFERRED DEBT AND
5965	5965	LIEN
5966	5966	Sec. 1157.152. PREFERRED DEBT AND LIEN
5967	5967	Sec. 1157.153. PAYMENT OF MATURITIES ON PREFERRED DEBT
5968	5968	AND LIEN
5969	5969	[Sections 1157.154-1157.200 reserved for expansion]
5970	5970	SUBCHAPTER E. CLAIMS INVOLVING GUARDIANS
5971	5971	Sec. 1157.201. CLAIM BY GUARDIAN
5972	5972	Sec. 1157.202. PURCHASE OF CLAIM BY GUARDIAN
5973	5973	PROHIBITED
5974	5974	CHAPTER 1157. PRESENTMENT AND PAYMENT OF CLAIMS
5975	5975	SUBCHAPTER A. PRESENTMENT OF CLAIMS AGAINST
5976	5976	GUARDIANSHIP ESTATE IN GENERAL
5977	5977	Sec. 1157.001. PRESENTMENT OF CLAIM TO GUARDIAN OF THE
5978	5978	ESTATE. A claim may be presented to the guardian of the estate at
5979	5979	any time if:
5980	5980	(1) the estate has not been closed; and
5981	5981	(2) suit on the claim has not been barred by the
5982	5982	general statutes of limitation. (Tex. Prob. Code, Sec. 786(a)
5983	5983	(part).)
5984	5984	Sec. 1157.002. PRESENTMENT OF CLAIM TO CLERK. (a) A claim
5985	5985	may also be presented by depositing the claim with the clerk with
5986	5986	vouchers and the necessary exhibits and affidavit attached to the
5987	5987	claim. On receiving a claim deposited under this subsection, the
5988	5988	clerk shall advise the guardian of the estate or the guardian's
5989	5989	attorney of the deposit of the claim by a letter mailed to the
5990	5990	guardian's last known address.
5991	5991	(b) A claim deposited under Subsection (a) is presumed to be
5992	5992	rejected if the guardian fails to act on the claim on or before the
5993	5993	30th day after the date the claim is filed.
5994	5994	(c) Failure of the clerk to give the notice required under
5995	5995	Subsection (a) does not affect the validity of the presentment or
5996	5996	the presumption of rejection of the claim because the guardian does
5997	5997	not act on the claim within the 30-day period prescribed by
5998	5998	Subsection (b). (Tex. Prob. Code, Sec. 795.)
5999	5999	Sec. 1157.003. INCLUSION OF ATTORNEY'S FEES IN CLAIM. If
6000	6000	the instrument evidencing or supporting a claim provides for
6001	6001	attorney's fees, the claimant may include as a part of the claim the
6002	6002	portion of the attorney's fees the claimant has paid or contracted
6003	6003	to pay to an attorney to prepare, present, and collect the claim.
6004	6004	(Tex. Prob. Code, Sec. 794.)
6005	6005	Sec. 1157.004. AFFIDAVIT AUTHENTICATING CLAIM FOR MONEY IN
6006	6006	GENERAL. (a) Except as provided by Sections 1157.005 and 1157.102,
6007	6007	a claim for money against an estate must be supported by an
6008	6008	affidavit that states:
6009	6009	(1) that the claim is just;
6010	6010	(2) that all legal offsets, payments, and credits
6011	6011	known to the affiant have been allowed; and
6012	6012	(3) if the claim is not founded on a written instrument
6013	6013	or account, the facts on which the claim is founded.
6014	6014	(b) A photostatic copy of an exhibit or voucher necessary to
6015	6015	prove a claim under this section may be offered with and attached to
6016	6016	the claim instead of attaching the original. (Tex. Prob. Code, Sec.
6017	6017	788 (part).)
6018	6018	Sec. 1157.005. AFFIDAVIT AUTHENTICATING CLAIM OF
6019	6019	CORPORATION OR BY CERTAIN OTHER REPRESENTATIVES. (a) The cashier,
6020	6020	treasurer, or managing official of a corporation shall make the
6021	6021	affidavit required to authenticate a claim of the corporation.
6022	6022	(b) In an affidavit made by an officer of a corporation, or
6023	6023	by an executor, administrator, guardian, trustee, assignee, agent,
6024	6024	or attorney, it is sufficient to state that the affiant has made
6025	6025	diligent inquiry and examination and believes the claim is just and
6026	6026	that all legal offsets, payments, and credits made known to the
6027	6027	affiant have been allowed. (Tex. Prob. Code, Sec. 791.)
6028	6028	Sec. 1157.006. LOST OR DESTROYED EVIDENCE CONCERNING CLAIM.
6029	6029	If evidence of a claim is lost or destroyed, the claimant or the
6030	6030	claimant's representative may make an affidavit to the fact of the
6031	6031	loss or destruction. The affidavit must state:
6032	6032	(1) the amount, date, and nature of the claim;
6033	6033	(2) the due date of the claim;
6034	6034	(3) that the claim is just;
6035	6035	(4) that all legal offsets, payments, and credits
6036	6036	known to the affiant have been allowed; and
6037	6037	(5) that the claimant is still the owner of the claim.
6038	6038	(Tex. Prob. Code, Sec. 790 (part).)
6039	6039	Sec. 1157.007. WAIVER OF CERTAIN DEFECTS OF FORM OR CLAIMS
6040	6040	OF INSUFFICIENCY. A defect of form or a claim of insufficiency of a
6041	6041	presented exhibit or voucher is considered waived by the guardian
6042	6042	of the estate unless a written objection to the form, exhibit, or
6043	6043	voucher is:
6044	6044	(1) made not later than the 30th day after the date the
6045	6045	claim is presented; and
6046	6046	(2) filed with the county clerk. (Tex. Prob. Code,
6047	6047	Sec. 789.)
6048	6048	Sec. 1157.008. EFFECT ON STATUTES OF LIMITATION OF FILING
6049	6049	OF OR SUIT ON CLAIM. The general statutes of limitation are tolled
6050	6050	by:
6051	6051	(1) filing a claim that is legally allowed and
6052	6052	approved; or
6053	6053	(2) bringing a suit on a rejected and disapproved
6054	6054	claim not later than the 90th day after the date the claim is
6055	6055	rejected or disapproved. (Tex. Prob. Code, Sec. 787.)
6056	6056	[Sections 1157.009-1157.050 reserved for expansion]
6057	6057	SUBCHAPTER B. ACTION ON CLAIMS
6058	6058	Sec. 1157.051. ALLOWANCE OR REJECTION OF CLAIM. A guardian
6059	6059	of the estate shall, not later than the 30th day after the date an
6060	6060	authenticated claim against the guardianship estate is presented to
6061	6061	the guardian or filed with the clerk as provided by this chapter,
6062	6062	endorse on or attach to the claim a memorandum signed by the
6063	6063	guardian stating:
6064	6064	(1) the date of presentation or filing of the claim;
6065	6065	and
6066	6066	(2) whether the guardian allows or rejects the claim,
6067	6067	or, if the guardian allows or rejects a part of the claim, the
6068	6068	portion of the claim the guardian allows or rejects. (Tex. Prob.
6069	6069	Code, Sec. 796.)
6070	6070	Sec. 1157.052. FAILURE TO ENDORSE OR ATTACH MEMORANDUM OR
6071	6071	ALLOW OR REJECT CLAIM. The failure of a guardian of the estate to
6072	6072	endorse on or attach to a claim presented to the guardian the
6073	6073	memorandum required by Section 1157.051 or, not later than the 30th
6074	6074	day after the date a claim is presented, to allow or reject the
6075	6075	claim or portion of the claim constitutes a rejection of the claim.
6076	6076	If the claim is later established by suit:
6077	6077	(1) the costs shall be taxed against the guardian,
6078	6078	individually; or
6079	6079	(2) the guardian may be removed as in other cases of
6080	6080	removal on the written complaint of any person interested in the
6081	6081	claim after personal service of citation, hearing, and proof.
6082	6082	(Tex. Prob. Code, Sec. 797.)
6083	6083	Sec. 1157.053. CLAIM ENTERED ON CLAIM DOCKET. After a claim
6084	6084	against a ward's estate has been presented to and allowed by the
6085	6085	guardian of the estate, wholly or partly, the claim must be filed
6086	6086	with the county clerk of the proper county. The clerk shall enter
6087	6087	the claim on the claim docket. (Tex. Prob. Code, Sec. 798.)
6088	6088	Sec. 1157.054. CONTEST OF CLAIM. (a) A person interested
6089	6089	in a ward may, at any time before the court has acted on a claim,
6090	6090	appear and object in writing to the approval of the claim or any
6091	6091	part of the claim.
6092	6092	(b) If a person objects under Subsection (a):
6093	6093	(1) the parties are entitled to process for witnesses;
6094	6094	and
6095	6095	(2) the court shall hear evidence and render judgment
6096	6096	as in ordinary suits. (Tex. Prob. Code, Sec. 799(a).)
6097	6097	Sec. 1157.055. COURT'S ACTION ON CLAIM. The court shall:
6098	6098	(1) approve, wholly or partly, or reject a claim that
6099	6099	has been allowed and entered on the claim docket for a period of 10
6100	6100	days; and
6101	6101	(2) concurrently classify the claim. (Tex. Prob.
6102	6102	Code, Sec. 799(b).)
6103	6103	Sec. 1157.056. HEARING ON CERTAIN CLAIMS. (a) If a claim
6104	6104	is properly authenticated and allowed, but the court is not
6105	6105	satisfied that the claim is just, the court shall:
6106	6106	(1) examine the claimant and the guardian of the
6107	6107	estate under oath; and
6108	6108	(2) hear other evidence necessary to determine the
6109	6109	issue.
6110	6110	(b) If after the examination and hearing the court is not
6111	6111	convinced that the claim is just, the court shall disapprove the
6112	6112	claim. (Tex. Prob. Code, Sec. 799(c).)
6113	6113	Sec. 1157.057. COURT ORDER REGARDING ACTION ON CLAIM. (a)
6114	6114	The court acting on a claim shall endorse on or attach to the claim a
6115	6115	written memorandum that:
6116	6116	(1) is dated and officially signed; and
6117	6117	(2) states:
6118	6118	(A) the exact action taken by the court on the
6119	6119	claim, whether the claim is approved or disapproved, or is approved
6120	6120	in part and rejected in part; and
6121	6121	(B) the classification of the claim.
6122	6122	(b) An order under Subsection (a) has the effect of a final
6123	6123	judgment. (Tex. Prob. Code, Sec. 799(d).)
6124	6124	Sec. 1157.058. APPEAL OF COURT'S ACTION ON CLAIM. If a
6125	6125	claimant or any person interested in a ward is dissatisfied with the
6126	6126	court's action on a claim, the claimant or interested person may
6127	6127	appeal the action to the court of appeals in the manner other
6128	6128	judgments of the county court in probate matters are appealed.
6129	6129	(Tex. Prob. Code, Sec. 799(e).)
6130	6130	Sec. 1157.059. ALLOWANCE AND APPROVAL PROHIBITED WITHOUT
6131	6131	AFFIDAVIT. Except as provided by Section 1157.102, a guardian of
6132	6132	the estate may not allow, and the court may not approve, a claim for
6133	6133	money against the estate unless the claim is supported by an
6134	6134	affidavit that meets the applicable requirements of Sections
6135	6135	1157.004 and 1157.005. (Tex. Prob. Code, Sec. 788 (part).)
6136	6136	Sec. 1157.060. UNSECURED CLAIMS BARRED UNDER CERTAIN
6137	6137	CIRCUMSTANCES. A claim of an unsecured creditor for money that is
6138	6138	not presented within the time prescribed by the notice of
6139	6139	presentment permitted by Section 1153.004 is barred. (Tex. Prob.
6140	6140	Code, Sec. 786(a) (part).)
6141	6141	Sec. 1157.061. ALLOWING BARRED CLAIM PROHIBITED; COURT
6142	6142	DISAPPROVAL. A guardian of the estate may not allow a claim against
6143	6143	a ward if a suit on the claim is barred by an applicable general
6144	6144	statute of limitation. A claim against a ward that is allowed by
6145	6145	the guardian shall be disapproved if the court is satisfied that the
6146	6146	limitation has run. (Tex. Prob. Code, Sec. 786(b).)
6147	6147	Sec. 1157.062. CERTAIN ACTIONS ON CLAIMS WITH LOST OR
6148	6148	DESTROYED EVIDENCE VOID. (a) Before a claim the evidence for which
6149	6149	is lost or destroyed is approved, the claim must be proved by
6150	6150	disinterested testimony taken in open court or by oral or written
6151	6151	deposition.
6152	6152	(b) The allowance or approval of a claim the evidence for
6153	6153	which is lost or destroyed is void if the claim is:
6154	6154	(1) allowed or approved without the affidavit under
6155	6155	Section 1157.006; or
6156	6156	(2) approved without satisfactory proof. (Tex. Prob.
6157	6157	Code, Sec. 790 (part).)
6158	6158	Sec. 1157.063. SUIT ON REJECTED CLAIM. (a) A claim or part
6159	6159	of a claim that has been rejected by the guardian of the estate is
6160	6160	barred unless not later than the 90th day after the date of
6161	6161	rejection the claimant commences suit on the claim in the court of
6162	6162	original probate jurisdiction in which the guardianship is pending
6163	6163	or in any other court of proper jurisdiction.
6164	6164	(b) In a suit commenced on the rejected claim, the
6165	6165	memorandum endorsed on or attached to the claim is taken to be true
6166	6166	without further proof unless denied under oath. (Tex. Prob. Code,
6167	6167	Sec. 800 (part).)
6168	6168	Sec. 1157.064. PRESENTMENT OF CLAIM PREREQUISITE FOR
6169	6169	JUDGMENT. (a) Except as provided by Subsection (b), a judgment may
6170	6170	not be rendered in favor of a claimant on a claim for money that has
6171	6171	not been:
6172	6172	(1) legally presented to the guardian of the estate of
6173	6173	the ward; and
6174	6174	(2) wholly or partly rejected by the guardian or the
6175	6175	court.
6176	6176	(b) Subsection (a) does not apply to a claim against the
6177	6177	estate of a ward for delinquent ad valorem taxes that is being
6178	6178	administered in probate in a county other than the county in which
6179	6179	the taxes were imposed. (Tex. Prob. Code, Sec. 801.)
6180	6180	Sec. 1157.065. JUDGMENT IN SUIT ON REJECTED CLAIM. No
6181	6181	execution may issue on a rejected claim or part of a claim that is
6182	6182	established by suit. The judgment in the suit shall be:
6183	6183	(1) certified not later than the 30th day after the
6184	6184	date of rendition, if the judgment is from a court other than the
6185	6185	court of original probate jurisdiction;
6186	6186	(2) filed in the court in which the guardianship is
6187	6187	pending;
6188	6188	(3) entered on the claim docket;
6189	6189	(4) classified by the court; and
6190	6190	(5) handled as if originally allowed and approved in
6191	6191	due course of administration. (Tex. Prob. Code, Sec. 800 (part).)
6192	6192	[Sections 1157.066-1157.100 reserved for expansion]
6193	6193	SUBCHAPTER C. PAYMENT OF CLAIMS, ALLOWANCES, AND EXPENSES
6194	6194	Sec. 1157.101. PAYMENT OF APPROVED OR ESTABLISHED CLAIM.
6195	6195	Except as provided for payment of an unauthenticated claim at the
6196	6196	risk of a guardian, a claim or any part of a claim for money against
6197	6197	the estate of a ward may not be paid until the claim or part of the
6198	6198	claim has been approved by the court or established by the judgment
6199	6199	of a court of competent jurisdiction. (Tex. Prob. Code, Sec. 804.)
6200	6200	Sec. 1157.102. PAYMENT OF UNAUTHENTICATED CLAIM. (a)
6201	6201	Subject to Subsection (b), a guardian of the estate may pay an
6202	6202	unauthenticated claim against the ward's estate if the guardian
6203	6203	believes the claim to be just.
6204	6204	(b) A guardian who pays a claim under Subsection (a) and the
6205	6205	sureties on the guardian's bond are liable for the amount of any
6206	6206	payment of the claim if the court finds that the claim is not just.
6207	6207	(Tex. Prob. Code, Sec. 792.)
6208	6208	Sec. 1157.103. PRIORITY OF PAYMENT OF CLAIMS. (a) Except
6209	6209	as provided by Subsection (b), the guardian of the estate shall pay
6210	6210	a claim against the ward's estate that has been allowed and approved
6211	6211	or established by suit, as soon as practicable and in the following
6212	6212	order:
6213	6213	(1) expenses for the care, maintenance, and education
6214	6214	of the ward or the ward's dependents;
6215	6215	(2) funeral expenses of the ward and expenses of the
6216	6216	ward's last illness, if the guardianship is kept open after the
6217	6217	ward's death as provided under this title, except that any claim
6218	6218	against the ward's estate that has been allowed and approved or
6219	6219	established by suit before the ward's death shall be paid before the
6220	6220	funeral expenses and expenses of the last illness;
6221	6221	(3) expenses of administration; and
6222	6222	(4) other claims against the ward or the ward's estate.
6223	6223	(b) If the estate is insolvent, the guardian shall give
6224	6224	first priority to the payment of a claim relating to the
6225	6225	administration of the guardianship. The guardian shall pay other
6226	6226	claims against the ward's estate in the order prescribed by
6227	6227	Subsection (a). (Tex. Prob. Code, Secs. 805(a), (b).)
6228	6228	Sec. 1157.104. PAYMENT OF PROCEEDS FROM SALE OF PROPERTY
6229	6229	SECURING DEBT. (a) If a guardian of the estate has on hand the
6230	6230	proceeds of a sale made to satisfy a mortgage or other lien and the
6231	6231	proceeds or any part of the proceeds are not required for the
6232	6232	payment of any debts against the estate that have a preference over
6233	6233	the mortgage or other lien, the guardian shall pay the proceeds to a
6234	6234	holder of the mortgage or other lien.
6235	6235	(b) If the guardian fails to pay the proceeds as required by
6236	6236	this section, the holder of a mortgage or other lien, on proof of
6237	6237	the mortgage or other lien, may obtain an order from the court
6238	6238	directing the payment of proceeds to be made. (Tex. Prob. Code,
6239	6239	Sec. 808.)
6240	6240	Sec. 1157.105. CLAIMANT'S PETITION FOR ALLOWANCE AND
6241	6241	PAYMENT OF CLAIM. A claimant whose claim has not been paid may:
6242	6242	(1) petition the court for determination of the claim
6243	6243	at any time before the claim is barred by an applicable statute of
6244	6244	limitations; and
6245	6245	(2) procure on due proof an order for the claim's
6246	6246	allowance and payment from the estate. (Tex. Prob. Code, Sec.
6247	6247	805(c).)
6248	6248	Sec. 1157.106. PAYMENT WHEN ASSETS INSUFFICIENT TO PAY
6249	6249	CERTAIN CLAIMS. (a) If there are insufficient assets to pay all
6250	6250	claims of the same class, the claims in that class shall be paid pro
6251	6251	rata, as directed by the court, and in the order directed.
6252	6252	(b) A guardian of the estate may not be allowed to pay any
6253	6253	claims other than with the pro rata amount of the estate funds that
6254	6254	have come into the guardian's possession, regardless of whether the
6255	6255	estate is solvent or insolvent. (Tex. Prob. Code, Sec. 806.)
6256	6256	Sec. 1157.107. PAYMENT OF COURT COSTS RELATING TO CLAIM.
6257	6257	All costs incurred in the probate court with respect to a claim are
6258	6258	taxed as follows:
6259	6259	(1) if the claim is allowed and approved, the
6260	6260	guardianship estate shall pay the costs;
6261	6261	(2) if the claim is allowed but disapproved, the
6262	6262	claimant shall pay the costs;
6263	6263	(3) if the claim is rejected but established by suit,
6264	6264	the guardianship estate shall pay the costs;
6265	6265	(4) if the claim is rejected but not established by
6266	6266	suit, the claimant shall pay the costs; or
6267	6267	(5) in a suit to establish the claim after the claim is
6268	6268	rejected in part, if the claimant fails to recover judgment for a
6269	6269	greater amount than was allowed or approved for the claim, the
6270	6270	claimant shall pay all costs. (Tex. Prob. Code, Sec. 802.)
6271	6271	Sec. 1157.108. LIABILITY FOR NONPAYMENT OF CLAIM. (a) A
6272	6272	person or claimant, except the state treasury, entitled to payment
6273	6273	from a guardianship estate of money the court orders to be paid is
6274	6274	authorized to have execution issued against the property of the
6275	6275	guardianship for the amount due, with interest and costs, if:
6276	6276	(1) a guardian of the estate fails to pay the money on
6277	6277	demand;
6278	6278	(2) guardianship estate funds are available to make
6279	6279	the payment; and
6280	6280	(3) the person or claimant makes an affidavit of the
6281	6281	demand for payment and the guardian's failure to pay.
6282	6282	(b) The court may cite the guardian and the sureties on the
6283	6283	guardian's bond to show cause why the guardian or sureties should
6284	6284	not be held liable for the debt, interest, costs, or damages:
6285	6285	(1) on return of the execution under Subsection (a)
6286	6286	not satisfied; or
6287	6287	(2) on the affidavit of demand and failure to pay under
6288	6288	Subsection (a).
6289	6289	(c) On the return of citation served under Subsection (b),
6290	6290	the court shall render judgment against the cited guardian and
6291	6291	sureties, in favor of the claim holder, if good cause why the
6292	6292	guardian and sureties should not be held liable is not shown. The
6293	6293	judgment must be for:
6294	6294	(1) the unpaid amount ordered to be paid or
6295	6295	established by suit, with interest and costs; and
6296	6296	(2) damages on the amount neglected to be paid at the
6297	6297	rate of five percent per month for each month, or fraction of a
6298	6298	month, that the payment was neglected to be paid after demand for
6299	6299	payment was made.
6300	6300	(d) Damages ordered under Subsection (c)(2) may be
6301	6301	collected in any court of competent jurisdiction. (Tex. Prob. Code,
6302	6302	Sec. 809.)
6303	6303	[Sections 1157.109-1157.150 reserved for expansion]
6304	6304	SUBCHAPTER D. PRESENTMENT AND PAYMENT OF SECURED CLAIMS
6305	6305	Sec. 1157.151. OPTION TO TREAT CLAIM AS MATURED SECURED
6306	6306	CLAIM OR PREFERRED DEBT AND LIEN. (a) If a secured claim against a
6307	6307	ward is presented, the claimant shall specify in the claim, in
6308	6308	addition to all other matters required to be specified in the claim,
6309	6309	whether the claim shall be:
6310	6310	(1) allowed and approved as a matured secured claim to
6311	6311	be paid in due course of administration, in which case the claim
6312	6312	shall be paid in that manner if allowed and approved; or
6313	6313	(2) allowed, approved, and fixed as a preferred debt
6314	6314	and lien against the specific property securing the indebtedness
6315	6315	and paid according to the terms of the contract that secured the
6316	6316	lien, in which case the claim shall be so allowed and approved if it
6317	6317	is a valid lien.
6318	6318	(b) Notwithstanding Subsection (a)(2), the guardian of the
6319	6319	estate may pay a claim that the claimant specified as a claim to be
6320	6320	allowed, approved, and fixed as a preferred debt and lien as
6321	6321	described by Subsection (a)(2) before maturity if that payment is
6322	6322	in the best interests of the estate.
6323	6323	(c) If a secured claim is not presented within the time
6324	6324	provided by law, the claim shall be treated as a claim to be paid in
6325	6325	accordance with Subsection (a)(2). (Tex. Prob. Code, Secs. 793(a),
6326	6326	(b).)
6327	6327	Sec. 1157.152. PREFERRED DEBT AND LIEN. When a claim for a
6328	6328	debt has been allowed and approved under Section 1157.151(a)(2):
6329	6329	(1) a further claim for the debt may not be made
6330	6330	against other estate assets;
6331	6331	(2) the claim remains a preferred lien against the
6332	6332	property securing the claim; and
6333	6333	(3) the property remains security for the debt in any
6334	6334	distribution or sale of the property before final maturity and
6335	6335	payment of the debt. (Tex. Prob. Code, Sec. 793(c).)
6336	6336	Sec. 1157.153. PAYMENT OF MATURITIES ON PREFERRED DEBT AND
6337	6337	LIEN. (a) If, not later than the 12th month after the date letters
6338	6338	of guardianship are granted, the property securing a debt for which
6339	6339	a claim is allowed, approved, and fixed under Section
6340	6340	1157.151(a)(2) is not sold or distributed, the guardian of the
6341	6341	estate shall:
6342	6342	(1) promptly pay all maturities that have accrued on
6343	6343	the debt according to the terms of the maturities; and
6344	6344	(2) perform all the terms of any contract securing the
6345	6345	maturities.
6346	6346	(b) If the guardian defaults in payment or performance under
6347	6347	Subsection (a):
6348	6348	(1) on the motion of the claim holder, the court shall
6349	6349	require the sale of the property subject to the unmatured part of
6350	6350	the debt and apply the proceeds of the sale to the liquidation of
6351	6351	the maturities; or
6352	6352	(2) at the claim holder's option, a motion may be made
6353	6353	in the same manner as a motion under Subdivision (1) to require the
6354	6354	sale of the property free of the lien and apply the proceeds to the
6355	6355	payment of the whole debt. (Tex. Prob. Code, Sec. 793(d).)
6356	6356	[Sections 1157.154-1157.200 reserved for expansion]
6357	6357	SUBCHAPTER E. CLAIMS INVOLVING GUARDIANS
6358	6358	Sec. 1157.201. CLAIM BY GUARDIAN. (a) A claim that a
6359	6359	guardian of the person or estate held against the ward at the time
6360	6360	of the guardian's appointment, or that accrues after the
6361	6361	appointment, shall be verified by affidavit as required in other
6362	6362	cases and presented to the clerk of the court in which the
6363	6363	guardianship is pending. The clerk shall enter the claim on the
6364	6364	claim docket and the claim shall take the same course as other
6365	6365	claims.
6366	6366	(b) A claim by a guardian that has been filed with the court
6367	6367	within the required period shall be entered on the claim docket and
6368	6368	acted on by the court in the same manner as in other cases.
6369	6369	(c) An appeal from a judgment of the court acting on a claim
6370	6370	under this section may be taken as in other cases. (Tex. Prob.
6371	6371	Code, Sec. 803.)
6372	6372	Sec. 1157.202. PURCHASE OF CLAIM BY GUARDIAN PROHIBITED.
6373	6373	(a) A guardian may not purchase, for the guardian's own use or for
6374	6374	any other purpose, a claim against the guardianship the guardian
6375	6375	represents.
6376	6376	(b) On written complaint by a person interested in the
6377	6377	guardianship estate and on satisfactory proof of a violation of
6378	6378	Subsection (a), the court after citation and hearing shall enter an
6379	6379	order canceling the claim described by Subsection (a). No part of
6380	6380	the canceled claim may be paid out of the guardianship.
6381	6381	(c) The court may remove a guardian for a violation of this
6382	6382	section. (Tex. Prob. Code, Sec. 807.)
6383	6383	CHAPTER 1158. SALE OR PARTITION OF WARD'S PROPERTY
6384	6384	SUBCHAPTER A. GENERAL PROVISIONS
6385	6385	Sec. 1158.001. COURT ORDER AUTHORIZING SALE
6386	6386	[Sections 1158.002-1158.050 reserved for expansion]
6387	6387	SUBCHAPTER B. CERTAIN ESTATE PROPERTY REQUIRED TO BE SOLD
6388	6388	Sec. 1158.051. SALE OF CERTAIN PERSONAL PROPERTY
6389	6389	REQUIRED
6390	6390	[Sections 1158.052-1158.100 reserved for expansion]
6391	6391	SUBCHAPTER C. SALE OF PERSONAL PROPERTY
6392	6392	Sec. 1158.101. ORDER FOR SALE
6393	6393	Sec. 1158.102. REQUIREMENTS FOR APPLICATION AND ORDER
6394	6394	Sec. 1158.103. SALE AT PUBLIC AUCTION
6395	6395	Sec. 1158.104. SALE ON CREDIT
6396	6396	Sec. 1158.105. REPORT; EVIDENCE OF TITLE
6397	6397	[Sections 1158.106-1158.150 reserved for expansion]
6398	6398	SUBCHAPTER D. SALE OF LIVESTOCK
6399	6399	Sec. 1158.151. AUTHORITY FOR SALE
6400	6400	Sec. 1158.152. CONTENTS OF APPLICATION; HEARING
6401	6401	Sec. 1158.153. GRANT OF APPLICATION
6402	6402	Sec. 1158.154. REPORT; PASSAGE OF TITLE
6403	6403	Sec. 1158.155. COMMISSION MERCHANT CHARGES
6404	6404	[Sections 1158.156-1158.200 reserved for expansion]
6405	6405	SUBCHAPTER E. SALE OF MORTGAGED PROPERTY
6406	6406	Sec. 1158.201. APPLICATION FOR SALE OF MORTGAGED
6407	6407	PROPERTY
6408	6408	Sec. 1158.202. CITATION
6409	6409	Sec. 1158.203. ORDER
6410	6410	[Sections 1158.204-1158.250 reserved for expansion]
6411	6411	SUBCHAPTER F. SALE OF REAL PROPERTY: APPLICATION AND ORDER FOR SALE
6412	6412	Sec. 1158.251. APPLICATION FOR ORDER OF SALE
6413	6413	Sec. 1158.252. CONTENTS OF APPLICATION
6414	6414	Sec. 1158.253. CITATION
6415	6415	Sec. 1158.254. OPPOSITION TO SALE
6416	6416	Sec. 1158.255. HEARING ON APPLICATION AND ANY
6417	6417	OPPOSITION
6418	6418	Sec. 1158.256. ORDER
6419	6419	Sec. 1158.257. SALE FOR PAYMENT OF DEBTS
6420	6420	[Sections 1158.258-1158.300 reserved for expansion]
6421	6421	SUBCHAPTER G. SALE OF REAL ESTATE: TERMS OF SALE
6422	6422	Sec. 1158.301. PERMISSIBLE TERMS
6423	6423	Sec. 1158.302. SALE ON CREDIT
6424	6424	[Sections 1158.303-1158.350 reserved for expansion]
6425	6425	SUBCHAPTER H. RECONVEYANCE OF REAL ESTATE FOLLOWING FORECLOSURE
6426	6426	Sec. 1158.351. APPLICABILITY OF SUBCHAPTER
6427	6427	Sec. 1158.352. APPLICATION AND ORDER FOR RECONVEYANCE
6428	6428	Sec. 1158.353. EXCHANGE FOR BONDS
6429	6429	[Sections 1158.354-1158.400 reserved for expansion]
6430	6430	SUBCHAPTER I. SALE OF REAL ESTATE: PUBLIC SALE
6431	6431	Sec. 1158.401. REQUIRED NOTICE
6432	6432	Sec. 1158.402. METHOD OF SALE
6433	6433	Sec. 1158.403. TIME AND PLACE OF SALE
6434	6434	Sec. 1158.404. CONTINUANCE OF SALE
6435	6435	Sec. 1158.405. FAILURE OF BIDDER TO COMPLY
6436	6436	[Sections 1158.406-1158.450 reserved for expansion]
6437	6437	SUBCHAPTER J. SALE OF REAL ESTATE: PRIVATE SALE
6438	6438	Sec. 1158.451. MANNER OF SALE
6439	6439	[Sections 1158.452-1158.500 reserved for expansion]
6440	6440	SUBCHAPTER K. SALE OF EASEMENT OR RIGHT-OF-WAY
6441	6441	Sec. 1158.501. AUTHORIZATION
6442	6442	Sec. 1158.502. PROCEDURE
6443	6443	[Sections 1158.503-1158.550 reserved for expansion]
6444	6444	SUBCHAPTER L. CONFIRMATION OF SALE OF REAL PROPERTY AND TRANSFER OF
6445	6445	TITLE
6446	6446	Sec. 1158.551. REPORT
6447	6447	Sec. 1158.552. ACTION OF COURT ON REPORT OF SALE
6448	6448	Sec. 1158.553. CONFIRMATION OF SALE WHEN BOND NOT
6449	6449	REQUIRED
6450	6450	Sec. 1158.554. SUFFICIENCY OF BOND
6451	6451	Sec. 1158.555. INCREASED OR ADDITIONAL BOND NOT
6452	6452	REQUIRED
6453	6453	Sec. 1158.556. CONFIRMATION OR DISAPPROVAL ORDER
6454	6454	Sec. 1158.557. DEED
6455	6455	Sec. 1158.558. DELIVERY OF DEED
6456	6456	Sec. 1158.559. DAMAGES; REMOVAL
6457	6457	[Sections 1158.560-1158.600 reserved for expansion]
6458	6458	SUBCHAPTER M. PROCEDURE ON FAILURE TO APPLY FOR SALE
6459	6459	Sec. 1158.601. FAILURE TO APPLY FOR SALE
6460	6460	Sec. 1158.602. COURT ORDER
6461	6461	[Sections 1158.603-1158.650 reserved for expansion]
6462	6462	SUBCHAPTER N. PURCHASE OF ESTATE PROPERTY BY GUARDIAN
6463	6463	Sec. 1158.651. GENERAL PROHIBITION ON PURCHASE
6464	6464	Sec. 1158.652. EXCEPTION: EXECUTORY CONTRACT
6465	6465	Sec. 1158.653. EXCEPTION: BEST INTEREST OF ESTATE
6466	6466	Sec. 1158.654. PURCHASE IN VIOLATION OF SUBCHAPTER
6467	6467	[Sections 1158.655-1158.700 reserved for expansion]
6468	6468	SUBCHAPTER O. PARTITION OF WARD'S INTEREST IN REAL ESTATE
6469	6469	Sec. 1158.701. PARTITION BY AGREEMENT
6470	6470	Sec. 1158.702. APPLICATION FOR APPROVAL OF PARTITION
6471	6471	AGREEMENT
6472	6472	Sec. 1158.703. HEARING
6473	6473	Sec. 1158.704. ORDER
6474	6474	Sec. 1158.705. PARTITION WITHOUT COURT APPROVAL;
6475	6475	RATIFICATION OF PARTITION AGREEMENT
6476	6476	Sec. 1158.706. PARTITION BY SUIT
6477	6477	CHAPTER 1158. SALE OR PARTITION OF WARD'S PROPERTY
6478	6478	SUBCHAPTER A. GENERAL PROVISIONS
6479	6479	Sec. 1158.001. COURT ORDER AUTHORIZING SALE. (a) Except as
6480	6480	provided by this chapter, any property of a ward may not be sold
6481	6481	without a court order authorizing the sale.
6482	6482	(b) Except as otherwise specifically provided by this
6483	6483	title, the court may order property of a ward to be sold for cash or
6484	6484	on credit, at public auction or privately, as the court considers
6485	6485	most advantageous to the estate. (Tex. Prob. Code, Sec. 811.)
6486	6486	[Sections 1158.002-1158.050 reserved for expansion]
6487	6487	SUBCHAPTER B. CERTAIN ESTATE PROPERTY REQUIRED TO BE SOLD
6488	6488	Sec. 1158.051. SALE OF CERTAIN PERSONAL PROPERTY REQUIRED.
6489	6489	(a) After approval of the inventory, appraisement, and list of
6490	6490	claims, the guardian of the estate of a ward promptly shall apply
6491	6491	for a court order to sell, at public auction or privately, for cash
6492	6492	or on credit for a term not to exceed six months, all estate
6493	6493	property that is liable to perish, waste, or deteriorate in value,
6494	6494	or that will be an expense or disadvantage to the estate if kept.
6495	6495	(b) The following may not be included in a sale under
6496	6496	Subsection (a):
6497	6497	(1) property exempt from forced sale;
6498	6498	(2) property that is the subject of a specific legacy;
6499	6499	and
6500	6500	(3) personal property necessary to carry on a farm,
6501	6501	ranch, factory, or other business that is thought best to operate.
6502	6502	(c) In determining whether to order the sale of an asset
6503	6503	under Subsection (a), the court shall consider:
6504	6504	(1) the guardian's duty to take care of and manage the
6505	6505	estate in the manner a person of ordinary prudence, discretion, and
6506	6506	intelligence would manage the person's own affairs; and
6507	6507	(2) whether the asset constitutes an asset that a
6508	6508	trustee is authorized to invest under Subchapter F, Chapter 113,
6509	6509	Property Code, or Chapter 117, Property Code. (Tex. Prob. Code,
6510	6510	Sec. 812.)
6511	6511	[Sections 1158.052-1158.100 reserved for expansion]
6512	6512	SUBCHAPTER C. SALE OF PERSONAL PROPERTY
6513	6513	Sec. 1158.101. ORDER FOR SALE. (a) Except as provided by
6514	6514	Subsection (b), on the application of the guardian of the estate of
6515	6515	a ward or any interested person, the court may order the sale of any
6516	6516	estate personal property not required to be sold by Section
6517	6517	1158.051, including livestock or growing or harvested crops, if the
6518	6518	court finds that the sale of the property is in the best interests
6519	6519	of the ward or the ward's estate to pay, from the proceeds of the
6520	6520	sale:
6521	6521	(1) expenses of the care, maintenance, and education
6522	6522	of the ward or the ward's dependents;
6523	6523	(2) expenses of administration;
6524	6524	(3) allowances;
6525	6525	(4) claims against the ward or the ward's estate; and
6526	6526	(5) if the guardianship is kept open after the death of
6527	6527	the ward, the ward's funeral expenses and expenses of the ward's
6528	6528	last illness.
6529	6529	(b) The court may not order under this section the sale of
6530	6530	exempt property. (Tex. Prob. Code, Sec. 813 (part).)
6531	6531	Sec. 1158.102. REQUIREMENTS FOR APPLICATION AND ORDER. To
6532	6532	the extent possible, an application and order for the sale of estate
6533	6533	personal property under Section 1158.101 must conform to the
6534	6534	requirements under Subchapter F for an application and order for
6535	6535	the sale of real estate. (Tex. Prob. Code, Sec. 813 (part).)
6536	6536	Sec. 1158.103. SALE AT PUBLIC AUCTION. Unless the court
6537	6537	directs otherwise, before estate personal property is sold at
6538	6538	public auction, notice must be:
6539	6539	(1) issued by the guardian of the estate; and
6540	6540	(2) posted in the manner notice is posted for original
6541	6541	proceedings in probate. (Tex. Prob. Code, Sec. 815.)
6542	6542	Sec. 1158.104. SALE ON CREDIT. (a) Estate personal
6543	6543	property may not be sold on credit at public auction for a term of
6544	6544	more than six months from the date of sale.
6545	6545	(b) Estate personal property purchased on credit at public
6546	6546	auction may not be delivered to the purchaser until the purchaser
6547	6547	gives a note for the amount due, with good and solvent personal
6548	6548	security. The requirement that security be provided may be waived
6549	6549	if the property will not be delivered until the note, with interest,
6550	6550	has been paid. (Tex. Prob. Code, Sec. 816.)
6551	6551	Sec. 1158.105. REPORT; EVIDENCE OF TITLE. (a) A sale of
6552	6552	estate personal property shall be reported to the court. The laws
6553	6553	regulating the confirmation or disapproval of a sale of real estate
6554	6554	apply to the sale of personal property, except that a conveyance is
6555	6555	not required.
6556	6556	(b) The court's order confirming the sale of estate personal
6557	6557	property:
6558	6558	(1) vests the right and title of the ward's estate in
6559	6559	the purchaser who has complied with the terms of the sale; and
6560	6560	(2) is prima facie evidence that all requirements of
6561	6561	the law in making the sale have been met.
6562	6562	(c) The guardian of the estate, on request, may issue a bill
6563	6563	of sale without warranty to the purchaser of estate personal
6564	6564	property as evidence of title. The expense of the bill of sale if
6565	6565	requested must be paid by the purchaser. (Tex. Prob. Code, Sec.
6566	6566	818.)
6567	6567	[Sections 1158.106-1158.150 reserved for expansion]
6568	6568	SUBCHAPTER D. SALE OF LIVESTOCK
6569	6569	Sec. 1158.151. AUTHORITY FOR SALE. (a) A guardian of the
6570	6570	estate who has possession of livestock and who considers selling
6571	6571	the livestock to be necessary or to the estate's advantage may, in
6572	6572	addition to any other method provided by law for the sale of
6573	6573	personal property, obtain authority from the court in which the
6574	6574	estate is pending to sell the livestock through:
6575	6575	(1) a bonded livestock commission merchant; or
6576	6576	(2) a bonded livestock auction commission merchant.
6577	6577	(b) The court may authorize the sale of livestock in the
6578	6578	manner described by Subsection (a) on a written and sworn
6579	6579	application by the guardian or any person interested in the estate.
6580	6580	(Tex. Prob. Code, Secs. 814(a), (b) (part).)
6581	6581	Sec. 1158.152. CONTENTS OF APPLICATION; HEARING. (a) An
6582	6582	application under Section 1158.151 must:
6583	6583	(1) describe the livestock sought to be sold; and
6584	6584	(2) state why granting the application is necessary or
6585	6585	to the estate's advantage.
6586	6586	(b) The court:
6587	6587	(1) shall consider the application; and
6588	6588	(2) may hear evidence for or against the application,
6589	6589	with or without notice, as the facts warrant. (Tex. Prob. Code,
6590	6590	Sec. 814(b) (part).)
6591	6591	Sec. 1158.153. GRANT OF APPLICATION. If the court grants an
6592	6592	application for the sale of livestock, the court shall:
6593	6593	(1) enter an order to that effect; and
6594	6594	(2) authorize delivery of the livestock to a
6595	6595	commission merchant described by Section 1158.151(a) for sale in
6596	6596	the regular course of business. (Tex. Prob. Code, Sec. 814(c)
6597	6597	(part).)
6598	6598	Sec. 1158.154. REPORT; PASSAGE OF TITLE. The guardian of
6599	6599	the estate shall promptly report to the court a sale of livestock,
6600	6600	supported by a verified copy of the commission merchant's account
6601	6601	of the sale. A court order of confirmation is not required to pass
6602	6602	title to the purchaser of the livestock. (Tex. Prob. Code, Sec.
6603	6603	814(c) (part).)
6604	6604	Sec. 1158.155. COMMISSION MERCHANT CHARGES. The commission
6605	6605	merchant shall be paid the commission merchant's usual and
6606	6606	customary charges, not to exceed five percent of the sale price, for
6607	6607	the sale of the livestock. (Tex. Prob. Code, Sec. 814(c) (part).)
6608	6608	[Sections 1158.156-1158.200 reserved for expansion]
6609	6609	SUBCHAPTER E. SALE OF MORTGAGED PROPERTY
6610	6610	Sec. 1158.201. APPLICATION FOR SALE OF MORTGAGED PROPERTY.
6611	6611	On the filing of a written application, a creditor holding a claim
6612	6612	that is secured by a valid mortgage or other lien and that has been
6613	6613	allowed and approved or established by suit may obtain from the
6614	6614	court in which the guardianship is pending an order requiring that
6615	6615	the property securing the lien, or as much of the property as is
6616	6616	necessary to satisfy the creditor's claim, be sold. (Tex. Prob.
6617	6617	Code, Sec. 817 (part).)
6618	6618	Sec. 1158.202. CITATION. On the filing of an application
6619	6619	under Section 1158.201, the clerk shall issue a citation requiring
6620	6620	the guardian of the estate to appear and show cause why the
6621	6621	application should not be granted. (Tex. Prob. Code, Sec. 817
6622	6622	(part).)
6623	6623	Sec. 1158.203. ORDER. The court may order the lien securing
6624	6624	the claim of a creditor who files an application under Section
6625	6625	1158.201 to be discharged out of general estate assets or
6626	6626	refinanced if the discharge or refinance of the lien appears to the
6627	6627	court to be advisable. Otherwise, the court shall grant the
6628	6628	application and order that the property securing the lien be sold at
6629	6629	public or private sale, as the court considers best, as in an
6630	6630	ordinary sale of real estate. (Tex. Prob. Code, Sec. 817 (part).)
6631	6631	[Sections 1158.204-1158.250 reserved for expansion]
6632	6632	SUBCHAPTER F. SALE OF REAL PROPERTY: APPLICATION AND ORDER FOR SALE
6633	6633	Sec. 1158.251. APPLICATION FOR ORDER OF SALE. An
6634	6634	application may be made to the court for an order to sell real
6635	6635	property of a ward's estate if the sale appears necessary or
6636	6636	advisable to:
6637	6637	(1) pay:
6638	6638	(A) expenses of administration, allowances, and
6639	6639	claims against the ward or the ward's estate; and
6640	6640	(B) if the guardianship is kept open after the
6641	6641	death of the ward, the ward's funeral expenses and expenses of the
6642	6642	ward's last illness;
6643	6643	(2) make up the deficiency if the income of a ward's
6644	6644	estate, the personal property of the estate, and the proceeds of
6645	6645	previous sales are insufficient to pay for the education and
6646	6646	maintenance of the ward or to pay debts against the estate;
6647	6647	(3) dispose of property of the ward's estate that
6648	6648	consists wholly or partly of an undivided interest in real estate if
6649	6649	considered in the best interests of the estate to sell the interest;
6650	6650	(4) dispose of real estate of a ward, any part of which
6651	6651	is nonproductive or does not produce sufficient revenue to make a
6652	6652	fair return on the value of the real estate, if:
6653	6653	(A) the improvement of the real estate with a
6654	6654	view to making the property productive is not considered
6655	6655	advantageous or advisable; and
6656	6656	(B) the sale of the real estate and the
6657	6657	investment of the money derived from that sale appears to be in the
6658	6658	estate's best interests; or
6659	6659	(5) conserve the ward's estate by selling mineral
6660	6660	interest or royalties on minerals in place owned by the ward. (Tex.
6661	6661	Prob. Code, Sec. 820.)
6662	6662	Sec. 1158.252. CONTENTS OF APPLICATION. An application for
6663	6663	the sale of real estate must:
6664	6664	(1) be in writing;
6665	6665	(2) describe:
6666	6666	(A) the real estate sought to be sold; or
6667	6667	(B) the interest in or part of the real estate
6668	6668	sought to be sold; and
6669	6669	(3) be accompanied by an exhibit, verified by an
6670	6670	affidavit, showing fully and in detail:
6671	6671	(A) the estate's condition;
6672	6672	(B) the charges and claims that have been
6673	6673	approved or established by suit or that have been rejected and may
6674	6674	be established later;
6675	6675	(C) the amount of each claim described by
6676	6676	Paragraph (B);
6677	6677	(D) the estate property remaining on hand that is
6678	6678	liable for the payment of the claims described by Paragraph (B); and
6679	6679	(E) any other facts showing the necessity for or
6680	6680	advisability of the sale. (Tex. Prob. Code, Sec. 821.)
6681	6681	Sec. 1158.253. CITATION. On the filing of an application
6682	6682	for the sale of real estate under Section 1158.251, accompanied by
6683	6683	an exhibit described by Section 1158.252, the clerk shall issue a
6684	6684	citation to all persons interested in the guardianship. The
6685	6685	citation must:
6686	6686	(1) describe the real estate or the interest in or part
6687	6687	of the real estate sought to be sold;
6688	6688	(2) inform the interested persons of the right under
6689	6689	Section 1158.254 to file an opposition to the sale during the period
6690	6690	prescribed by the court in the citation; and
6691	6691	(3) be served by posting. (Tex. Prob. Code, Sec. 823.)
6692	6692	Sec. 1158.254. OPPOSITION TO SALE. During the period
6693	6693	prescribed in a citation issued under Section 1158.253, a person
6694	6694	interested in the guardianship may file:
6695	6695	(1) a written opposition to the sale; or
6696	6696	(2) an application for the sale of other estate
6697	6697	property. (Tex. Prob. Code, Sec. 824.)
6698	6698	Sec. 1158.255. HEARING ON APPLICATION AND ANY OPPOSITION.
6699	6699	(a) The clerk of the court in which an application for an order of
6700	6700	sale is filed shall immediately call to the judge's attention any
6701	6701	opposition to the sale that is filed during the period prescribed in
6702	6702	the citation issued under Section 1158.253. The court shall hold a
6703	6703	hearing on the application if an opposition to the sale is filed
6704	6704	during the period prescribed in the citation.
6705	6705	(b) A hearing on an application for an order of sale is not
6706	6706	required under this section if no opposition to the application is
6707	6707	filed during the period prescribed in the citation. The court may
6708	6708	determine that a hearing on the application is necessary even if no
6709	6709	opposition is filed during that period.
6710	6710	(c) If the court orders a hearing under Subsection (a) or
6711	6711	(b), the court shall designate in writing a date and time for the
6712	6712	hearing on the application and any opposition, together with the
6713	6713	evidence pertaining to the application and any opposition. The
6714	6714	clerk shall issue a notice of the date and time of the hearing to the
6715	6715	applicant and to each person who files an opposition to the sale, if
6716	6716	applicable.
6717	6717	(d) The judge, by entries on the docket, may continue a
6718	6718	hearing held under this section from time to time until the judge is
6719	6719	satisfied concerning the application. (Tex. Prob. Code, Sec.
6720	6720	824A.)
6721	6721	Sec. 1158.256. ORDER. (a) The court shall order the sale
6722	6722	of the property of the estate described in an application under
6723	6723	Section 1158.251 if the court is satisfied that the sale is
6724	6724	necessary or advisable. Otherwise, the court may deny the
6725	6725	application and, if the court considers it best, may order the sale
6726	6726	of other estate property the sale of which would be more
6727	6727	advantageous to the estate.
6728	6728	(b) An order for the sale of real estate under this section
6729	6729	must specify:
6730	6730	(1) the property to be sold, including a description
6731	6731	that identifies that property;
6732	6732	(2) whether the property is to be sold at public
6733	6733	auction or private sale and, if at public auction, the time and
6734	6734	place of the sale;
6735	6735	(3) the necessity or advisability of, and the purpose
6736	6736	of, the sale;
6737	6737	(4) except in a case in which a guardian of the estate
6738	6738	was not required to give a general bond, that the court, after
6739	6739	examining the general bond given by the guardian, finds that:
6740	6740	(A) the bond is sufficient as required by law; or
6741	6741	(B) the bond is insufficient;
6742	6742	(5) if the court finds that the general bond is
6743	6743	insufficient under Subdivision (4)(B), the amount of the necessary
6744	6744	or increased bond, as applicable;
6745	6745	(6) that the sale is to be made and the report returned
6746	6746	in accordance with law; and
6747	6747	(7) the terms of the sale. (Tex. Prob. Code, Sec.
6748	6748	825.)
6749	6749	Sec. 1158.257. SALE FOR PAYMENT OF DEBTS. Real property of
6750	6750	a ward selected to be sold for the payment of expenses or claims
6751	6751	must be that property the sale of which the court considers most
6752	6752	advantageous to the guardianship. (Tex. Prob. Code, Sec. 819.)
6753	6753	[Sections 1158.258-1158.300 reserved for expansion]
6754	6754	SUBCHAPTER G. SALE OF REAL ESTATE: TERMS OF SALE
6755	6755	Sec. 1158.301. PERMISSIBLE TERMS. Real estate of an estate
6756	6756	may be sold for cash, or for part cash and part credit, or the equity
6757	6757	in land securing an indebtedness may be sold subject to the
6758	6758	indebtedness, or with an assumption of the indebtedness, at public
6759	6759	or private sale, as appears to the court to be in the estate's best
6760	6760	interests. (Tex. Prob. Code, Sec. 827(a) (part).)
6761	6761	Sec. 1158.302. SALE ON CREDIT. (a) The cash payment for
6762	6762	real estate of an estate sold partly on credit may not be less than
6763	6763	one-fifth of the purchase price. The purchaser shall execute a note
6764	6764	for the deferred payments, payable in monthly, quarterly,
6765	6765	semiannual, or annual installments, in amounts that appear to the
6766	6766	court to be in the guardianship's best interests. The note must
6767	6767	bear interest from the date at a rate of not less than four percent
6768	6768	per year, payable as provided in the note.
6769	6769	(b) A note executed by a purchaser under Subsection (a) must
6770	6770	be secured by a vendor's lien retained in the deed and in the note on
6771	6771	the property sold, and be additionally secured by a deed of trust on
6772	6772	the property sold, with the usual provisions for foreclosure and
6773	6773	sale on failure to make the payments provided in the deed and the
6774	6774	note.
6775	6775	(c) At the election of the holder of a note executed by a
6776	6776	purchaser under Subsection (a), default in the payment of principal
6777	6777	or interest or any part of the payment when due matures the entire
6778	6778	debt. (Tex. Prob. Code, Sec. 827(a) (part).)
6779	6779	[Sections 1158.303-1158.350 reserved for expansion]
6780	6780	SUBCHAPTER H. RECONVEYANCE OF REAL ESTATE FOLLOWING FORECLOSURE
6781	6781	Sec. 1158.351. APPLICABILITY OF SUBCHAPTER. This
6782	6782	subchapter applies only to real estate owned by an estate as a
6783	6783	result of the foreclosure of a vendor's lien or mortgage belonging
6784	6784	to the estate:
6785	6785	(1) by a judicial sale;
6786	6786	(2) by a foreclosure suit;
6787	6787	(3) through a sale under a deed of trust; or
6788	6788	(4) by acceptance of a deed in cancellation of a lien
6789	6789	or mortgage owned by the estate. (Tex. Prob. Code, Sec. 827(b)
6790	6790	(part).)
6791	6791	Sec. 1158.352. APPLICATION AND ORDER FOR RECONVEYANCE. On
6792	6792	proper application and proof, the court may dispense with the
6793	6793	requirements for a credit sale prescribed by Section 1158.302 and
6794	6794	order the reconveyance of foreclosed real estate to the former
6795	6795	mortgage debtor or former owner if it appears to the court that:
6796	6796	(1) an application to redeem the real estate has been
6797	6797	made by the former owner to a corporation or agency created by an
6798	6798	act of the United States Congress or of this state in connection
6799	6799	with legislation for the relief of owners of mortgaged or
6800	6800	encumbered homes, farms, ranches, or other real estate; and
6801	6801	(2) owning bonds of one of those federal or state
6802	6802	corporations or agencies instead of the real estate would be in the
6803	6803	estate's best interests. (Tex. Prob. Code, Sec. 827(b) (part).)
6804	6804	Sec. 1158.353. EXCHANGE FOR BONDS. (a) If a court orders
6805	6805	the reconveyance of foreclosed real estate under Section 1158.352,
6806	6806	vendor's lien notes shall be reserved for the total amount of the
6807	6807	indebtedness due or for the total amount of bonds that the
6808	6808	corporation or agency to which the application to redeem the real
6809	6809	estate was submitted as described by Section 1158.352(1) is allowed
6810	6810	to advance under the corporation's or agency's rules or
6811	6811	regulations.
6812	6812	(b) On obtaining the order for reconveyance, it shall be
6813	6813	proper for the guardian to endorse and assign the reserved vendor's
6814	6814	lien notes over to any one of the corporations or agencies described
6815	6815	by Section 1158.352(1) in exchange for bonds of that corporation or
6816	6816	agency. (Tex. Prob. Code, Sec. 827(b) (part).)
6817	6817	[Sections 1158.354-1158.400 reserved for expansion]
6818	6818	SUBCHAPTER I. SALE OF REAL ESTATE: PUBLIC SALE
6819	6819	Sec. 1158.401. REQUIRED NOTICE. (a) Except as otherwise
6820	6820	provided by this title, the guardian of the estate shall advertise a
6821	6821	public sale of real estate of the estate by a notice published in
6822	6822	the county in which the estate is pending, as provided by this title
6823	6823	for publication of notices or citations. The notice must include a
6824	6824	reference to:
6825	6825	(1) the order of sale;
6826	6826	(2) the time, place, and required terms of sale; and
6827	6827	(3) a brief description of the real estate to be sold.
6828	6828	(b) The reference described by Subsection (a)(1) is not
6829	6829	required to contain field notes, but if the real estate to be sold
6830	6830	is rural property, the reference must include:
6831	6831	(1) the name of the original survey of the real estate;
6832	6832	(2) the number of acres the real estate consists of;
6833	6833	(3) the location of the real estate in the county; and
6834	6834	(4) the name by which the real estate is generally
6835	6835	known. (Tex. Prob. Code, Sec. 828(a).)
6836	6836	Sec. 1158.402. METHOD OF SALE. A public sale of real estate
6837	6837	of an estate shall be made at public auction to the highest bidder.
6838	6838	(Tex. Prob. Code, Sec. 828(b).)
6839	6839	Sec. 1158.403. TIME AND PLACE OF SALE. (a) Except as
6840	6840	provided by Subsection (c), a public sale of real estate of an
6841	6841	estate shall be made at:
6842	6842	(1) the courthouse door in the county in which the
6843	6843	guardianship proceedings are pending; or
6844	6844	(2) another place in that county at which sales of real
6845	6845	estate are specifically authorized to be made.
6846	6846	(b) The sale must occur between 10 a.m. and 4 p.m. on the
6847	6847	first Tuesday of the month after publication of notice has been
6848	6848	completed.
6849	6849	(c) If the court considers it advisable, the court may order
6850	6850	the sale to be made in the county in which the real estate is
6851	6851	located, in which event notice shall be published both in that
6852	6852	county and in the county in which the proceedings are pending.
6853	6853	(Tex. Prob. Code, Sec. 828(c).)
6854	6854	Sec. 1158.404. CONTINUANCE OF SALE. (a) A public sale of
6855	6855	real estate of an estate that is not completed on the day advertised
6856	6856	may be continued from day to day by an oral public announcement of
6857	6857	the continuance made at the conclusion of the sale each day.
6858	6858	(b) A continued sale must occur within the hours prescribed
6859	6859	by Section 1158.403(b).
6860	6860	(c) The continuance of a sale under this section shall be
6861	6861	shown in the report of the sale made to the court. (Tex. Prob. Code,
6862	6862	Sec. 828(d).)
6863	6863	Sec. 1158.405. FAILURE OF BIDDER TO COMPLY. (a) If a
6864	6864	person who bids on real estate of the guardianship estate offered
6865	6865	for sale at public auction fails to comply with the terms of the
6866	6866	sale, the real estate shall be readvertised and sold without any
6867	6867	further order.
6868	6868	(b) The person defaulting on a bid as described by
6869	6869	Subsection (a) is liable for payment to the guardian of the estate,
6870	6870	for the estate's benefit, of:
6871	6871	(1) 10 percent of the amount of the bid; and
6872	6872	(2) the amount of any deficiency in price on the second
6873	6873	sale.
6874	6874	(c) The guardian shall recover the amounts under Subsection
6875	6875	(b) by suit in any court in the county in which the sale was made
6876	6876	that has jurisdiction over the amount claimed. (Tex. Prob. Code,
6877	6877	Sec. 828(e).)
6878	6878	[Sections 1158.406-1158.450 reserved for expansion]
6879	6879	SUBCHAPTER J. SALE OF REAL ESTATE: PRIVATE SALE
6880	6880	Sec. 1158.451. MANNER OF SALE. A private sale of real
6881	6881	estate of the estate shall be made in the manner the court directs
6882	6882	in the order of sale. Unless the court directs otherwise,
6883	6883	additional advertising, notice, or citation concerning the sale is
6884	6884	not required. (Tex. Prob. Code, Sec. 829.)
6885	6885	[Sections 1158.452-1158.500 reserved for expansion]
6886	6886	SUBCHAPTER K. SALE OF EASEMENT OR RIGHT-OF-WAY
6887	6887	Sec. 1158.501. AUTHORIZATION. The guardian may sell and
6888	6888	convey easements and rights-of-way on, under, and over the land of a
6889	6889	guardianship estate that is being administered under court order,
6890	6890	regardless of whether the sale proceeds are required to pay charges
6891	6891	or claims against the estate, or for other lawful purposes. (Tex.
6892	6892	Prob. Code, Sec. 830 (part).)
6893	6893	Sec. 1158.502. PROCEDURE. The procedure for the sale of an
6894	6894	easement or right-of-way authorized under Section 1158.501 is the
6895	6895	same as the procedure provided by law for a sale of real property of
6896	6896	a ward at private sale. (Tex. Prob. Code, Sec. 830 (part).)
6897	6897	[Sections 1158.503-1158.550 reserved for expansion]
6898	6898	SUBCHAPTER L. CONFIRMATION OF SALE OF REAL PROPERTY AND TRANSFER OF
6899	6899	TITLE
6900	6900	Sec. 1158.551. REPORT. A sale of estate real property shall
6901	6901	be reported to the court ordering the sale not later than the 30th
6902	6902	day after the date the sale is made. The report must:
6903	6903	(1) be in writing, sworn to, and filed with the clerk;
6904	6904	(2) include:
6905	6905	(A) the date of the order of sale;
6906	6906	(B) a description of the property sold;
6907	6907	(C) the time and place of sale;
6908	6908	(D) the purchaser's name;
6909	6909	(E) the amount for which each parcel of property
6910	6910	or interest in the parcel of property was sold;
6911	6911	(F) the terms of the sale;
6912	6912	(G) whether the sale was made at public auction
6913	6913	or privately; and
6914	6914	(H) whether the purchaser is ready to comply with
6915	6915	the order of sale; and
6916	6916	(3) be noted on the guardianship docket. (Tex. Prob.
6917	6917	Code, Sec. 832.)
6918	6918	Sec. 1158.552. ACTION OF COURT ON REPORT OF SALE. After the
6919	6919	expiration of five days from the date a report of sale is filed
6920	6920	under Section 1158.551, the court shall:
6921	6921	(1) inquire into the manner in which the sale was made;
6922	6922	(2) hear evidence in support of or against the report;
6923	6923	and
6924	6924	(3) determine the sufficiency or insufficiency of the
6925	6925	guardian's general bond, if any has been required and given. (Tex.
6926	6926	Prob. Code, Sec. 834 (part).)
6927	6927	Sec. 1158.553. CONFIRMATION OF SALE WHEN BOND NOT REQUIRED.
6928	6928	If the guardian of the estate of a ward is not required by Subtitle D
6929	6929	to give a general bond, the court may confirm the sale of estate
6930	6930	real property in the manner provided by Section 1158.556(a) if the
6931	6931	court finds that the sale is satisfactory and made in accordance
6932	6932	with law. (Tex. Prob. Code, Sec. 833 (part).)
6933	6933	Sec. 1158.554. SUFFICIENCY OF BOND. (a) If the guardian of
6934	6934	an estate is required by Subtitle D to give a general bond, before
6935	6935	the court confirms any sale of real estate, the court shall
6936	6936	determine whether the bond is sufficient to protect the estate
6937	6937	after the sale proceeds are received.
6938	6938	(b) If the court finds that the general bond is sufficient,
6939	6939	the court may confirm the sale as provided by Section 1158.556(a).
6940	6940	(c) If the court finds that the general bond is
6941	6941	insufficient, the court may not confirm the sale until the general
6942	6942	bond is increased to the amount required by the court, or an
6943	6943	additional bond is given, and approved by the court.
6944	6944	(d) An increase in the amount of the general bond, or the
6945	6945	additional bond, as applicable under Subsection (c), must be equal
6946	6946	to the sum of:
6947	6947	(1) the amount for which the real estate is sold; and
6948	6948	(2) any additional amount the court finds necessary
6949	6949	and sets for the estate's protection. (Tex. Prob. Code, Sec. 833
6950	6950	(part).)
6951	6951	Sec. 1158.555. INCREASED OR ADDITIONAL BOND NOT REQUIRED.
6952	6952	Notwithstanding Sections 1158.554(c) and (d), if the real estate
6953	6953	sold is encumbered by a lien to secure a claim against the estate
6954	6954	and is sold to the owner or holder of the secured claim in full
6955	6955	payment, liquidation, and satisfaction of the claim, an increased
6956	6956	general bond or additional bond may not be required except for the
6957	6957	amount of any cash paid to the guardian of the estate in excess of
6958	6958	the amount necessary to pay, liquidate, and satisfy the claim in
6959	6959	full. (Tex. Prob. Code, Sec. 833 (part).)
6960	6960	Sec. 1158.556. CONFIRMATION OR DISAPPROVAL ORDER. (a) If
6961	6961	the court is satisfied that a sale reported under Section 1158.551
6962	6962	was for a fair price, was properly made, and was in conformity with
6963	6963	law, and the court has approved any increased or additional bond
6964	6964	that the court found necessary to protect the estate, the court
6965	6965	shall enter an order:
6966	6966	(1) confirming the sale;
6967	6967	(2) showing conformity with the provisions of this
6968	6968	chapter relating to the sale;
6969	6969	(3) detailing the terms of the sale; and
6970	6970	(4) authorizing the guardian of the estate to convey
6971	6971	the property on the purchaser's compliance with the terms of the
6972	6972	sale.
6973	6973	(b) If the court is not satisfied that the sale was for a
6974	6974	fair price, was properly made, and was in conformity with law, the
6975	6975	court shall issue an order setting aside the sale and ordering a new
6976	6976	sale to be made, if necessary.
6977	6977	(c) The court's action in confirming or disapproving a
6978	6978	report of a sale has the effect of a final judgment. Any person
6979	6979	interested in the guardianship estate or in the sale is entitled to
6980	6980	have an order entered under this section reviewed as in other final
6981	6981	judgments in probate proceedings. (Tex. Prob. Code, Sec. 834
6982	6982	(part).)
6983	6983	Sec. 1158.557. DEED. Real estate of an estate that is sold
6984	6984	shall be conveyed by a proper deed that refers to and identifies the
6985	6985	court order confirming the sale. The deed:
6986	6986	(1) vests in the purchaser all right and title of the
6987	6987	estate to, and all interest of the estate in, the property; and
6988	6988	(2) is prima facie evidence that the sale has met all
6989	6989	applicable requirements of law. (Tex. Prob. Code, Sec. 835.)
6990	6990	Sec. 1158.558. DELIVERY OF DEED. (a) After the court has
6991	6991	confirmed a sale and one purchaser has complied with the terms of
6992	6992	the sale, the guardian of the estate shall execute and deliver to
6993	6993	the purchaser a proper deed conveying the property.
6994	6994	(b) If the sale is made partly on credit:
6995	6995	(1) the vendor's lien securing a purchase money note
6996	6996	must be expressly retained in the deed and may not be waived; and
6997	6997	(2) before actual delivery of the deed to the
6998	6998	purchaser, the purchaser shall execute and deliver to the guardian
6999	6999	of the estate a vendor's lien note, with or without personal
7000	7000	sureties as ordered by the court, and a deed of trust or mortgage on
7001	7001	the property as additional security for the payment of the note.
7002	7002	(c) On completion of the transaction, the guardian of the
7003	7003	estate shall promptly file and record the deed of trust or mortgage
7004	7004	in the appropriate records in the county in which the land is
7005	7005	located. (Tex. Prob. Code, Sec. 836.)
7006	7006	Sec. 1158.559. DAMAGES; REMOVAL. (a) If the guardian of
7007	7007	the estate neglects to comply with Section 1158.558, including to
7008	7008	file the deed of trust securing a lien in the proper county, the
7009	7009	guardian and the sureties on the guardian's bond shall, after
7010	7010	complaint and citation, be held liable for the use of the estate and
7011	7011	for all damages resulting from the guardian's neglect, and the
7012	7012	court may remove the guardian.
7013	7013	(b) Damages under this section may be recovered in a court
7014	7014	of competent jurisdiction. (Tex. Prob. Code, Sec. 837.)
7015	7015	[Sections 1158.560-1158.600 reserved for expansion]
7016	7016	SUBCHAPTER M. PROCEDURE ON FAILURE TO APPLY FOR SALE
7017	7017	Sec. 1158.601. FAILURE TO APPLY FOR SALE. If the guardian
7018	7018	of the estate of a ward neglects to apply for an order to sell
7019	7019	sufficient property to pay charges and claims against the estate
7020	7020	that have been allowed and approved or established by suit, an
7021	7021	interested person, on written application, may have the guardian
7022	7022	cited to appear and make a full exhibit of the estate's condition
7023	7023	and show cause why a sale of the property should not be ordered.
7024	7024	(Tex. Prob. Code, Sec. 826 (part).)
7025	7025	Sec. 1158.602. COURT ORDER. On hearing an application
7026	7026	under Section 1158.601, if the court is satisfied that a sale of
7027	7027	estate property is necessary or advisable to satisfy the charges
7028	7028	and claims described by Section 1158.601, the court shall enter an
7029	7029	order of sale as provided by Section 1158.256. (Tex. Prob. Code,
7030	7030	Sec. 826 (part).)
7031	7031	[Sections 1158.603-1158.650 reserved for expansion]
7032	7032	SUBCHAPTER N. PURCHASE OF ESTATE PROPERTY BY GUARDIAN
7033	7033	Sec. 1158.651. GENERAL PROHIBITION ON PURCHASE. Except as
7034	7034	otherwise provided by Section 1158.652 or 1158.653, the guardian of
7035	7035	the estate of a ward may not purchase, directly or indirectly, any
7036	7036	estate property sold by the guardian or any co-representative of
7037	7037	the guardian. (Tex. Prob. Code, Sec. 831(a).)
7038	7038	Sec. 1158.652. EXCEPTION: EXECUTORY CONTRACT. The guardian
7039	7039	of the estate of a ward may purchase estate property in compliance
7040	7040	with the terms of a written executory contract signed by the ward
7041	7041	before the ward became incapacitated, including:
7042	7042	(1) a contract for deed;
7043	7043	(2) an earnest money contract;
7044	7044	(3) a buy/sell agreement; and
7045	7045	(4) a stock purchase or redemption agreement. (Tex.
7046	7046	Prob. Code, Sec. 831(b).)
7047	7047	Sec. 1158.653. EXCEPTION: BEST INTEREST OF ESTATE. (a) The
7048	7048	guardian of the estate may purchase estate property on the court's
7049	7049	determination that the sale is in the estate's best interest.
7050	7050	(b) In the case of an application filed by the guardian of
7051	7051	the estate of a ward, the court shall appoint an attorney ad litem
7052	7052	to represent the ward with respect to the sale.
7053	7053	(c) The court may require notice for a sale made under this
7054	7054	section. (Tex. Prob. Code, Sec. 831(c).)
7055	7055	Sec. 1158.654. PURCHASE IN VIOLATION OF SUBCHAPTER. (a) If
7056	7056	the guardian of the estate of a ward purchases estate property in
7057	7057	violation of this subchapter, a person interested in the estate may
7058	7058	file a written complaint with the court in which the guardianship
7059	7059	proceedings are pending.
7060	7060	(b) On service of citation on the guardian on a complaint
7061	7061	filed under Subsection (a) and after hearing and proof, the court
7062	7062	shall:
7063	7063	(1) declare the sale void;
7064	7064	(2) set aside the sale; and
7065	7065	(3) order the reconveyance of the property to the
7066	7066	estate.
7067	7067	(c) The court shall adjudge against the guardian all costs
7068	7068	of the sale, protest, and suit, if found necessary. (Tex. Prob.
7069	7069	Code, Sec. 831(d).)
7070	7070	[Sections 1158.655-1158.700 reserved for expansion]
7071	7071	SUBCHAPTER O. PARTITION OF WARD'S INTEREST IN REAL ESTATE
7072	7072	Sec. 1158.701. PARTITION BY AGREEMENT. (a) The guardian of
7073	7073	the estate of a ward may agree to a partition of real estate in which
7074	7074	the ward owns an interest in common with one or more other part
7075	7075	owners if, in the opinion of the guardian, it is in the best
7076	7076	interests of the ward's estate to partition the real estate.
7077	7077	(b) An agreement under Subsection (a) is subject to the
7078	7078	approval of the court in which the guardianship proceeding is
7079	7079	pending. (Tex. Prob. Code, Sec. 853(a).)
7080	7080	Sec. 1158.702. APPLICATION FOR APPROVAL OF PARTITION
7081	7081	AGREEMENT. (a) When a guardian has reached an agreement with the
7082	7082	other part owners on how to partition real estate as described by
7083	7083	Section 1158.701, the guardian shall file with the court in which
7084	7084	the guardianship proceedings are pending an application to have the
7085	7085	agreement approved by the court.
7086	7086	(b) The application must:
7087	7087	(1) describe the real estate to be divided;
7088	7088	(2) state why it is in the best interests of the ward's
7089	7089	estate to partition the real estate; and
7090	7090	(3) show that the proposed partition agreement is fair
7091	7091	and just to the ward's estate. (Tex. Prob. Code, Sec. 853(b).)
7092	7092	Sec. 1158.703. HEARING. (a) The county clerk shall
7093	7093	immediately call to the attention of the judge of the court in which
7094	7094	the guardianship proceeding is pending the filing of an application
7095	7095	required by Section 1158.702. The judge shall designate a day to
7096	7096	hear the application.
7097	7097	(b) The application must remain on file at least 10 days
7098	7098	before any orders are entered.
7099	7099	(c) The judge may continue a hearing held under this section
7100	7100	from time to time until the judge is satisfied concerning the
7101	7101	application. (Tex. Prob. Code, Sec. 853(c).)
7102	7102	Sec. 1158.704. ORDER. If the judge is satisfied that the
7103	7103	proposed partition of the real estate is in the best interests of
7104	7104	the ward's estate, the court shall enter an order approving the
7105	7105	partition and directing the guardian to execute the necessary
7106	7106	agreement for the purpose of implementing the order and partition.
7107	7107	(Tex. Prob. Code, Sec. 853(d).)
7108	7108	Sec. 1158.705. PARTITION WITHOUT COURT APPROVAL;
7109	7109	RATIFICATION OF PARTITION AGREEMENT. (a) If a guardian, without
7110	7110	court approval as provided by this subchapter, executes or intends
7111	7111	to execute an agreement to partition any real estate in which the
7112	7112	ward has an interest, the guardian shall file with the court in
7113	7113	which the guardianship proceedings are pending an application for
7114	7114	the approval and ratification of the partition agreement.
7115	7115	(b) The application must:
7116	7116	(1) refer to the agreement in a manner in which the
7117	7117	court can fully understand the nature of the partition and the real
7118	7118	estate being divided; and
7119	7119	(2) state that, in the opinion of the guardian, the
7120	7120	agreement is fair and just to the ward's estate and is in the best
7121	7121	interests of the estate.
7122	7122	(c) On the filing of an application under Subsection (a),
7123	7123	the court shall hold a hearing on the application as provided by
7124	7124	Section 1158.703. The court shall enter an order ratifying and
7125	7125	approving the partition agreement if the court is of the opinion
7126	7126	that the partition is:
7127	7127	(1) fairly made; and
7128	7128	(2) in the best interests of the ward's estate.
7129	7129	(d) On ratification and approval, the partition is
7130	7130	effective and binding as if originally executed after a court
7131	7131	order. (Tex. Prob. Code, Sec. 853(e).)
7132	7132	Sec. 1158.706. PARTITION BY SUIT. (a) The guardian of the
7133	7133	estate of a ward may bring a suit in the court in which the
7134	7134	guardianship proceeding is pending for the partition of any real
7135	7135	estate that the ward owns in common with one or more other part
7136	7136	owners if the guardian is of the opinion that it is in the best
7137	7137	interests of the ward's estate that the real estate be partitioned.
7138	7138	(b) The court may enter an order partitioning the real
7139	7139	estate to the owner of the real estate, if after hearing the suit,
7140	7140	the court is satisfied that the partition of the real estate is
7141	7141	necessary. (Tex. Prob. Code, Sec. 853(f).)
7142	7142	CHAPTER 1159. RENTING ESTATE PROPERTY
7143	7143	SUBCHAPTER A. RENTAL AND RETURN OF ESTATE PROPERTY
7144	7144	Sec. 1159.001. RENTING ESTATE PROPERTY WITHOUT COURT
7145	7145	ORDER
7146	7146	Sec. 1159.002. RENTING ESTATE PROPERTY WITH COURT
7147	7147	ORDER
7148	7148	Sec. 1159.003. ESTATE PROPERTY RENTED ON CREDIT
7149	7149	Sec. 1159.004. CONDITION OF RETURNED ESTATE PROPERTY
7150	7150	Sec. 1159.005. COMPLAINT FOR FAILURE TO RENT
7151	7151	[Sections 1159.006-1159.050 reserved for expansion]
7152	7152	SUBCHAPTER B. REPORT ON RENTED ESTATE PROPERTY
7153	7153	Sec. 1159.051. REPORTS CONCERNING RENTALS
7154	7154	Sec. 1159.052. COURT ACTION ON REPORT
7155	7155	CHAPTER 1159. RENTING ESTATE PROPERTY
7156	7156	SUBCHAPTER A. RENTAL AND RETURN OF ESTATE PROPERTY
7157	7157	Sec. 1159.001. RENTING ESTATE PROPERTY WITHOUT COURT ORDER.
7158	7158	(a) The guardian of an estate, without a court order, may rent any
7159	7159	of the estate property for one year or less, at public auction or
7160	7160	privately, as is considered to be in the best interests of the
7161	7161	estate.
7162	7162	(b) On the sworn complaint of any person interested in the
7163	7163	estate, the court shall require a guardian of the estate who,
7164	7164	without a court order, rents estate property to account to the
7165	7165	estate for the reasonable value of the rent of the property, to be
7166	7166	ascertained by the court on satisfactory evidence. (Tex. Prob.
7167	7167	Code, Secs. 839, 840.)
7168	7168	Sec. 1159.002. RENTING ESTATE PROPERTY WITH COURT ORDER.
7169	7169	(a) The guardian of an estate may file a written application with
7170	7170	the court setting forth the property the guardian seeks to rent. If
7171	7171	the proposed rental period is one year or more, the guardian of the
7172	7172	estate shall file a written application with the court setting
7173	7173	forth the property the guardian seeks to rent.
7174	7174	(b) If the court finds that granting an application filed
7175	7175	under Subsection (a) is in the interests of the estate, the court
7176	7176	shall grant the application and issue an order that:
7177	7177	(1) describes the property to be rented; and
7178	7178	(2) states whether the property will be rented at
7179	7179	public auction or privately, whether for cash or on credit, and if
7180	7180	on credit, the extent of the credit and the period for which the
7181	7181	property may be rented.
7182	7182	(c) If, under Subsection (b), the court orders property to
7183	7183	be rented at public auction, the court shall prescribe whether
7184	7184	notice of the auction shall be published or posted. (Tex. Prob.
7185	7185	Code, Sec. 841.)
7186	7186	Sec. 1159.003. ESTATE PROPERTY RENTED ON CREDIT. (a)
7187	7187	Possession of estate property rented on credit may not be delivered
7188	7188	until the renter executes and delivers to the guardian of the estate
7189	7189	a note with good personal security for the amount of the rent. If
7190	7190	the property is delivered without the guardian receiving the
7191	7191	required security, the guardian and the sureties on the guardian's
7192	7192	bond are liable for the full amount of the rent.
7193	7193	(b) Subsection (a) does not apply to a rental that is paid in
7194	7194	installments in advance of the period to which the installments
7195	7195	relate. (Tex. Prob. Code, Sec. 843.)
7196	7196	Sec. 1159.004. CONDITION OF RETURNED ESTATE PROPERTY. (a)
7197	7197	Estate property that is rented must be returned to the estate's
7198	7198	possession in as good a condition, except for reasonable wear and
7199	7199	tear, as when the property was rented.
7200	7200	(b) The guardian of the estate shall:
7201	7201	(1) ensure that rented estate property is returned in
7202	7202	the condition required by Subsection (a);
7203	7203	(2) report to the court any damage to, or loss or
7204	7204	destruction of, estate property rented under this chapter; and
7205	7205	(3) ask the court for the authority to take any
7206	7206	necessary action.
7207	7207	(c) A guardian who fails to act as required by this section
7208	7208	and the sureties on the guardian's bond are liable to the estate for
7209	7209	any loss or damage suffered as a result of the guardian's failure.
7210	7210	(Tex. Prob. Code, Sec. 844.)
7211	7211	Sec. 1159.005. COMPLAINT FOR FAILURE TO RENT. (a) A person
7212	7212	interested in a guardianship may:
7213	7213	(1) file a written and sworn complaint in the court in
7214	7214	which the estate is pending; and
7215	7215	(2) have the guardian of the estate cited to appear and
7216	7216	show cause why the guardian did not rent any estate property.
7217	7217	(b) The court, on hearing the complaint, shall issue an
7218	7218	order that is in the best interests of the estate. (Tex. Prob.
7219	7219	Code, Sec. 842.)
7220	7220	[Sections 1159.006-1159.050 reserved for expansion]
7221	7221	SUBCHAPTER B. REPORT ON RENTED ESTATE PROPERTY
7222	7222	Sec. 1159.051. REPORTS CONCERNING RENTALS. (a) A guardian
7223	7223	of an estate who rents estate property with an appraised value of
7224	7224	$3,000 or more, not later than the 30th day after the date of the
7225	7225	rental, shall file with the court a sworn and written report
7226	7226	stating:
7227	7227	(1) the property rented and the property's appraised
7228	7228	value;
7229	7229	(2) the date the property was rented and whether the
7230	7230	rental occurred at public auction or privately;
7231	7231	(3) the name of the person renting the property;
7232	7232	(4) the rental amount;
7233	7233	(5) whether the rental was for cash or on credit; and
7234	7234	(6) if the rental was on credit, the length of time,
7235	7235	the terms, and the security received for the credit.
7236	7236	(b) A guardian of an estate who rents estate property with
7237	7237	an appraised value of less than $3,000 may report the rental in the
7238	7238	next annual or final account that must be filed as required by law.
7239	7239	(Tex. Prob. Code, Sec. 845.)
7240	7240	Sec. 1159.052. COURT ACTION ON REPORT. (a) After the fifth
7241	7241	day after the date the report of the rental is filed, the court
7242	7242	shall:
7243	7243	(1) examine the report; and
7244	7244	(2) by order approve and confirm the rental if the
7245	7245	court finds the rental just and reasonable.
7246	7246	(b) If the court disapproves the rental, the guardianship is
7247	7247	not bound and the court may order another offering for rent of the
7248	7248	property in the same manner and subject to the provisions of this
7249	7249	chapter.
7250	7250	(c) If the court approves the rental and it later appears
7251	7251	that, by reason of the fault of the guardian of the estate, the
7252	7252	property was not rented for the property's reasonable value, the
7253	7253	court shall have the guardian and the sureties on the guardian's
7254	7254	bond appear and show cause why the reasonable value of the rental of
7255	7255	the property should not be adjudged against the guardian or
7256	7256	sureties. (Tex. Prob. Code, Sec. 846.)
7257	7257	CHAPTER 1160. MATTERS RELATING TO MINERAL PROPERTIES
7258	7258	SUBCHAPTER A. GENERAL PROVISIONS
7259	7259	Sec. 1160.001. DEFINITIONS
7260	7260	[Sections 1160.002-1160.050 reserved for expansion]
7261	7261	SUBCHAPTER B. MINERAL LEASES AFTER PUBLIC NOTICE
7262	7262	Sec. 1160.051. AUTHORIZATION FOR LEASING OF MINERALS
7263	7263	Sec. 1160.052. LEASE APPLICATION
7264	7264	Sec. 1160.053. SCHEDULING OF HEARING ON APPLICATION;
7265	7265	CONTINUANCE
7266	7266	Sec. 1160.054. NOTICE OF HEARING ON APPLICATION
7267	7267	Sec. 1160.055. REQUIREMENTS REGARDING ORDER AND NOTICE
7268	7268	MANDATORY
7269	7269	Sec. 1160.056. HEARING ON APPLICATION; ORDER
7270	7270	Sec. 1160.057. MAKING OF LEASE ON GRANTING OF
7271	7271	APPLICATION
7272	7272	Sec. 1160.058. BOND REQUIREMENTS
7273	7273	Sec. 1160.059. TERM OF LEASE BINDING
7274	7274	Sec. 1160.060. AMENDMENT OF LEASE REGARDING EFFECT OF
7275	7275	SHUT-IN GAS WELL
7276	7276	[Sections 1160.061-1160.100 reserved for expansion]
7277	7277	SUBCHAPTER C. MINERAL LEASES AT PRIVATE SALE
7278	7278	Sec. 1160.101. AUTHORIZATION FOR LEASING OF MINERALS
7279	7279	AT PRIVATE SALE
7280	7280	Sec. 1160.102. ACTION OF COURT IF PUBLIC ADVERTISING
7281	7281	NOT REQUIRED
7282	7282	[Sections 1160.103-1160.150 reserved for expansion]
7283	7283	SUBCHAPTER D. POOLING OR UNITIZATION OF ROYALTIES OR MINERALS
7284	7284	Sec. 1160.151. AUTHORIZATION FOR POOLING OR
7285	7285	UNITIZATION
7286	7286	Sec. 1160.152. POOLING OR UNITIZATION APPLICATION
7287	7287	Sec. 1160.153. NOTICE NOT REQUIRED
7288	7288	Sec. 1160.154. HEARING ON APPLICATION
7289	7289	Sec. 1160.155. ACTION OF COURT AND CONTENTS OF ORDER
7290	7290	[Sections 1160.156-1160.200 reserved for expansion]
7291	7291	SUBCHAPTER E. SPECIAL ANCILLARY INSTRUMENTS THAT MAY BE EXECUTED
7292	7292	WITHOUT COURT ORDER
7293	7293	Sec. 1160.201. AUTHORIZATION FOR EXECUTION OF CERTAIN
7294	7294	INSTRUMENTS
7295	7295	[Sections 1160.202-1160.250 reserved for expansion]
7296	7296	SUBCHAPTER F. PROCEDURE IF GUARDIAN OF ESTATE NEGLECTS TO APPLY FOR
7297	7297	AUTHORITY
7298	7298	Sec. 1160.251. APPLICATION TO SHOW CAUSE
7299	7299	Sec. 1160.252. HEARING ON APPLICATION
7300	7300	Sec. 1160.253. ORDER
7301	7301	Sec. 1160.254. PROCEDURE TO BE FOLLOWED AFTER ENTRY OF
7302	7302	ORDER
7303	7303	CHAPTER 1160. MATTERS RELATING TO MINERAL PROPERTIES
7304	7304	SUBCHAPTER A. GENERAL PROVISIONS
7305	7305	Sec. 1160.001. DEFINITIONS. In this chapter:
7306	7306	(1) "Gas" includes all liquid hydrocarbons in the
7307	7307	gaseous phase in the reservoir.
7308	7308	(2) "Land" includes minerals or an interest in
7309	7309	minerals in place.
7310	7310	(3) "Mineral development" includes exploration for,
7311	7311	whether by geophysical or other means, drilling for, mining for,
7312	7312	development of, operations in connection with, production of, and
7313	7313	saving of oil, other liquid hydrocarbons, gas, gaseous elements,
7314	7314	sulphur, metals, and all other minerals, whether solid or
7315	7315	otherwise.
7316	7316	(4) "Property" includes land, minerals in place,
7317	7317	whether solid, liquid, or gaseous, and an interest of any kind in
7318	7318	the property, including a royalty interest, owned by an estate.
7319	7319	(Tex. Prob. Code, Sec. 847(a); New.)
7320	7320	[Sections 1160.002-1160.050 reserved for expansion]
7321	7321	SUBCHAPTER B. MINERAL LEASES AFTER PUBLIC NOTICE
7322	7322	Sec. 1160.051. AUTHORIZATION FOR LEASING OF MINERALS. (a)
7323	7323	The court in which a guardianship proceeding is pending may
7324	7324	authorize the guardian, acting solely under a court order, to make,
7325	7325	execute, and deliver a lease, with or without a unitization clause
7326	7326	or pooling provision, providing for the exploration for and
7327	7327	development and production of oil, other liquid hydrocarbons, gas,
7328	7328	metals and other solid minerals, and other minerals, or any of those
7329	7329	minerals in place, belonging to the estate.
7330	7330	(b) A lease authorized by Subsection (a) must be made and
7331	7331	entered into under and in conformity with this subchapter. (Tex.
7332	7332	Prob. Code, Secs. 847(b), (c).)
7333	7333	Sec. 1160.052. LEASE APPLICATION. (a) The guardian of the
7334	7334	estate shall file with the court a written application for
7335	7335	authority to lease estate property for mineral exploration and
7336	7336	development, with or without a pooling provision or unitization
7337	7337	clause.
7338	7338	(b) The lease application must:
7339	7339	(1) describe the property fully enough by reference to
7340	7340	the amount of acreage, the survey name or number, or the abstract
7341	7341	number, or by another method that adequately identifies the
7342	7342	property and the property's location in the county in which the
7343	7343	property is located;
7344	7344	(2) specify the interest thought to be owned by the
7345	7345	estate, if less than the whole, but request authority to include all
7346	7346	of the interest owned by the estate if that is the intention; and
7347	7347	(3) set out the reasons the estate property described
7348	7348	in the application should be leased.
7349	7349	(c) The lease application is not required to set out or
7350	7350	suggest:
7351	7351	(1) the name of any proposed lessee; or
7352	7352	(2) the terms, provisions, or form of any desired
7353	7353	lease. (Tex. Prob. Code, Sec. 847(d).)
7354	7354	Sec. 1160.053. SCHEDULING OF HEARING ON APPLICATION;
7355	7355	CONTINUANCE. (a) Immediately after the filing of a lease
7356	7356	application under Section 1160.052, the county clerk shall call the
7357	7357	filing of the application to the court's attention. The judge shall
7358	7358	promptly make and enter a brief order designating the time and place
7359	7359	for hearing the application.
7360	7360	(b) If the hearing is not held at the time originally
7361	7361	designated by the court or by a timely continuance order entered,
7362	7362	the hearing shall be continued automatically without further notice
7363	7363	to the same time on the following day, other than Sundays and
7364	7364	holidays on which the county courthouse is officially closed, and
7365	7365	from day to day until the lease application is finally acted on and
7366	7366	disposed of by court order. Notice of an automatic continuance is
7367	7367	not required. (Tex. Prob. Code, Sec. 847(e).)
7368	7368	Sec. 1160.054. NOTICE OF HEARING ON APPLICATION. (a) At
7369	7369	least 10 days before the date set for the hearing on a lease
7370	7370	application filed under Section 1160.052, excluding the date of
7371	7371	notice and the date set for the hearing, the guardian of the estate
7372	7372	shall give notice of the hearing by:
7373	7373	(1) publishing the notice in one issue of a newspaper
7374	7374	of general circulation in the county in which the proceeding is
7375	7375	pending; or
7376	7376	(2) if there is no newspaper in the county, posting the
7377	7377	notice or having the notice posted.
7378	7378	(b) If the notice is published, the date of notice is the
7379	7379	date printed on the newspaper.
7380	7380	(c) The notice must:
7381	7381	(1) be dated;
7382	7382	(2) be directed to all persons interested in the
7383	7383	estate;
7384	7384	(3) state the date on which the lease application was
7385	7385	filed;
7386	7386	(4) describe briefly the property sought to be leased;
7387	7387	(5) specify the fractional interest sought to be
7388	7388	leased if less than the entire interest in the tract identified; and
7389	7389	(6) state the time and place designated by the judge
7390	7390	for the hearing. (Tex. Prob. Code, Sec. 847(f).)
7391	7391	Sec. 1160.055. REQUIREMENTS REGARDING ORDER AND NOTICE
7392	7392	MANDATORY. A court order authorizing any act to be performed in
7393	7393	accordance with a lease application filed under Section 1160.052 is
7394	7394	void in the absence of:
7395	7395	(1) a written order originally designating a time and
7396	7396	place for the hearing;
7397	7397	(2) a notice issued by the guardian of the estate in
7398	7398	compliance with the order; and
7399	7399	(3) proof of publication or posting of the notice as
7400	7400	required under Section 1160.054. (Tex. Prob. Code, Sec. 847(g).)
7401	7401	Sec. 1160.056. HEARING ON APPLICATION; ORDER. (a) At the
7402	7402	time and place designated for the hearing under Section
7403	7403	1160.053(a), or at the time to which the hearing is continued as
7404	7404	provided by Section 1160.053(b), the judge shall:
7405	7405	(1) hear a lease application filed under Section
7406	7406	1160.052; and
7407	7407	(2) require proof as to the necessity or advisability
7408	7408	of leasing for mineral development the property described in the
7409	7409	application and the notice.
7410	7410	(b) The judge shall enter an order authorizing one or more
7411	7411	leases affecting and covering the property or portions of property
7412	7412	described in the lease application, with or without pooling
7413	7413	provisions or unitization clauses, and with or without cash
7414	7414	consideration if considered by the court to be in the best interest
7415	7415	of the estate, if the judge is satisfied that:
7416	7416	(1) the application is in proper form;
7417	7417	(2) notice has been given in the manner and for the
7418	7418	time required by law;
7419	7419	(3) proof of necessity or advisability of leasing is
7420	7420	sufficient; and
7421	7421	(4) the application should be granted.
7422	7422	(c) The order must contain:
7423	7423	(1) the name of the lessee;
7424	7424	(2) any actual cash consideration to be paid by the
7425	7425	lessee;
7426	7426	(3) a finding that the requirements of Subsection (b)
7427	7427	have been satisfied; and
7428	7428	(4) one of the following findings:
7429	7429	(A) a finding that the guardian of the estate is
7430	7430	exempt by law from giving a bond; or
7431	7431	(B) if the guardian of the estate is required to
7432	7432	give a bond, a finding as to whether the guardian's general bond on
7433	7433	file is sufficient to protect the personal property on hand,
7434	7434	including any cash bonus to be paid.
7435	7435	(d) If the court finds the general bond insufficient to meet
7436	7436	the requirements of Subsection (c)(4)(B), the order must show the
7437	7437	amount of increased or additional bond required to cover the
7438	7438	deficiency.
7439	7439	(e) A complete exhibit copy, either written or printed, of
7440	7440	each authorized lease must be set out in, attached to, incorporated
7441	7441	by reference in, or made part of the order. The exhibit copy must
7442	7442	show:
7443	7443	(1) the name of the lessee;
7444	7444	(2) the date of the lease;
7445	7445	(3) an adequate description of the property being
7446	7446	leased;
7447	7447	(4) any delay rental to be paid to defer commencement
7448	7448	of operations; and
7449	7449	(5) all other authorized terms and provisions.
7450	7450	(f) If the date of a lease does not appear in the exhibit
7451	7451	copy of the lease or in the order, the date of the order is
7452	7452	considered for all purposes to be the date of the lease.
7453	7453	(g) If the name or address of a depository bank for
7454	7454	receiving rental is not shown in the exhibit copy of a lease, the
7455	7455	guardian of the estate may insert the name or address, or cause the
7456	7456	name or address to be inserted, in the lease at the time of the
7457	7457	lease's execution or at any other time agreeable to the lessee or
7458	7458	the lessee's successors or assigns. (Tex. Prob. Code, Secs.
7459	7459	847(h), (i).)
7460	7460	Sec. 1160.057. MAKING OF LEASE ON GRANTING OF APPLICATION.
7461	7461	(a) If on the hearing of a lease application filed under Section
7462	7462	1160.052 the court grants the application, the guardian of the
7463	7463	estate may make the lease, as evidenced by the exhibit copies, in
7464	7464	accordance with the order.
7465	7465	(b) The lease must be made not later than the 30th day after
7466	7466	the date of the order unless an extension is granted by the court on
7467	7467	a sworn application showing good cause.
7468	7468	(c) It is not necessary for the judge to make an order
7469	7469	confirming the lease. (Tex. Prob. Code, Sec. 847(j) (part).)
7470	7470	Sec. 1160.058. BOND REQUIREMENTS. (a) Unless the guardian
7471	7471	of the estate is not required to give a general bond, a lease for
7472	7472	which a cash consideration is required, although ordered, executed,
7473	7473	and delivered, is not valid:
7474	7474	(1) unless the order authorizing the lease makes a
7475	7475	finding with respect to the general bond; and
7476	7476	(2) if the general bond has been found insufficient,
7477	7477	until:
7478	7478	(A) the bond has been increased or an additional
7479	7479	bond given with the sureties required by law, as required by the
7480	7480	order; and
7481	7481	(B) the increased or additional bond has been
7482	7482	approved by the judge and filed with the clerk of the court in which
7483	7483	the proceeding is pending.
7484	7484	(b) If two or more leases of different land are authorized
7485	7485	by the same order, the general bond shall be increased or additional
7486	7486	bonds given to cover all of the leases. (Tex. Prob. Code, Sec.
7487	7487	847(j) (part).)
7488	7488	Sec. 1160.059. TERM OF LEASE BINDING. A lease executed and
7489	7489	delivered in compliance with this subchapter is valid and binding
7490	7490	on the property or interest owned by the estate and covered by the
7491	7491	lease for the full term provided by the lease, subject only to the
7492	7492	lease's terms and conditions, even if the primary term extends
7493	7493	beyond the date the estate is closed in accordance with law. For
7494	7494	the lease to be valid and binding under this subchapter, the
7495	7495	authorized primary term of the lease may not exceed five years,
7496	7496	subject to the lease terms and provisions extending the lease
7497	7497	beyond the primary term by:
7498	7498	(1) paying production;
7499	7499	(2) bona fide drilling or reworking operations,
7500	7500	whether in or on the same well or wells or an additional well or
7501	7501	wells without a cessation of operations of more than 60 consecutive
7502	7502	days before production has been restored or obtained; or
7503	7503	(3) a shut-in gas well. (Tex. Prob. Code, Sec.
7504	7504	847(k).)
7505	7505	Sec. 1160.060. AMENDMENT OF LEASE REGARDING EFFECT OF
7506	7506	SHUT-IN GAS WELL. (a) An oil, gas, and mineral lease executed by a
7507	7507	guardian of an estate under this chapter or former Chapter XIII,
7508	7508	Texas Probate Code, may be amended by an instrument that provides
7509	7509	that a shut-in gas well on the land covered by the lease or on land
7510	7510	pooled with all or part of the land covered by the lease continues
7511	7511	the lease in effect after the lease's five-year primary term.
7512	7512	(b) The guardian of the estate, with court approval, shall
7513	7513	execute the instrument according to the terms and conditions
7514	7514	prescribed in the instrument. (Tex. Prob. Code, Sec. 847(m).)
7515	7515	[Sections 1160.061-1160.100 reserved for expansion]
7516	7516	SUBCHAPTER C. MINERAL LEASES AT PRIVATE SALE
7517	7517	Sec. 1160.101. AUTHORIZATION FOR LEASING OF MINERALS AT
7518	7518	PRIVATE SALE. (a) Notwithstanding the mandatory requirements for
7519	7519	setting a time and place for hearing a lease application under
7520	7520	Subchapter B and the issuance, service, and return of notice, the
7521	7521	court may authorize the making of oil, gas, and mineral leases at a
7522	7522	private sale without public notice or advertising if, in the
7523	7523	court's opinion, facts are set out in the application sufficient to
7524	7524	show that it would be more advantageous to the estate that a lease
7525	7525	be made privately and without compliance with those mandatory
7526	7526	requirements.
7527	7527	(b) Leases authorized under this subchapter may include
7528	7528	pooling provisions or unitization clauses as in other cases. (Tex.
7529	7529	Prob. Code, Sec. 848(a).)
7530	7530	Sec. 1160.102. ACTION OF COURT IF PUBLIC ADVERTISING NOT
7531	7531	REQUIRED. (a) At any time after the fifth day and before the 11th
7532	7532	day after the filing date of an application to lease at a private
7533	7533	sale and without an order setting the hearing time and place, the
7534	7534	court shall:
7535	7535	(1) hear the application;
7536	7536	(2) inquire into the manner in which the proposed
7537	7537	lease has been or will be made; and
7538	7538	(3) hear evidence for or against the application.
7539	7539	(b) If the court is satisfied that the lease has been or will
7540	7540	be made for a fair and sufficient consideration and on fair terms
7541	7541	and has been or will be properly made in conformity with law, the
7542	7542	court shall enter an order authorizing the execution of the lease
7543	7543	without the necessity of advertising, notice, or citation. The
7544	7544	order must comply in all other respects with the requirements
7545	7545	essential to the validity of mineral leases set out in Subchapter B
7546	7546	as if advertising or notice were required.
7547	7547	(c) An order that confirms a lease made at a private sale
7548	7548	does not need to be issued. A lease made at a private sale is not
7549	7549	valid until any increased or additional bond required by the court
7550	7550	has been approved by the court and filed with the court clerk.
7551	7551	(Tex. Prob. Code, Sec. 848(b).)
7552	7552	[Sections 1160.103-1160.150 reserved for expansion]
7553	7553	SUBCHAPTER D. POOLING OR UNITIZATION OF ROYALTIES OR MINERALS
7554	7554	Sec. 1160.151. AUTHORIZATION FOR POOLING OR UNITIZATION.
7555	7555	(a) If an existing lease on property owned by an estate being
7556	7556	administered does not adequately provide for pooling or
7557	7557	unitization, the court in which the proceeding is pending may, in
7558	7558	the manner provided by this subchapter, authorize the commitment of
7559	7559	royalty or mineral interests in oil, liquid hydrocarbons, gas,
7560	7560	gaseous elements, and other minerals or any one or more of them
7561	7561	owned by the estate to agreements that provide for the operation of
7562	7562	areas as a pool or unit for the exploration for, development of, and
7563	7563	production of all of those minerals, if the court finds that:
7564	7564	(1) the pool or unit to which the agreement relates
7565	7565	will be operated in a manner that protects correlative rights or
7566	7566	prevents the physical or economic waste of oil, liquid
7567	7567	hydrocarbons, gas, gaseous elements, or other minerals subject to
7568	7568	the agreement; and
7569	7569	(2) it is in the best interests of the estate to
7570	7570	execute the agreement.
7571	7571	(b) An agreement authorized under Subsection (a) may
7572	7572	provide that:
7573	7573	(1) operations incident to the drilling of or
7574	7574	production from a well on any portion of a pool or unit are
7575	7575	considered for all purposes to be the conduct of operations on or
7576	7576	production from each separately owned tract in the pool or unit;
7577	7577	(2) any lease covering any part of the area committed
7578	7578	to a pool or unit continues in effect in its entirety as long as:
7579	7579	(A) oil, gas, or other minerals subject to the
7580	7580	agreement are produced in paying quantities from any part of the
7581	7581	pooled or unitized area;
7582	7582	(B) operations are conducted as provided in the
7583	7583	lease on any part of the pooled or unitized area; or
7584	7584	(C) there is a shut-in gas well on any part of the
7585	7585	pooled or unitized area, if the presence of the shut-in gas well is
7586	7586	a ground for continuation of the lease under the terms of the lease;
7587	7587	(3) the production allocated by the agreement to each
7588	7588	tract included in a pool or unit shall, when produced, be considered
7589	7589	for all purposes to have been produced from the tract by a well
7590	7590	drilled on the tract;
7591	7591	(4) the royalties provided for on production from any
7592	7592	tract or portion of a tract within the pool or unit shall be paid
7593	7593	only on that portion of the production allocated to the tract in
7594	7594	accordance with the agreement;
7595	7595	(5) the dry gas, before or after extraction of
7596	7596	hydrocarbons, may be returned to a formation underlying any land or
7597	7597	leases committed to the agreement, and that royalties are not
7598	7598	required to be paid on the gas returned; and
7599	7599	(6) gas obtained from other sources or another tract
7600	7600	of land may be injected into a formation underlying any land or
7601	7601	lease committed to the agreement, and that royalties are not
7602	7602	required to be paid on the gas injected when the gas is produced
7603	7603	from the unit. (Tex. Prob. Code, Secs. 849(a), (b).)
7604	7604	Sec. 1160.152. POOLING OR UNITIZATION APPLICATION. (a)
7605	7605	The guardian of the estate shall file with the county clerk of the
7606	7606	county in which the guardianship proceeding is pending a written
7607	7607	application for authority to:
7608	7608	(1) enter into a pooling or unitization agreement
7609	7609	supplementing, amending, or otherwise relating to any existing
7610	7610	lease covering property owned by the estate; or
7611	7611	(2) commit royalties or other interests in minerals,
7612	7612	whether or not subject to a lease, to a pooling or unitization
7613	7613	agreement.
7614	7614	(b) The pooling or unitization application must also:
7615	7615	(1) sufficiently describe the property as required in
7616	7616	an original lease application;
7617	7617	(2) describe briefly the lease to which the interest
7618	7618	of the estate is subject; and
7619	7619	(3) set out the reasons the proposed agreement
7620	7620	concerning the property should be entered into.
7621	7621	(c) A copy of the proposed agreement must be attached to the
7622	7622	pooling or unitization application and made a part of the
7623	7623	application by reference.
7624	7624	(d) The agreement may not be recorded in the judge's
7625	7625	guardianship docket.
7626	7626	(e) Immediately after the pooling or unitization
7627	7627	application is filed, the clerk shall call the application to the
7628	7628	judge's attention. (Tex. Prob. Code, Sec. 849(c).)
7629	7629	Sec. 1160.153. NOTICE NOT REQUIRED. Notice by advertising,
7630	7630	citation, or otherwise of the filing of a pooling or unitization
7631	7631	application under Section 1160.152 is not required. (Tex. Prob.
7632	7632	Code, Sec. 849(d).)
7633	7633	Sec. 1160.154. HEARING ON APPLICATION. (a) The judge may
7634	7634	hold a hearing on a pooling or unitization application filed under
7635	7635	Section 1160.152 at any time agreeable to the parties to the
7636	7636	proposed agreement.
7637	7637	(b) The judge shall hear evidence and determine to the
7638	7638	judge's satisfaction whether it is in the best interests of the
7639	7639	estate that the proposed agreement be authorized.
7640	7640	(c) The hearing may be continued from day to day and from
7641	7641	time to time as the court finds necessary. (Tex. Prob. Code, Sec.
7642	7642	849(e).)
7643	7643	Sec. 1160.155. ACTION OF COURT AND CONTENTS OF ORDER. (a)
7644	7644	The court shall enter an order setting out the court's findings and
7645	7645	authorizing execution of the proposed pooling or unitization
7646	7646	agreement, with or without payment of cash consideration according
7647	7647	to the agreement, if the court finds that:
7648	7648	(1) the pool or unit to which the agreement relates
7649	7649	will be operated in a manner that protects correlative rights or
7650	7650	prevents the physical or economic waste of oil, liquid
7651	7651	hydrocarbons, gas, gaseous elements, or other minerals subject to
7652	7652	the pool or unit;
7653	7653	(2) it is in the best interests of the estate that the
7654	7654	agreement be executed; and
7655	7655	(3) the agreement conforms substantially with the
7656	7656	permissible provisions of Section 1160.151.
7657	7657	(b) If cash consideration is to be paid for the pooling or
7658	7658	unitization agreement, the court shall make a finding as to the
7659	7659	necessity of increased or additional bond as a finding is made in
7660	7660	the making of leases on payment of the cash bonus for the lease. The
7661	7661	agreement is not valid until any required increased or additional
7662	7662	bond has been approved by the judge and filed with the clerk.
7663	7663	(c) If the effective date of the pooling or unitization
7664	7664	agreement is not stipulated in the agreement, the effective date of
7665	7665	the agreement is the date of the court's order. (Tex. Prob. Code,
7666	7666	Sec. 849(f).)
7667	7667	[Sections 1160.156-1160.200 reserved for expansion]
7668	7668	SUBCHAPTER E. SPECIAL ANCILLARY INSTRUMENTS THAT MAY BE EXECUTED
7669	7669	WITHOUT COURT ORDER
7670	7670	Sec. 1160.201. AUTHORIZATION FOR EXECUTION OF CERTAIN
7671	7671	INSTRUMENTS. As to any mineral lease or pooling or unitization
7672	7672	agreement, executed on behalf of an estate before September 1,
7673	7673	1993, pursuant to provisions, or executed by a former owner of land,
7674	7674	minerals, or royalty affected by the lease or agreement, the
7675	7675	guardian of the estate being administered, without further court
7676	7676	order and without consideration, may execute:
7677	7677	(1) division orders;
7678	7678	(2) transfer orders;
7679	7679	(3) instruments of correction;
7680	7680	(4) instruments designating depository banks for the
7681	7681	receipt of delay rentals or shut-in gas well royalty to accrue or
7682	7682	become payable under the terms of the lease; or
7683	7683	(5) similar instruments relating to the lease or
7684	7684	agreement and the property covered by the lease or agreement. (Tex.
7685	7685	Prob. Code, Sec. 850.)
7686	7686	[Sections 1160.202-1160.250 reserved for expansion]
7687	7687	SUBCHAPTER F. PROCEDURE IF GUARDIAN OF ESTATE NEGLECTS TO APPLY FOR
7688	7688	AUTHORITY
7689	7689	Sec. 1160.251. APPLICATION TO SHOW CAUSE. If a guardian of
7690	7690	an estate neglects to apply for authority to subject estate
7691	7691	property to a lease for mineral development, pooling, or
7692	7692	unitization, or authority to commit royalty or another interest in
7693	7693	minerals to pooling or unitization, any person interested in the
7694	7694	estate may, on written application filed with the county clerk,
7695	7695	have the guardian cited to show cause why it is not in the best
7696	7696	interests of the estate to make the lease or enter into an
7697	7697	agreement. (Tex. Prob. Code, Sec. 851 (part).)
7698	7698	Sec. 1160.252. HEARING ON APPLICATION. (a) The county
7699	7699	clerk shall immediately call the filing of an application under
7700	7700	Section 1160.251 to the attention of the judge of the court in which
7701	7701	the guardianship proceeding is pending.
7702	7702	(b) The judge shall set a time and place for a hearing on the
7703	7703	application, and the guardian of the estate shall be cited to appear
7704	7704	and show cause why the execution of a lease or agreement described
7705	7705	by Section 1160.251 should not be ordered. (Tex. Prob. Code, Sec.
7706	7706	851 (part).)
7707	7707	Sec. 1160.253. ORDER. On a hearing conducted under Section
7708	7708	1160.252 and if satisfied from the evidence that it would be in the
7709	7709	best interests of the estate, the court shall enter an order
7710	7710	requiring the guardian of the estate to file an application to
7711	7711	subject the estate property to a lease for mineral development,
7712	7712	with or without pooling or unitization provisions, or to commit
7713	7713	royalty or other minerals to pooling or unitization, as
7714	7714	appropriate. (Tex. Prob. Code, Sec. 851 (part).)
7715	7715	Sec. 1160.254. PROCEDURE TO BE FOLLOWED AFTER ENTRY OF
7716	7716	ORDER. After entry of an order under Section 1160.253, the
7717	7717	procedures prescribed with respect to an original lease
7718	7718	application, or with respect to an original application for
7719	7719	authority to commit royalty or minerals to pooling or unitization, shall be followed. (Tex. Prob. Code, Sec. 851 (part).)
7720	7720	CHAPTER 1161. INVESTMENTS AND LOANS OF ESTATES OF WARDS
7721	7721	SUBCHAPTER A. GENERAL PROVISIONS
7722	7722	Sec. 1161.001. GUARDIAN'S DUTY TO KEEP ESTATE INVESTED
7723	7723	Sec. 1161.002. STANDARD FOR MANAGEMENT AND INVESTMENT
7724	7724	OF ESTATE
7725	7725	Sec. 1161.003. INVESTMENTS THAT MEET STANDARD FOR
7726	7726	INVESTMENT
7727	7727	Sec. 1161.004. RESTRICTIONS ON INVESTMENT IN CERTAIN
7728	7728	BONDS
7729	7729	Sec. 1161.005. MODIFICATION OR ELIMINATION OF DUTY OR
7730	7730	STANDARD
7731	7731	Sec. 1161.006. RETENTION OF CERTAIN ASSETS
7732	7732	Sec. 1161.007. HEARING TO PROTECT ESTATE
7733	7733	Sec. 1161.008. LIABILITY OF GUARDIAN AND GUARDIAN'S
7734	7734	SURETY
7735	7735	[Sections 1161.009-1161.050 reserved for expansion]
7736	7736	SUBCHAPTER B. PROCEDURE FOR MAKING INVESTMENTS OR LOANS OR
7737	7737	RETAINING ESTATE ASSETS
7738	7738	Sec. 1161.051. PROCEDURE IN GENERAL
7739	7739	Sec. 1161.052. COURT ACTION
7740	7740	Sec. 1161.053. APPLICABILITY OF PROCEDURE TO CERTAIN
7741	7741	ASSETS
7742	7742	Sec. 1161.054. INAPPLICABILITY OF PROCEDURE TO CERTAIN
7743	7743	ASSETS
7744	7744	[Sections 1161.055-1161.100 reserved for expansion]
7745	7745	SUBCHAPTER C. INVESTMENTS IN CERTAIN INSURANCE OR ANNUITIES
7746	7746	Sec. 1161.101. DEFINITION
7747	7747	Sec. 1161.102. AUTHORITY TO INVEST IN CERTAIN
7748	7748	INSURANCE OR ANNUITIES
7749	7749	Sec. 1161.103. INVESTMENT REQUIREMENTS
7750	7750	Sec. 1161.104. PROCEDURE FOR INVESTING IN INSURANCE OR
7751	7751	ANNUITIES
7752	7752	Sec. 1161.105. CONTINUATION OF PREEXISTING POLICIES OR
7753	7753	ANNUITIES
7754	7754	Sec. 1161.106. CONTROL AND OWNERSHIP OF POLICIES OR
7755	7755	ANNUITIES
7756	7756	[Sections 1161.107-1161.150 reserved for expansion]
7757	7757	SUBCHAPTER D. INVESTMENTS IN REAL ESTATE
7758	7758	Sec. 1161.151. AUTHORITY TO INVEST IN REAL ESTATE;
7759	7759	PROCEDURE AND REQUIREMENTS
7760	7760	Sec. 1161.152. COURT AUTHORIZATION TO MAKE INVESTMENTS
7761	7761	Sec. 1161.153. COURT APPROVAL OF CONTRACTS REQUIRED
7762	7762	[Sections 1161.154-1161.200 reserved for expansion]
7763	7763	SUBCHAPTER E. LOANS AND SECURITY FOR LOANS
7764	7764	Sec. 1161.201. INAPPLICABILITY OF SUBCHAPTER
7765	7765	Sec. 1161.202. AUTHORITY TO MAKE LOANS
7766	7766	Sec. 1161.203. LOAN REQUIREMENTS
7767	7767	Sec. 1161.204. GUARDIAN'S DUTY TO REPORT LOAN TO COURT
7768	7768	Sec. 1161.205. GUARDIAN'S LIABILITY
7769	7769	CHAPTER 1161. INVESTMENTS AND LOANS OF ESTATES OF WARDS
7770	7770	SUBCHAPTER A. GENERAL PROVISIONS
7771	7771	Sec. 1161.001. GUARDIAN'S DUTY TO KEEP ESTATE INVESTED.
7772	7772	(a) The guardian of the estate shall invest any funds and assets of
7773	7773	a ward's estate available for investment except:
7774	7774	(1) if the court orders otherwise under this chapter;
7775	7775	or
7776	7776	(2) as provided by Subsection (b).
7777	7777	(b) The guardian of the estate is not required to invest
7778	7778	funds that are immediately necessary for the education, support,
7779	7779	and maintenance of the ward or any others the ward supports as
7780	7780	provided by this title. (Tex. Prob. Code, Sec. 854(a).)
7781	7781	Sec. 1161.002. STANDARD FOR MANAGEMENT AND INVESTMENT OF
7782	7782	ESTATE. (a) In acquiring, investing, reinvesting, exchanging,
7783	7783	retaining, selling, supervising, and managing a ward's estate, a
7784	7784	guardian of the estate shall exercise the judgment and care under
7785	7785	the circumstances then prevailing that a person of ordinary
7786	7786	prudence, discretion, and intelligence exercises in the management
7787	7787	of the person's own affairs, considering the probable income from,
7788	7788	probable increase in value of, and safety of the person's capital.
7789	7789	The guardian shall also consider all other relevant factors,
7790	7790	including:
7791	7791	(1) the anticipated costs of supporting the ward;
7792	7792	(2) the ward's age, education, current income, ability
7793	7793	to earn additional income, net worth, and liabilities;
7794	7794	(3) the nature of the ward's estate; and
7795	7795	(4) any other resources reasonably available to the
7796	7796	ward.
7797	7797	(b) In determining whether a guardian of the estate has
7798	7798	exercised the standard of investment required by this section with
7799	7799	respect to an investment decision, the court shall, absent fraud or
7800	7800	gross negligence, consider the investment of all the estate assets
7801	7801	over which the guardian has management or control, rather than
7802	7802	considering the prudence of only a single investment made by the
7803	7803	guardian. (Tex. Prob. Code, Secs. 855(a), (a-1).)
7804	7804	Sec. 1161.003. INVESTMENTS THAT MEET STANDARD FOR
7805	7805	INVESTMENT. A guardian of the estate is considered to have
7806	7806	exercised the standard required by Section 1161.002(a) with respect
7807	7807	to investing the ward's estate if the guardian invests in the
7808	7808	following:
7809	7809	(1) bonds or other obligations of the United States;
7810	7810	(2) tax-supported bonds of this state;
7811	7811	(3) except as limited by Sections 1161.004(b) and (c),
7812	7812	tax-supported bonds of a county, district, political subdivision,
7813	7813	or municipality in this state;
7814	7814	(4) if the payment of the shares or share accounts is
7815	7815	insured by the Federal Deposit Insurance Corporation, shares or
7816	7816	share accounts of:
7817	7817	(A) a state savings and loan association or
7818	7818	savings bank that has its main office or a branch office in this
7819	7819	state; or
7820	7820	(B) a federal savings and loan association or
7821	7821	savings bank that has its main office or a branch office in this
7822	7822	state;
7823	7823	(5) collateral bonds that:
7824	7824	(A) are issued by a company incorporated under
7825	7825	the laws of this state that has a paid-in capital of $1 million or
7826	7826	more;
7827	7827	(B) are a direct obligation of the company; and
7828	7828	(C) are specifically secured by first mortgage
7829	7829	real estate notes or other securities pledged with a trustee; or
7830	7830	(6) interest-bearing time deposits that may be
7831	7831	withdrawn on or before one year after demand in a bank that does
7832	7832	business in this state, if the payment of the time deposits is
7833	7833	insured by the Federal Deposit Insurance Corporation. (Tex. Prob.
7834	7834	Code, Sec. 855(b).)
7835	7835	Sec. 1161.004. RESTRICTIONS ON INVESTMENT IN CERTAIN BONDS.
7836	7836	(a) In this section, "net funded debt" means the total funded debt
7837	7837	less sinking funds on hand.
7838	7838	(b) A guardian of the estate may purchase the bonds of a
7839	7839	county, district, or political subdivision other than a
7840	7840	municipality only if the net funded debt of the county, district, or
7841	7841	political subdivision that issues the bonds does not exceed 10
7842	7842	percent of the assessed value of taxable property in the county,
7843	7843	district, or political subdivision.
7844	7844	(c) A guardian of the estate may purchase the bonds of a
7845	7845	municipality only if the net funded debt of the municipality does
7846	7846	not exceed 10 percent of the assessed value of taxable property in
7847	7847	the municipality less that part of the debt incurred for
7848	7848	acquisition or improvement of revenue-producing utilities, the
7849	7849	revenue of which is not pledged to support other obligations of the
7850	7850	municipality.
7851	7851	(d) Subsections (b) and (c) do not apply to bonds issued for
7852	7852	road purposes in this state under Section 52, Article III, Texas
7853	7853	Constitution, that are supported by a tax unlimited as to rate or
7854	7854	amount. (Tex. Prob. Code, Secs. 855(c), (d), (e), (f).)
7855	7855	Sec. 1161.005. MODIFICATION OR ELIMINATION OF DUTY OR
7856	7856	STANDARD. On a showing by clear and convincing evidence that the
7857	7857	action is in the best interests of the ward and the ward's estate,
7858	7858	the court may modify or eliminate:
7859	7859	(1) the duty of the guardian of the estate to keep the
7860	7860	estate invested; or
7861	7861	(2) the standard required by Section 1161.002(a) with
7862	7862	regard to investments of estate assets. (Tex. Prob. Code, Sec.
7863	7863	855(g).)
7864	7864	Sec. 1161.006. RETENTION OF CERTAIN ASSETS. (a) Without
7865	7865	court approval a guardian of the estate may retain until the first
7866	7866	anniversary of the date of receipt any property received into the
7867	7867	guardianship estate at the estate's inception or added to the
7868	7868	estate by gift, devise, inheritance, mutation, or increase, without
7869	7869	regard to diversification of investments and without liability for
7870	7870	any depreciation or loss resulting from the retention.
7871	7871	(b) The guardian shall care for and manage the retained
7872	7872	assets as a person of ordinary prudence, discretion, and
7873	7873	intelligence would in caring for and managing the person's own
7874	7874	affairs.
7875	7875	(c) On application and a hearing, the court may issue an
7876	7876	order authorizing the guardian to continue retaining the property
7877	7877	after the period prescribed by Subsection (a) if the retention is an
7878	7878	element of the guardian's investment plan as provided by Subchapter
7879	7879	B. (Tex. Prob. Code, Sec. 855A.)
7880	7880	Sec. 1161.007. HEARING TO PROTECT ESTATE. (a) The court
7881	7881	may, on the court's own motion or on written request of a person
7882	7882	interested in the guardianship, cite the guardian of the estate to
7883	7883	appear and show cause why the estate is not invested or not properly
7884	7884	invested.
7885	7885	(b) Except as provided by Subsection (d), at any time after
7886	7886	giving notice to all parties, the court may conduct a hearing to
7887	7887	protect the estate.
7888	7888	(c) On the hearing of the court's motion or a request made
7889	7889	under this section, the court shall issue an order the court
7890	7890	considers to be in the ward's best interests.
7891	7891	(d) The court may not hold a final hearing on whether the
7892	7892	estate is properly invested until the 31st day after the date the
7893	7893	guardian is originally cited to appear under Subsection (a).
7894	7894	(e) The court may appoint a guardian ad litem for the
7895	7895	limited purpose of representing the ward's best interests with
7896	7896	respect to the investment of the ward's property at a hearing under
7897	7897	this section. (Tex. Prob. Code, Secs. 854(b), (c).)
7898	7898	Sec. 1161.008. LIABILITY OF GUARDIAN AND GUARDIAN'S SURETY.
7899	7899	(a) In addition to any other remedy authorized by law, if the
7900	7900	guardian of the estate fails to invest or lend estate assets in the
7901	7901	manner provided by this chapter, the guardian and the guardian's
7902	7902	surety are liable for the principal and the greater of:
7903	7903	(1) the highest legal rate of interest on the
7904	7904	principal during the period the guardian failed to invest or lend
7905	7905	the assets; or
7906	7906	(2) the overall return that would have been made on the
7907	7907	principal if the principal were invested in the manner provided by
7908	7908	this chapter.
7909	7909	(b) In addition to the liability under Subsection (a), the
7910	7910	guardian and the guardian's surety are liable for attorney's fees,
7911	7911	litigation expenses, and costs related to a proceeding brought to
7912	7912	enforce this section. (Tex. Prob. Code, Sec. 863.)
7913	7913	[Sections 1161.009-1161.050 reserved for expansion]
7914	7914	SUBCHAPTER B. PROCEDURE FOR MAKING INVESTMENTS OR LOANS OR
7915	7915	RETAINING ESTATE ASSETS
7916	7916	Sec. 1161.051. PROCEDURE IN GENERAL. (a) Not later than
7917	7917	the 180th day after the date the guardian of the estate qualifies as
7918	7918	guardian or another date specified by the court, the guardian
7919	7919	shall:
7920	7920	(1) invest estate assets according to Section
7921	7921	1161.003; or
7922	7922	(2) file a written application with the court for an
7923	7923	order:
7924	7924	(A) authorizing the guardian to:
7925	7925	(i) develop and implement an investment
7926	7926	plan for estate assets;
7927	7927	(ii) invest in or sell securities under an
7928	7928	investment plan developed under Subparagraph (i);
7929	7929	(iii) declare that one or more estate
7930	7930	assets must be retained, despite being underproductive with respect
7931	7931	to income or overall return; or
7932	7932	(iv) loan estate funds, invest in real
7933	7933	estate or make other investments, or purchase a life, term, or
7934	7934	endowment insurance policy or an annuity contract; or
7935	7935	(B) modifying or eliminating the guardian's duty
7936	7936	to invest the estate.
7937	7937	(b) The court may approve an investment plan under
7938	7938	Subsection (a)(2) without a hearing. (Tex. Prob. Code, Secs.
7939	7939	855B(a), (a-1).)
7940	7940	Sec. 1161.052. COURT ACTION. (a) If the court determines
7941	7941	that the action requested in the application is in the best
7942	7942	interests of the ward and the ward's estate, the court shall issue
7943	7943	an order:
7944	7944	(1) granting the authority requested in the
7945	7945	application; or
7946	7946	(2) modifying or eliminating the guardian's duty to
7947	7947	keep the estate invested.
7948	7948	(b) An order under Subsection (a) must state in reasonably
7949	7949	specific terms:
7950	7950	(1) the nature of the investment, investment plan, or
7951	7951	other action requested in the application and authorized by the
7952	7952	court, including any authority to invest in and sell securities in
7953	7953	accordance with the investment plan's objectives;
7954	7954	(2) when an investment must be reviewed and
7955	7955	reconsidered by the guardian; and
7956	7956	(3) whether the guardian must report the guardian's
7957	7957	review and recommendations to the court.
7958	7958	(c) A citation or notice is not necessary to invest in or
7959	7959	sell securities under an investment plan authorized by the court
7960	7960	under this section. (Tex. Prob. Code, Secs. 855B(b), (e).)
7961	7961	Sec. 1161.053. APPLICABILITY OF PROCEDURE TO CERTAIN
7962	7962	ASSETS. The fact that an account or other asset is the subject of a
7963	7963	specific or general gift under a ward's will, if any, or that a ward
7964	7964	has funds, securities, or other property held with a right of
7965	7965	survivorship does not prevent:
7966	7966	(1) the guardian of the estate from taking possession
7967	7967	and control of the asset or closing the account; or
7968	7968	(2) the court from authorizing an action or modifying
7969	7969	or eliminating a duty with respect to the possession, control, or
7970	7970	investment of the account or other asset. (Tex. Prob. Code, Sec.
7971	7971	855B(c).)
7972	7972	Sec. 1161.054. INAPPLICABILITY OF PROCEDURE TO CERTAIN
7973	7973	ASSETS. (a) The procedure prescribed by this subchapter does not
7974	7974	apply if a different procedure is prescribed for an investment or
7975	7975	sale by a guardian.
7976	7976	(b) A guardian of the estate is not required to follow the
7977	7977	procedure prescribed by this subchapter with respect to an
7978	7978	investment or sale that is specifically authorized by other law.
7979	7979	(Tex. Prob. Code, Sec. 855B(d).)
7980	7980	[Sections 1161.055-1161.100 reserved for expansion]
7981	7981	SUBCHAPTER C. INVESTMENTS IN CERTAIN INSURANCE OR ANNUITIES
7982	7982	Sec. 1161.101. DEFINITION. In this subchapter, "authorized
7983	7983	life insurance company" means a stock or mutual legal reserve life
7984	7984	insurance company that:
7985	7985	(1) is licensed by the Texas Department of Insurance
7986	7986	to transact the business of life insurance in this state; and
7987	7987	(2) maintains the legal reserve required by the laws
7988	7988	of this state. (Tex. Prob. Code, Sec. 857(a).)
7989	7989	Sec. 1161.102. AUTHORITY TO INVEST IN CERTAIN INSURANCE OR
7990	7990	ANNUITIES. Subject to this subchapter, the guardian of the estate
7991	7991	may invest in life, term, or endowment insurance policies, in
7992	7992	annuity contracts, or in both, issued by an authorized life
7993	7993	insurance company or administered by the Department of Veterans
7994	7994	Affairs. (Tex. Prob. Code, Sec. 857(b).)
7995	7995	Sec. 1161.103. INVESTMENT REQUIREMENTS. (a) An insurance
7996	7996	policy in which the guardian of the estate invests must be issued on
7997	7997	the life of:
7998	7998	(1) the ward;
7999	7999	(2) the ward's parent, spouse, child, sibling, or
8000	8000	grandparent; or
8001	8001	(3) another person in whose life the ward may have an
8002	8002	insurable interest.
8003	8003	(b) The ward must be the annuitant in the annuity contract
8004	8004	in which the guardian of the estate invests.
8005	8005	(c) Only the ward, the ward's estate, or the ward's parent,
8006	8006	spouse, child, sibling, or grandparent may be a beneficiary of the
8007	8007	insurance policy or of the death benefit of the annuity contract.
8008	8008	(d) The insurance policy or annuity contract may not be
8009	8009	amended or changed during the ward's life and disability, except on
8010	8010	application to and order of the court. (Tex. Prob. Code, Secs.
8011	8011	857(d), (e), (g).)
8012	8012	Sec. 1161.104. PROCEDURE FOR INVESTING IN INSURANCE OR
8013	8013	ANNUITIES. (a) Before the guardian of the estate may invest in
8014	8014	life, term, or endowment insurance policies, in annuity contracts,
8015	8015	or in both, the guardian must first apply to the court for an order
8016	8016	that authorizes the investment.
8017	8017	(b) The application must include a report that shows:
8018	8018	(1) in detail the estate's financial condition on the
8019	8019	date the application is filed;
8020	8020	(2) the name and address of the authorized life
8021	8021	insurance company from which the insurance policy or annuity
8022	8022	contract is to be purchased and that:
8023	8023	(A) the company is licensed by the Texas
8024	8024	Department of Insurance to transact that business in this state on
8025	8025	the date the application is filed; or
8026	8026	(B) the policy or contract is administered by the
8027	8027	Department of Veterans Affairs;
8028	8028	(3) a statement of:
8029	8029	(A) the face amount and plan of the insurance
8030	8030	policy sought to be purchased; and
8031	8031	(B) the amount, frequency, and duration of the
8032	8032	annuity payments to be provided by the annuity contract sought to be
8033	8033	purchased;
8034	8034	(4) a statement of the amount, frequency, and duration
8035	8035	of the premiums required by the insurance policy or annuity
8036	8036	contract; and
8037	8037	(5) a statement of the cash value of the insurance
8038	8038	policy or annuity contract at the policy's or contract's
8039	8039	anniversary nearest the ward's 21st birthday, assuming that all
8040	8040	premiums to the anniversary are paid and that there is no
8041	8041	indebtedness against the policy or contract incurred in accordance
8042	8042	with its terms.
8043	8043	(c) If satisfied by the application and the evidence
8044	8044	presented at the hearing that it is in the ward's interests to grant
8045	8045	the application, the court shall enter an order granting the
8046	8046	application. (Tex. Prob. Code, Secs. 857(c), (i).)
8047	8047	Sec. 1161.105. CONTINUATION OF PREEXISTING POLICIES OR
8048	8048	ANNUITIES. (a) A life, term, or endowment insurance policy or an
8049	8049	annuity contract owned by the ward when a proceeding for the
8050	8050	appointment of a guardian of the estate is commenced may be
8051	8051	continued in full effect if it is shown that:
8052	8052	(1) the company issuing the policy or contract is an
8053	8053	authorized life insurance company; or
8054	8054	(2) the policy or contract is administered by the
8055	8055	Department of Veterans Affairs.
8056	8056	(b) All future premiums for an insurance policy or annuity
8057	8057	contract described by Subsection (a) may be paid out of surplus
8058	8058	funds of the ward's estate.
8059	8059	(c) The guardian of the estate must apply to the court for an
8060	8060	order to:
8061	8061	(1) continue the policy, the contract, or both
8062	8062	according to the existing terms of the policy or contract; or
8063	8063	(2) modify the policy or contract to fit any new
8064	8064	developments affecting the ward's welfare.
8065	8065	(d) Before the court grants an application filed under
8066	8066	Subsection (c), the guardian must file a report in the court that
8067	8067	shows in detail the financial condition of the ward's estate on the
8068	8068	date the application is filed. (Tex. Prob. Code, Sec. 857(h).)
8069	8069	Sec. 1161.106. CONTROL AND OWNERSHIP OF POLICIES OR
8070	8070	ANNUITIES. (a) Control of an insurance policy or an annuity
8071	8071	contract and of the incidents of ownership in the policy or contract
8072	8072	is vested in the guardian of the estate during the ward's life and
8073	8073	disability.
8074	8074	(b) A right, benefit, or interest that accrues under an
8075	8075	insurance policy or annuity contract subject to this subchapter
8076	8076	becomes the ward's exclusive property when the ward's disability is
8077	8077	terminated. (Tex. Prob. Code, Secs. 857(f), (j).)
8078	8078	[Sections 1161.107-1161.150 reserved for expansion]
8079	8079	SUBCHAPTER D. INVESTMENTS IN REAL ESTATE
8080	8080	Sec. 1161.151. AUTHORITY TO INVEST IN REAL ESTATE;
8081	8081	PROCEDURE AND REQUIREMENTS. (a) The guardian of the estate may
8082	8082	invest estate assets in real estate if:
8083	8083	(1) the guardian believes that the investment is in
8084	8084	the ward's best interests;
8085	8085	(2) there are on hand sufficient additional assets to
8086	8086	provide a return sufficient to provide for:
8087	8087	(A) the education, support, and maintenance of
8088	8088	the ward and others the ward supports, if applicable; and
8089	8089	(B) the maintenance, insurance, and taxes on the
8090	8090	real estate in which the guardian wishes to invest;
8091	8091	(3) the guardian files a written application with the
8092	8092	court requesting a court order authorizing the guardian to make the
8093	8093	desired investment and stating the reasons why, in the guardian's
8094	8094	opinion, the investment would be for the ward's benefit; and
8095	8095	(4) the court issues an order authorizing the
8096	8096	investment as provided by this subchapter.
8097	8097	(b) If the ward's money is invested in real estate, the
8098	8098	title to the real estate shall be made to the ward. The guardian
8099	8099	shall inventory, appraise, manage, and account for the real estate
8100	8100	as the guardian does with other real estate of the ward. (Tex.
8101	8101	Prob. Code, Secs. 860(a), (d).)
8102	8102	Sec. 1161.152. COURT AUTHORIZATION TO MAKE INVESTMENTS.
8103	8103	(a) If the guardian of the estate files an application under this
8104	8104	subchapter, the judge shall investigate as necessary to obtain all
8105	8105	the facts concerning the investment.
8106	8106	(b) Subject to Subsection (c), on the hearing of the
8107	8107	application, the court shall issue an order that authorizes the
8108	8108	guardian to make the investment if the court is satisfied that the
8109	8109	investment benefits the ward. The order must specify the
8110	8110	investment to be made and contain other directions the court
8111	8111	considers advisable.
8112	8112	(c) The judge may not issue an opinion or order on the
8113	8113	application until after the 10th day after the date the application
8114	8114	is filed. (Tex. Prob. Code, Sec. 860(b).)
8115	8115	Sec. 1161.153. COURT APPROVAL OF CONTRACTS REQUIRED. (a)
8116	8116	If a contract is made for the investment of money in real estate
8117	8117	under a court order, the guardian of the estate shall report the
8118	8118	contract in writing to the court.
8119	8119	(b) The court shall inquire fully into the contract. If
8120	8120	satisfied that the investment will benefit the ward's estate and
8121	8121	that the title of the real estate is valid and unencumbered, the
8122	8122	court may approve the contract and authorize the guardian to pay
8123	8123	money in performance of the contract.
8124	8124	(c) The guardian may not pay any money on the contract until
8125	8125	the contract is approved by a court order to that effect. (Tex.
8126	8126	Prob. Code, Sec. 860(c).)
8127	8127	[Sections 1161.154-1161.200 reserved for expansion]
8128	8128	SUBCHAPTER E. LOANS AND SECURITY FOR LOANS
8129	8129	Sec. 1161.201. INAPPLICABILITY OF SUBCHAPTER. This
8130	8130	subchapter does not apply to an investment in a debenture, bond, or
8131	8131	other publicly traded debt security. (Tex. Prob. Code, Sec.
8132	8132	858(h).)
8133	8133	Sec. 1161.202. AUTHORITY TO MAKE LOANS. (a) If, at any
8134	8134	time, the guardian of the estate has on hand money belonging to the
8135	8135	ward in an amount that provides a return that is more than is
8136	8136	necessary for the education, support, and maintenance of the ward
8137	8137	and others the ward supports, if applicable, the guardian may lend
8138	8138	the money for a reasonable interest rate.
8139	8139	(b) The guardian of the estate is considered to have
8140	8140	obtained a reasonable interest rate for a loan for purposes of
8141	8141	Subsection (a) if the interest rate is at least equal to 120 percent
8142	8142	of the applicable short-term, midterm, or long-term interest rate
8143	8143	under Section 7520, Internal Revenue Code of 1986, for the month
8144	8144	during which the loan was made. (Tex. Prob. Code, Secs. 858(a)
8145	8145	(part), (b).)
8146	8146	Sec. 1161.203. LOAN REQUIREMENTS. (a) Except as provided
8147	8147	by Subsection (b), the guardian of the estate shall take as
8148	8148	collateral the borrower's note for the money that is loaned,
8149	8149	secured by:
8150	8150	(1) a mortgage with a power of sale on unencumbered
8151	8151	real estate located in this state worth at least twice the amount of
8152	8152	the note; or
8153	8153	(2) collateral notes secured by vendor's lien notes.
8154	8154	(b) The guardian may purchase vendor's lien notes if at
8155	8155	least one-half has been paid in cash or its equivalent on the land
8156	8156	for which the notes were given.
8157	8157	(c) Except as provided by Subsection (d), a guardian of the
8158	8158	estate who lends estate money may not pay or transfer any money to
8159	8159	consummate the loan until the guardian:
8160	8160	(1) submits to a reputable attorney for examination
8161	8161	all bonds, notes, mortgages, abstracts, and other documents
8162	8162	relating to the loan; and
8163	8163	(2) receives a written opinion from the attorney
8164	8164	stating that the documents under Subdivision (1) are regular and
8165	8165	that the title to relevant bonds, notes, or real estate is clear.
8166	8166	(d) A guardian of the estate may obtain a mortgagee's title
8167	8167	insurance policy on any real estate loan instead of an abstract and
8168	8168	attorney's opinion under Subsection (c).
8169	8169	(e) The borrower shall pay attorney's fees for any legal
8170	8170	services required by Subsection (c). (Tex. Prob. Code, Secs.
8171	8171	858(a) (part), (d), (e), (f), 861.)
8172	8172	Sec. 1161.204. GUARDIAN'S DUTY TO REPORT LOAN TO COURT. (a)
8173	8173	Not later than the 30th day after the date the guardian of the
8174	8174	estate loans money from the estate, the guardian shall file with the
8175	8175	court a written report, accompanied and verified by an affidavit,
8176	8176	stating fully the facts related to the loan.
8177	8177	(b) This section does not apply to a loan made in accordance
8178	8178	with a court order. (Tex. Prob. Code, Secs. 858(g), 862.)
8179	8179	Sec. 1161.205. GUARDIAN'S LIABILITY. (a) Except as
8180	8180	provided by Subsection (b), a guardian of the estate who loans
8181	8181	estate money with the court's approval on security approved by the
8182	8182	court is not personally liable if the borrower is unable to repay
8183	8183	the money and the security fails.
8184	8184	(b) If the guardian committed fraud or was negligent in
8185	8185	making or managing the loan, including in collecting the loan, the
8186	8186	guardian and the guardian's surety are liable for the loss
8187	8187	sustained by the guardianship estate as a result of the fraud or negligence. (Tex. Prob. Code, Sec. 858(c).)
8188	8188	CHAPTER 1162. TAX-MOTIVATED AND CHARITABLE AND NONPROFIT GIFTS
8189	8189	SUBCHAPTER A. TAX-MOTIVATED GIFTS
8190	8190	Sec. 1162.001. AUTHORITY TO ESTABLISH ESTATE PLAN
8191	8191	Sec. 1162.002. ESTATE PLAN: CONTENTS AND MODIFICATION
8192	8192	Sec. 1162.003. NOTICE OF APPLICATION FOR ESTABLISHMENT
8193	8193	OF ESTATE PLAN
8194	8194	Sec. 1162.004. AUTHORITY TO MAKE PERIODIC GIFTS
8195	8195	Sec. 1162.005. APPLICATION FOR INSPECTION OF CERTAIN
8196	8196	DOCUMENTS
8197	8197	Sec. 1162.006. NOTICE OF APPLICATION FOR INSPECTION
8198	8198	Sec. 1162.007. HEARING ON APPLICATION FOR INSPECTION;
8199	8199	INSPECTION
8200	8200	Sec. 1162.008. GUARDIAN AD LITEM
8201	8201	[Sections 1162.009-1162.050 reserved for expansion]
8202	8202	SUBCHAPTER B. CHARITABLE AND NONPROFIT GIFTS
8203	8203	Sec. 1162.051. APPLICATION TO MAKE GIFT
8204	8204	Sec. 1162.052. HEARING ON APPLICATION TO MAKE GIFT
8205	8205	Sec. 1162.053. ORDER AUTHORIZING GIFT
8206	8206	CHAPTER 1162. TAX-MOTIVATED AND CHARITABLE AND NONPROFIT GIFTS
8207	8207	SUBCHAPTER A. TAX-MOTIVATED GIFTS
8208	8208	Sec. 1162.001. AUTHORITY TO ESTABLISH ESTATE PLAN. On
8209	8209	application of the guardian of the estate or any interested party,
8210	8210	after the posting of notice and hearing, and on a showing that the
8211	8211	ward will probably remain incapacitated during the ward's lifetime,
8212	8212	the court may enter an order that authorizes the guardian to apply
8213	8213	the principal or income of the ward's estate that is not required
8214	8214	for the support of the ward or the ward's family during the ward's
8215	8215	lifetime toward the establishment of an estate plan for the purpose
8216	8216	of minimizing income, estate, inheritance, or other taxes payable
8217	8217	out of the ward's estate. On the ward's behalf, the court may
8218	8218	authorize the guardian to make gifts, outright or in trust, of the
8219	8219	ward's personal property or real estate to or for the benefit of:
8220	8220	(1) an organization to which charitable contributions
8221	8221	may be made under the Internal Revenue Code of 1986 and in which it
8222	8222	is shown the ward would reasonably have an interest;
8223	8223	(2) the ward's spouse, descendant, or other person
8224	8224	related to the ward by blood or marriage who is identifiable at the
8225	8225	time of the order;
8226	8226	(3) a devisee under the ward's last validly executed
8227	8227	will, trust, or other beneficial instrument, if the instrument
8228	8228	exists; and
8229	8229	(4) a person serving as guardian of the ward, if the
8230	8230	person is eligible under Subdivision (2) or (3). (Tex. Prob. Code,
8231	8231	Sec. 865(a).)
8232	8232	Sec. 1162.002. ESTATE PLAN: CONTENTS AND MODIFICATION. (a)
8233	8233	The person making an application to the court under Section
8234	8234	1162.001 shall:
8235	8235	(1) outline the proposed estate plan; and
8236	8236	(2) state all the benefits that are to be derived from
8237	8237	the estate plan.
8238	8238	(b) The application must indicate that the planned
8239	8239	disposition is consistent with the ward's intentions, if the ward's
8240	8240	intentions can be ascertained. If the ward's intentions cannot be
8241	8241	ascertained, the ward will be presumed to favor reduction in the
8242	8242	incidence of the various forms of taxation and the partial
8243	8243	distribution of the ward's estate as provided by Sections 1162.001
8244	8244	and 1162.004.
8245	8245	(c) A subsequent modification of an approved estate plan may
8246	8246	be made by similar application to the court. (Tex. Prob. Code,
8247	8247	Secs. 865(b), (d).)
8248	8248	Sec. 1162.003. NOTICE OF APPLICATION FOR ESTABLISHMENT OF
8249	8249	ESTATE PLAN. A person who makes an application to the court under
8250	8250	Section 1162.001 shall mail notice of the application by certified
8251	8251	mail to:
8252	8252	(1) all devisees under a will, trust, or other
8253	8253	beneficial instrument relating to the ward's estate;
8254	8254	(2) the ward's spouse;
8255	8255	(3) the ward's dependents; and
8256	8256	(4) any other person as directed by the court. (Tex.
8257	8257	Prob. Code, Sec. 865(e).)
8258	8258	Sec. 1162.004. AUTHORITY TO MAKE PERIODIC GIFTS. (a) In an
8259	8259	order entered under Section 1162.001, the court may authorize the
8260	8260	guardian to make, without subsequent application to or order of the
8261	8261	court, gifts as provided by that section on an annual or other
8262	8262	periodic basis if the court finds it to be in the best interest of
8263	8263	the ward and the ward's estate.
8264	8264	(b) The court, on the court's own motion or on the motion of
8265	8265	a person interested in the welfare of the ward, may modify or set
8266	8266	aside an order entered under Subsection (a) if the court finds that
8267	8267	the ward's financial condition has changed in such a manner that
8268	8268	authorizing the guardian to make gifts of the estate on a continuing
8269	8269	basis is no longer in the best interest of the ward and the ward's
8270	8270	estate. (Tex. Prob. Code, Sec. 865(f).)
8271	8271	Sec. 1162.005. APPLICATION FOR INSPECTION OF CERTAIN
8272	8272	DOCUMENTS. (a) On the filing of an application under Section
8273	8273	1162.001 and for the purpose of establishing an estate plan under
8274	8274	that section, the guardian of the ward's estate may apply to the
8275	8275	court for an order to seek an in camera inspection of a copy of a
8276	8276	will, codicil, trust, or other estate planning instrument of the
8277	8277	ward as a means of obtaining access to the instrument.
8278	8278	(b) An application filed under this section must:
8279	8279	(1) be sworn to by the guardian;
8280	8280	(2) list each instrument requested for inspection; and
8281	8281	(3) state one or more reasons supporting the necessity
8282	8282	to inspect each requested instrument for the purpose described by
8283	8283	Subsection (a). (Tex. Prob. Code, Secs. 865A(a), (b).)
8284	8284	Sec. 1162.006. NOTICE OF APPLICATION FOR INSPECTION. (a) A
8285	8285	person who files an application under Section 1162.005 shall send a
8286	8286	copy of the application to:
8287	8287	(1) each person who has custody of an instrument
8288	8288	listed in the application;
8289	8289	(2) the ward's spouse;
8290	8290	(3) the ward's dependents;
8291	8291	(4) all devisees under a will, trust, or other
8292	8292	beneficial instrument relating to the ward's estate; and
8293	8293	(5) any other person as directed by the court.
8294	8294	(b) Notice required by Subsection (a) must be delivered by:
8295	8295	(1) registered or certified mail to a person described
8296	8296	by Subsection (a)(1); and
8297	8297	(2) certified mail to a person described by Subsection
8298	8298	(a)(2), (3), (4), or (5). (Tex. Prob. Code, Secs. 865A(c), (d)
8299	8299	(part).)
8300	8300	Sec. 1162.007. HEARING ON APPLICATION FOR INSPECTION;
8301	8301	INSPECTION. (a) After the 10th day after the date on which the
8302	8302	applicant complies with the notice requirement under Section
8303	8303	1162.006, the applicant may request that a hearing be held on the
8304	8304	application. Notice of the date, time, and place of the hearing
8305	8305	must be given by the applicant to each person described by Section
8306	8306	1162.006(a)(1) when the court sets a date for a hearing on the
8307	8307	application.
8308	8308	(b) After the conclusion of a hearing on the application for
8309	8309	inspection and on a finding that good cause exists for an in camera
8310	8310	inspection of a requested instrument, the court shall direct the
8311	8311	person that has custody of the requested will, codicil, trust, or
8312	8312	other estate planning instrument to deliver a copy of the
8313	8313	instrument to the court for in camera inspection only. After
8314	8314	conducting an in camera inspection of the instrument, the court, if
8315	8315	good cause exists, shall release all or part of the instrument to
8316	8316	the applicant only for the purpose described by Section
8317	8317	1162.005(a).
8318	8318	(c) An attorney does not violate the attorney-client
8319	8319	privilege solely by complying with a court order to release an
8320	8320	instrument subject to this section and Sections 1162.005 and
8321	8321	1162.006. Notwithstanding Section 22.004, Government Code, the
8322	8322	supreme court may not amend or adopt rules in conflict with this
8323	8323	subsection. (Tex. Prob. Code, Secs. 865A(d) (part), (e), (g).)
8324	8324	Sec. 1162.008. GUARDIAN AD LITEM. The court may appoint a
8325	8325	guardian ad litem for the ward or an interested party at any stage
8326	8326	of proceedings under this subchapter if it is considered advisable
8327	8327	for the protection of the ward or the interested party. (Tex. Prob.
8328	8328	Code, Secs. 865(c), 865A(f).)
8329	8329	[Sections 1162.009-1162.050 reserved for expansion]
8330	8330	SUBCHAPTER B. CHARITABLE AND NONPROFIT GIFTS
8331	8331	Sec. 1162.051. APPLICATION TO MAKE GIFT. The guardian of
8332	8332	the estate may at any time file with the county clerk the guardian's
8333	8333	sworn, written application requesting from the court in which the
8334	8334	guardianship is pending an order authorizing the guardian to
8335	8335	contribute from the income of the ward's estate the specific amount
8336	8336	of money stated in the application to one or more designated:
8337	8337	(1) corporations, trusts, or community chests, funds,
8338	8338	or foundations, organized and operated exclusively for religious,
8339	8339	charitable, scientific, literary, or educational purposes; or
8340	8340	(2) nonprofit federal, state, county, or municipal
8341	8341	projects operated exclusively for public health or welfare. (Tex.
8342	8342	Prob. Code, Sec. 866(a).)
8343	8343	Sec. 1162.052. HEARING ON APPLICATION TO MAKE GIFT. (a)
8344	8344	The county clerk shall immediately call the filing of an
8345	8345	application under Section 1162.051 to the attention of the judge of
8346	8346	the court.
8347	8347	(b) The judge shall designate, by written order filed with
8348	8348	the clerk, a day to hear the application. The application must
8349	8349	remain on file for at least 10 days before the hearing is held.
8350	8350	(c) The judge may postpone or continue the hearing from time
8351	8351	to time until the judge is satisfied concerning the application.
8352	8352	(Tex. Prob. Code, Sec. 866(b).)
8353	8353	Sec. 1162.053. ORDER AUTHORIZING GIFT. On the conclusion
8354	8354	of a hearing under Section 1162.052, the court may enter an order
8355	8355	authorizing the guardian to make a contribution from the income of
8356	8356	the ward's estate to a particular donee designated in the
8357	8357	application and order if the court is satisfied and finds from the
8358	8358	evidence that:
8359	8359	(1) the amount of the proposed contribution stated in
8360	8360	the application will probably not exceed 20 percent of the net
8361	8361	income of the ward's estate for the current calendar year;
8362	8362	(2) the net income of the ward's estate for the current
8363	8363	calendar year exceeds, or probably will exceed, $25,000;
8364	8364	(3) the full amount of the contribution, if made, will
8365	8365	probably be deductible from the ward's gross income in determining
8366	8366	the net income of the ward under applicable federal income tax laws
8367	8367	and rules;
8368	8368	(4) the condition of the ward's estate justifies a
8369	8369	contribution in the proposed amount; and
8370	8370	(5) the proposed contribution is reasonable in amount and is for a worthy cause. (Tex. Prob. Code, Sec. 866(c).)
8371	8371	CHAPTER 1163. ANNUAL ACCOUNT AND OTHER EXHIBITS AND REPORTS
8372	8372	SUBCHAPTER A. ANNUAL ACCOUNT AND OTHER EXHIBITS BY GUARDIAN OF THE
8373	8373	ESTATE
8374	8374	Sec. 1163.001. INITIAL ANNUAL ACCOUNT OF ESTATE
8375	8375	Sec. 1163.002. ANNUAL ACCOUNT REQUIRED UNTIL ESTATE
8376	8376	CLOSED
8377	8377	Sec. 1163.003. SUPPORTING VOUCHERS AND OTHER DOCUMENTS
8378	8378	ATTACHED TO ACCOUNT
8379	8379	Sec. 1163.004. METHOD OF PROOF FOR SECURITIES AND
8380	8380	OTHER ASSETS
8381	8381	Sec. 1163.005. VERIFICATION OF ACCOUNT AND STATEMENT
8382	8382	REGARDING TAXES
8383	8383	Sec. 1163.006. WAIVER OF ACCOUNT FILING
8384	8384	[Sections 1163.007-1163.050 reserved for expansion]
8385	8385	SUBCHAPTER B. ACTION ON ANNUAL ACCOUNT
8386	8386	Sec. 1163.051. FILING AND CONSIDERATION OF ANNUAL
8387	8387	ACCOUNT
8388	8388	Sec. 1163.052. CORRECTION AND APPROVAL OF ANNUAL
8389	8389	ACCOUNT
8390	8390	Sec. 1163.053. ORDER FOR PAYMENT OF CLAIMS IN FULL
8391	8391	Sec. 1163.054. ORDER FOR PRO RATA PAYMENT OF CLAIMS
8392	8392	[Sections 1163.055-1163.100 reserved for expansion]
8393	8393	SUBCHAPTER C. ANNUAL REPORT BY GUARDIAN OF THE PERSON
8394	8394	Sec. 1163.101. ANNUAL REPORT REQUIRED
8395	8395	Sec. 1163.102. REPORTING PERIOD
8396	8396	Sec. 1163.103. REPORT IN CASE OF DECEASED WARD
8397	8397	Sec. 1163.104. APPROVAL OF REPORT
8398	8398	Sec. 1163.105. ATTORNEY NOT REQUIRED
8399	8399	[Sections 1163.106-1163.150 reserved for expansion]
8400	8400	SUBCHAPTER D. PENALTIES
8401	8401	Sec. 1163.151. PENALTY FOR FAILURE TO FILE REQUIRED
8402	8402	ACCOUNT, EXHIBIT, OR REPORT
8403	8403	CHAPTER 1163. ANNUAL ACCOUNT AND OTHER EXHIBITS AND REPORTS
8404	8404	SUBCHAPTER A. ANNUAL ACCOUNT AND OTHER EXHIBITS BY GUARDIAN OF THE
8405	8405	ESTATE
8406	8406	Sec. 1163.001. INITIAL ANNUAL ACCOUNT OF ESTATE. (a) Not
8407	8407	later than the 60th day after the first anniversary of the date the
8408	8408	guardian of the estate of a ward qualifies, unless the court extends
8409	8409	that period, the guardian shall file with the court an account
8410	8410	consisting of a written exhibit made under oath that:
8411	8411	(1) lists all claims against the estate presented to
8412	8412	the guardian during the period covered by the account; and
8413	8413	(2) specifies:
8414	8414	(A) which claims have been:
8415	8415	(i) allowed by the guardian;
8416	8416	(ii) paid by the guardian; or
8417	8417	(iii) rejected by the guardian and the date
8418	8418	the claims were rejected; and
8419	8419	(B) which claims have been the subject of a
8420	8420	lawsuit and the status of that lawsuit.
8421	8421	(b) The account must:
8422	8422	(1) show all property that has come to the guardian's
8423	8423	knowledge or into the guardian's possession that was not previously
8424	8424	listed or inventoried as the ward's property;
8425	8425	(2) show any change in the ward's property that was not
8426	8426	previously reported;
8427	8427	(3) provide a complete account of receipts and
8428	8428	disbursements for the period covered by the account, including the
8429	8429	source and nature of the receipts and disbursements, with separate
8430	8430	listings for principal and income receipts;
8431	8431	(4) provide a complete, accurate, and detailed
8432	8432	description of:
8433	8433	(A) the property being administered;
8434	8434	(B) the condition of the property and the use
8435	8435	being made of the property; and
8436	8436	(C) if rented, the terms on which and the price
8437	8437	for which the property was rented;
8438	8438	(5) show the cash balance on hand and the name and
8439	8439	location of the depository where the balance is kept;
8440	8440	(6) show any other cash held in a savings account or
8441	8441	other manner that was deposited subject to court order and the name
8442	8442	and location of the depository for that cash; and
8443	8443	(7) provide a detailed description of the personal
8444	8444	property of the estate that shows how and where the property is held
8445	8445	for safekeeping.
8446	8446	(c) For bonds, notes, and other securities, the description
8447	8447	required by Subsection (b)(7) must include:
8448	8448	(1) the names of the obligor and obligee or, if payable
8449	8449	to bearer, a statement that the bond, note, or other security is
8450	8450	payable to bearer;
8451	8451	(2) the date of issue and maturity;
8452	8452	(3) the interest rate;
8453	8453	(4) the serial number or other identifying numbers;
8454	8454	(5) the manner in which the property is secured; and
8455	8455	(6) other information necessary to fully identify the
8456	8456	bond, note, or other security. (Tex. Prob. Code, Sec. 741(a).)
8457	8457	Sec. 1163.002. ANNUAL ACCOUNT REQUIRED UNTIL ESTATE CLOSED.
8458	8458	(a) A guardian of the estate shall file an annual account
8459	8459	conforming to the essential requirements of Section 1163.001
8460	8460	regarding changes in the estate assets occurring since the date the
8461	8461	most recent previous account was filed.
8462	8462	(b) The annual account must be filed in a manner that allows
8463	8463	the court or an interested person to ascertain the true condition of
8464	8464	the estate, with respect to money, securities, and other property,
8465	8465	by adding to the balances forwarded from the most recent previous
8466	8466	account the amounts received during the period covered by the
8467	8467	account and subtracting the disbursements made during that period.
8468	8468	(c) The description of property sufficiently described in
8469	8469	an inventory or previous account may be made in the annual account
8470	8470	by reference to the property. (Tex. Prob. Code, Sec. 741(b).)
8471	8471	Sec. 1163.003. SUPPORTING VOUCHERS AND OTHER DOCUMENTS
8472	8472	ATTACHED TO ACCOUNT. (a) The guardian of the estate shall attach
8473	8473	to each annual account:
8474	8474	(1) a voucher for each item of credit claimed in the
8475	8475	account or, to support the item in the absence of the voucher, other
8476	8476	evidence satisfactory to the court;
8477	8477	(2) an official letter from the bank or other
8478	8478	depository where the money on hand of the estate or ward is
8479	8479	deposited that shows the amounts in general or special deposits;
8480	8480	and
8481	8481	(3) proof of the existence and possession of:
8482	8482	(A) securities owned by the estate or shown by
8483	8483	the account; and
8484	8484	(B) other assets held by a depository subject to
8485	8485	court order.
8486	8486	(b) An original voucher submitted to the court may on
8487	8487	application be returned to the guardian after approval of the
8488	8488	annual account. (Tex. Prob. Code, Sec. 741(c) (part).)
8489	8489	Sec. 1163.004. METHOD OF PROOF FOR SECURITIES AND OTHER
8490	8490	ASSETS. (a) The proof required by Section 1163.003(a)(3) must be
8491	8491	by:
8492	8492	(1) an official letter from the bank or other
8493	8493	depository where the securities or other assets are held for
8494	8494	safekeeping, and if the depository is the guardian, the official
8495	8495	letter must be signed by a representative of the depository other
8496	8496	than the depository verifying the annual account;
8497	8497	(2) a certificate of an authorized representative of a
8498	8498	corporation that is surety on the guardian's bonds;
8499	8499	(3) a certificate of the clerk or a deputy clerk of a
8500	8500	court of record in this state; or
8501	8501	(4) an affidavit of any other reputable person
8502	8502	designated by the court on request of the guardian or other
8503	8503	interested party.
8504	8504	(b) A certificate or affidavit described by Subsection (a)
8505	8505	must:
8506	8506	(1) state that the affiant has examined the assets
8507	8507	that the guardian exhibited to the affiant as assets of the estate
8508	8508	for which the annual account is made;
8509	8509	(2) describe the assets by reference to the account or
8510	8510	in another manner that sufficiently identifies the assets
8511	8511	exhibited; and
8512	8512	(3) state the time and the place the assets were
8513	8513	exhibited.
8514	8514	(c) Instead of attaching a certificate or an affidavit, the
8515	8515	guardian may exhibit the securities to the judge of the court, who
8516	8516	shall endorse on the annual account, or include in the judge's order
8517	8517	with respect to the account, a statement that the securities shown
8518	8518	to the judge as on hand were exhibited to the judge and that the
8519	8519	securities were the same as those shown in the account, or note any
8520	8520	variance. If the securities are exhibited at a location other than
8521	8521	where the securities are deposited for safekeeping, that exhibit is
8522	8522	at the guardian's own expense and risk.
8523	8523	(d) The judge of the court may require:
8524	8524	(1) additional evidence of the existence and custody
8525	8525	of the securities and other personal property as the judge
8526	8526	considers proper; and
8527	8527	(2) the guardian at any time to exhibit the securities
8528	8528	to the judge or another person designated by the judge at the place
8529	8529	where the securities are held for safekeeping. (Tex. Prob. Code,
8530	8530	Secs. 741(c) (part), (d).)
8531	8531	Sec. 1163.005. VERIFICATION OF ACCOUNT AND STATEMENT
8532	8532	REGARDING TAXES. (a) The guardian of the estate shall attach to an
8533	8533	account the guardian's affidavit stating:
8534	8534	(1) that the account contains a correct and complete
8535	8535	statement of the matters to which the account relates;
8536	8536	(2) that the guardian has paid the bond premium for the
8537	8537	next accounting period;
8538	8538	(3) that the guardian has filed all tax returns of the
8539	8539	ward due during the accounting period; and
8540	8540	(4) that the guardian has paid all taxes the ward owed
8541	8541	during the accounting period, the amount of the taxes, the date the
8542	8542	guardian paid the taxes, and the name of the governmental entity to
8543	8543	which the guardian paid the taxes.
8544	8544	(b) If on the filing of the account the guardian of the
8545	8545	estate has failed on the ward's behalf to file a tax return or pay
8546	8546	taxes due, the guardian shall attach to the account a description of
8547	8547	the taxes and the reasons for the guardian's failure to file the
8548	8548	return or pay the taxes. (Tex. Prob. Code, Secs. 741(e), (f).)
8549	8549	Sec. 1163.006. WAIVER OF ACCOUNT FILING. If the ward's
8550	8550	estate produces negligible or fixed income, the court may waive the
8551	8551	filing of annual accounts and may permit the guardian to:
8552	8552	(1) receive all estate income and apply the income to
8553	8553	the support, maintenance, and education of the ward; and
8554	8554	(2) account to the court for the estate income and
8555	8555	corpus when the estate must be closed. (Tex. Prob. Code, Sec.
8556	8556	741(g).)
8557	8557	[Sections 1163.007-1163.050 reserved for expansion]
8558	8558	SUBCHAPTER B. ACTION ON ANNUAL ACCOUNT
8559	8559	Sec. 1163.051. FILING AND CONSIDERATION OF ANNUAL ACCOUNT.
8560	8560	(a) The guardian of the estate shall file an annual account with the
8561	8561	county clerk. The county clerk shall note the filing on the judge's
8562	8562	docket.
8563	8563	(b) An annual account must remain on file for 10 days after
8564	8564	the date the account is filed before being considered by the judge.
8565	8565	After the expiration of that period, the judge shall consider the
8566	8566	account and may continue the hearing on the account until fully
8567	8567	advised on all account items.
8568	8568	(c) The court may not approve the annual account unless
8569	8569	possession of cash, listed securities, or other assets held in
8570	8570	safekeeping or on deposit under court order has been proven as
8571	8571	required by law. (Tex. Prob. Code, Secs. 742(a), (b), (c), (d),
8572	8572	(e).)
8573	8573	Sec. 1163.052. CORRECTION AND APPROVAL OF ANNUAL ACCOUNT.
8574	8574	(a) If an annual account is found to be incorrect, the account
8575	8575	shall be corrected.
8576	8576	(b) The court by order shall approve an annual account that
8577	8577	is corrected to the satisfaction of the court and shall act with
8578	8578	respect to unpaid claims in accordance with Sections 1163.053 and
8579	8579	1163.054. (Tex. Prob. Code, Sec. 742(f) (part).)
8580	8580	Sec. 1163.053. ORDER FOR PAYMENT OF CLAIMS IN FULL. After
8581	8581	approval of an annual account as provided by Section 1163.052, if it
8582	8582	appears to the court from the exhibit or other evidence that the
8583	8583	estate is wholly solvent and that the guardian has sufficient funds
8584	8584	to pay every claim against the estate, the court shall order
8585	8585	immediate payment of all claims allowed and approved or established
8586	8586	by judgment. (Tex. Prob. Code, Sec. 742(f) (part).)
8587	8587	Sec. 1163.054. ORDER FOR PRO RATA PAYMENT OF CLAIMS. After
8588	8588	approval of an annual account as provided by Section 1163.052, if it
8589	8589	appears to the court from the account or other evidence that the
8590	8590	funds on hand are not sufficient to pay all claims against the
8591	8591	estate or if the estate is insolvent and the guardian has any funds
8592	8592	on hand, the court shall order the funds to be applied:
8593	8593	(1) first to the payment of any unpaid claims having a
8594	8594	preference in the order of their priority; and
8595	8595	(2) then to the pro rata payment of the other claims
8596	8596	allowed and approved or established by final judgment, considering
8597	8597	also:
8598	8598	(A) claims that were presented not later than the
8599	8599	first anniversary of the date letters of guardianship were granted;
8600	8600	and
8601	8601	(B) claims that are in litigation or on which a
8602	8602	lawsuit may be filed. (Tex. Prob. Code, Sec. 742(f) (part).)
8603	8603	[Sections 1163.055-1163.100 reserved for expansion]
8604	8604	SUBCHAPTER C. ANNUAL REPORT BY GUARDIAN OF THE PERSON
8605	8605	Sec. 1163.101. ANNUAL REPORT REQUIRED. (a) Once each year
8606	8606	for the duration of the guardianship, a guardian of the person shall
8607	8607	file with the court a report that contains the information required
8608	8608	by this section.
8609	8609	(b) The guardian of the person shall file a sworn, written
8610	8610	report that shows each receipt and disbursement for:
8611	8611	(1) the support and maintenance of the ward;
8612	8612	(2) when necessary, the education of the ward; and
8613	8613	(3) when authorized by court order, the support and
8614	8614	maintenance of the ward's dependents.
8615	8615	(c) The guardian of the person shall file a sworn affidavit
8616	8616	that contains:
8617	8617	(1) the guardian's current name, address, and
8618	8618	telephone number;
8619	8619	(2) the ward's date of birth and current name, address,
8620	8620	telephone number, and age;
8621	8621	(3) a description of the type of home in which the ward
8622	8622	resides, which shall be described as:
8623	8623	(A) the ward's own home;
8624	8624	(B) a nursing home;
8625	8625	(C) a guardian's home;
8626	8626	(D) a foster home;
8627	8627	(E) a boarding home;
8628	8628	(F) a relative's home, in which case the
8629	8629	description must specify the relative's relationship to the ward;
8630	8630	(G) a hospital or medical facility; or
8631	8631	(H) another type of residence;
8632	8632	(4) statements indicating:
8633	8633	(A) the length of time the ward has resided in the
8634	8634	present home;
8635	8635	(B) the reason for a change in the ward's
8636	8636	residence, if a change in the ward's residence has occurred in the
8637	8637	past year;
8638	8638	(C) the date the guardian most recently saw the
8639	8639	ward;
8640	8640	(D) how frequently the guardian has seen the ward
8641	8641	in the past year;
8642	8642	(E) whether the guardian has possession or
8643	8643	control of the ward's estate;
8644	8644	(F) whether the ward's mental health has
8645	8645	improved, deteriorated, or remained unchanged during the past year,
8646	8646	including a description of the change if a change has occurred;
8647	8647	(G) whether the ward's physical health has
8648	8648	improved, deteriorated, or remained unchanged during the past year,
8649	8649	including a description of the change if a change has occurred;
8650	8650	(H) whether the ward has regular medical care;
8651	8651	and
8652	8652	(I) the ward's treatment or evaluation by any of
8653	8653	the following persons during the past year, including the person's
8654	8654	name and a description of the treatment:
8655	8655	(i) a physician;
8656	8656	(ii) a psychiatrist, psychologist, or other
8657	8657	mental health care provider;
8658	8658	(iii) a dentist;
8659	8659	(iv) a social or other caseworker; or
8660	8660	(v) any other individual who provided
8661	8661	treatment;
8662	8662	(5) a description of the ward's activities during the
8663	8663	past year, including recreational, educational, social, and
8664	8664	occupational activities, or a statement that no activities were
8665	8665	available or that the ward was unable or refused to participate in
8666	8666	activities;
8667	8667	(6) the guardian's evaluation of:
8668	8668	(A) the ward's living arrangements as excellent,
8669	8669	average, or below average, including an explanation if the
8670	8670	conditions are below average;
8671	8671	(B) whether the ward is content or unhappy with
8672	8672	the ward's living arrangements; and
8673	8673	(C) unmet needs of the ward;
8674	8674	(7) a statement indicating whether the guardian's
8675	8675	power should be increased, decreased, or unaltered, including an
8676	8676	explanation if a change is recommended;
8677	8677	(8) a statement indicating that the guardian has paid
8678	8678	the bond premium for the next reporting period; and
8679	8679	(9) any additional information the guardian desires to
8680	8680	share with the court regarding the ward, including:
8681	8681	(A) whether the guardian has filed for emergency
8682	8682	detention of the ward under Subchapter A, Chapter 573, Health and
8683	8683	Safety Code; and
8684	8684	(B) if applicable, the number of times the
8685	8685	guardian has filed for emergency detention and the dates of the
8686	8686	applications for emergency detention. (Tex. Prob. Code, Secs.
8687	8687	743(a), (b), (g) (part).)
8688	8688	Sec. 1163.102. REPORTING PERIOD. (a) Except as provided
8689	8689	under Subsection (b), an annual report required by Section 1163.101
8690	8690	must cover a 12-month reporting period that begins on the date or
8691	8691	the anniversary of the date the guardian of the person qualifies to
8692	8692	serve.
8693	8693	(b) The court may change a reporting period for purposes of
8694	8694	this subchapter but may not extend a reporting period so that it
8695	8695	covers more than 12 months.
8696	8696	(c) Each report is due not later than the 60th day after the
8697	8697	date the reporting period ends. (Tex. Prob. Code, Secs. 743(g)
8698	8698	(part), (h), (i).)
8699	8699	Sec. 1163.103. REPORT IN CASE OF DECEASED WARD. If the ward
8700	8700	is deceased, the guardian of the person shall provide the court with
8701	8701	the date and place of death, if known, instead of the information
8702	8702	about the ward otherwise required to be provided in the annual
8703	8703	report. (Tex. Prob. Code, Sec. 743(c).)
8704	8704	Sec. 1163.104. APPROVAL OF REPORT. (a) If the judge is
8705	8705	satisfied that the facts stated in the report are true, the court
8706	8706	shall approve the report.
8707	8707	(b) Unless the judge is satisfied that the facts stated in
8708	8708	the report are true, the judge shall issue orders necessary for the
8709	8709	ward's best interests.
8710	8710	(c) The court on the court's own motion may waive the costs
8711	8711	and fees related to the filing of a report approved under Subsection
8712	8712	(a). (Tex. Prob. Code, Secs. 743(d), (e), (f).)
8713	8713	Sec. 1163.105. ATTORNEY NOT REQUIRED. A guardian of the
8714	8714	person may complete and file the report required under this
8715	8715	subchapter without the assistance of an attorney. (Tex. Prob. Code,
8716	8716	Sec. 743(j).)
8717	8717	[Sections 1163.106-1163.150 reserved for expansion]
8718	8718	SUBCHAPTER D. PENALTIES
8719	8719	Sec. 1163.151. PENALTY FOR FAILURE TO FILE REQUIRED
8720	8720	ACCOUNT, EXHIBIT, OR REPORT. (a) If a guardian does not file an
8721	8721	account, an exhibit, a report of the guardian of the person, or
8722	8722	another report required by this title, any person interested in the
8723	8723	estate, on written complaint filed with the court clerk, or the
8724	8724	court on the court's own motion, may have the guardian cited to
8725	8725	appear and show cause why the guardian should not file the account,
8726	8726	exhibit, or report.
8727	8727	(b) On hearing, the court may:
8728	8728	(1) order the guardian to file the account, exhibit,
8729	8729	or report; and
8730	8730	(2) unless good cause is shown for the failure to file:
8731	8731	(A) revoke the guardian's letters of
8732	8732	guardianship;
8733	8733	(B) fine the guardian in an amount not to exceed
8734	8734	$1,000; or
8735	8735	(C) revoke the guardian's letters of
8736	8736	guardianship and fine the guardian in an amount not to exceed $1,000. (Tex. Prob. Code, Sec. 744.)
8737	8737	CHAPTER 1164. LIABILITY OF GUARDIAN OR GUARDIANSHIP PROGRAM
8738	8738	Sec. 1164.001. LIABILITY OF GUARDIAN
8739	8739	Sec. 1164.002. IMMUNITY OF GUARDIANSHIP PROGRAM
8740	8740	CHAPTER 1164. LIABILITY OF GUARDIAN OR GUARDIANSHIP PROGRAM
8741	8741	Sec. 1164.001. LIABILITY OF GUARDIAN. A person is not
8742	8742	liable to a third person solely because the person has been
8743	8743	appointed guardian of a ward under this title. (Tex. Prob. Code,
8744	8744	Sec. 673.)
8745	8745	Sec. 1164.002. IMMUNITY OF GUARDIANSHIP PROGRAM. A
8746	8746	guardianship program is not liable for civil damages arising from
8747	8747	an action taken or omission made by a person while providing
8748	8748	guardianship services to a ward on behalf of the guardianship
8749	8749	program, unless the action or omission was:
8750	8750	(1) wilfully wrongful;
8751	8751	(2) taken or made:
8752	8752	(A) with conscious indifference to or reckless
8753	8753	disregard for the safety of the ward or another;
8754	8754	(B) in bad faith; or
8755	8755	(C) with malice; or
8756	8756	(3) grossly negligent. (Tex. Prob. Code, Sec. 674.)
8757	8757	[Chapters 1165-1200 reserved for expansion]
8758	8758	SUBTITLE F. EVALUATION, MODIFICATION, OR TERMINATION OF GUARDIANSHIP
8759	8759	CHAPTER 1201. EVALUATION OF GUARDIANSHIP
8760	8760	SUBCHAPTER A. REVIEW OF GUARDIANSHIP
8761	8761	Sec. 1201.001. DETERMINING GUARDIAN'S PERFORMANCE OF
8762	8762	DUTIES
8763	8763	Sec. 1201.002. ANNUAL EXAMINATION OF GUARDIANSHIP;
8764	8764	BOND OF GUARDIAN
8765	8765	Sec. 1201.003. JUDGE'S LIABILITY
8766	8766	Sec. 1201.004. IDENTIFYING INFORMATION
8767	8767	[Sections 1201.005-1201.050 reserved for expansion]
8768	8768	SUBCHAPTER B. ANNUAL DETERMINATION TO CONTINUE, MODIFY, OR
8769	8769	TERMINATE GUARDIANSHIP
8770	8770	Sec. 1201.051. APPLICABILITY
8771	8771	Sec. 1201.052. ANNUAL DETERMINATION
8772	8772	Sec. 1201.053. METHOD OF DETERMINATION
8773	8773	Sec. 1201.054. FORM OF DETERMINATION
8774	8774	CHAPTER 1201. EVALUATION OF GUARDIANSHIP
8775	8775	SUBCHAPTER A. REVIEW OF GUARDIANSHIP
8776	8776	Sec. 1201.001. DETERMINING GUARDIAN'S PERFORMANCE OF
8777	8777	DUTIES. The court shall use reasonable diligence to determine
8778	8778	whether a guardian is performing all of the duties required of the
8779	8779	guardian that relate to the guardian's ward. (Tex. Prob. Code, Sec.
8780	8780	671(a).)
8781	8781	Sec. 1201.002. ANNUAL EXAMINATION OF GUARDIANSHIP; BOND OF
8782	8782	GUARDIAN. (a) At least annually, the judge shall examine the
8783	8783	well-being of each ward of the court and the solvency of the bond of
8784	8784	the guardian of the ward's estate.
8785	8785	(b) If after examining the solvency of a guardian's bond as
8786	8786	provided by Subsection (a) the judge determines that the guardian's
8787	8787	bond is not sufficient to protect the ward or the ward's estate, the
8788	8788	judge shall require the guardian to execute a new bond.
8789	8789	(c) The judge shall notify the guardian and the sureties on
8790	8790	the guardian's bond as provided by law. (Tex. Prob. Code, Secs.
8791	8791	671(b), (c), (d) (part).)
8792	8792	Sec. 1201.003. JUDGE'S LIABILITY. A judge is liable on the
8793	8793	judge's bond to those damaged if damage or loss results to a
8794	8794	guardianship or ward because of the gross neglect of the judge to
8795	8795	use reasonable diligence in the performance of the judge's duty
8796	8796	under this subchapter. (Tex. Prob. Code, Sec. 671(d) (part).)
8797	8797	Sec. 1201.004. IDENTIFYING INFORMATION. (a) The court may
8798	8798	request an applicant or court-appointed fiduciary to produce other
8799	8799	information identifying an applicant, ward, or guardian, including
8800	8800	a social security number, in addition to identifying information
8801	8801	the applicant or fiduciary is required to produce under this title.
8802	8802	(b) The court shall maintain any information required under
8803	8803	this section, and the information may not be filed with the clerk.
8804	8804	(Tex. Prob. Code, Sec. 671(e).)
8805	8805	[Sections 1201.005-1201.050 reserved for expansion]
8806	8806	SUBCHAPTER B. ANNUAL DETERMINATION TO CONTINUE, MODIFY, OR
8807	8807	TERMINATE GUARDIANSHIP
8808	8808	Sec. 1201.051. APPLICABILITY. This subchapter does not
8809	8809	apply to a guardianship that is created only because it is necessary
8810	8810	for a person to have a guardian appointed to receive funds from a
8811	8811	governmental source. (Tex. Prob. Code, Sec. 672(e).)
8812	8812	Sec. 1201.052. ANNUAL DETERMINATION. To determine whether
8813	8813	a guardianship should be continued, modified, or terminated, the
8814	8814	court in which the guardianship proceeding is pending:
8815	8815	(1) shall review annually each guardianship in which
8816	8816	the application to create the guardianship was filed after
8817	8817	September 1, 1993; and
8818	8818	(2) may review annually any other guardianship. (Tex.
8819	8819	Prob. Code, Sec. 672(a).)
8820	8820	Sec. 1201.053. METHOD OF DETERMINATION. (a) In reviewing a
8821	8821	guardianship under Section 1201.052, a statutory probate court may:
8822	8822	(1) review any report prepared by:
8823	8823	(A) a court investigator under Section 1054.153
8824	8824	or 1202.054;
8825	8825	(B) a guardian ad litem under Section 1202.054;
8826	8826	or
8827	8827	(C) a court visitor under Section 1054.104;
8828	8828	(2) conduct a hearing; or
8829	8829	(3) review an annual account prepared under Subchapter
8830	8830	A, Chapter 1163, or a report prepared under Subchapter C, Chapter
8831	8831	1163.
8832	8832	(b) A court that is not a statutory probate court may use any
8833	8833	method to review a guardianship under Section 1201.052 that is
8834	8834	determined appropriate by the court according to the court's
8835	8835	caseload and available resources. (Tex. Prob. Code, Secs. 672(b),
8836	8836	(c).)
8837	8837	Sec. 1201.054. FORM OF DETERMINATION. A determination
8838	8838	under this subchapter must be in writing and filed with the clerk. (Tex. Prob. Code, Sec. 672(d).)
8839	8839	CHAPTER 1202. MODIFICATION OR TERMINATION OF GUARDIANSHIP
8840	8840	SUBCHAPTER A. TERMINATION AND SETTLEMENT OF GUARDIANSHIP
8841	8841	Sec. 1202.001. TERM OF GUARDIAN OR GUARDIANSHIP
8842	8842	Sec. 1202.002. TERMINATION OF GUARDIANSHIP IF PARENT
8843	8843	IS NO LONGER INCAPACITATED
8844	8844	[Sections 1202.003-1202.050 reserved for expansion]
8845	8845	SUBCHAPTER B. APPLICATION FOR COMPLETE RESTORATION OF WARD'S
8846	8846	CAPACITY OR MODIFICATION OF GUARDIANSHIP
8847	8847	Sec. 1202.051. APPLICATION AUTHORIZED
8848	8848	Sec. 1202.052. CONTENTS OF APPLICATION
8849	8849	Sec. 1202.053. CITATION REQUIRED
8850	8850	Sec. 1202.054. INFORMAL REQUEST FOR ORDER BY WARD;
8851	8851	INVESTIGATION AND REPORT
8852	8852	Sec. 1202.055. RESTRICTION ON SUBSEQUENT APPLICATION
8853	8853	REGARDING CAPACITY OR MODIFICATION
8854	8854	[Sections 1202.056-1202.100 reserved for expansion]
8855	8855	SUBCHAPTER C. REPRESENTATION OF WARD IN PROCEEDING FOR COMPLETE
8856	8856	RESTORATION OF WARD'S CAPACITY OR MODIFICATION OF GUARDIANSHIP
8857	8857	Sec. 1202.101. APPOINTMENT OF ATTORNEY AD LITEM
8858	8858	Sec. 1202.102. COMPENSATION FOR ATTORNEY AD LITEM AND
8859	8859	GUARDIAN AD LITEM
8860	8860	Sec. 1202.103. RETENTION AND COMPENSATION OF ATTORNEY
8861	8861	FOR WARD
8862	8862	[Sections 1202.104-1202.150 reserved for expansion]
8863	8863	SUBCHAPTER D. HEARING, EVIDENCE, AND ORDERS IN PROCEEDING FOR
8864	8864	COMPLETE RESTORATION OF WARD'S CAPACITY OR MODIFICATION OF
8865	8865	GUARDIANSHIP
8866	8866	Sec. 1202.151. EVIDENCE AND BURDEN OF PROOF AT HEARING
8867	8867	Sec. 1202.152. PHYSICIAN'S LETTER OR CERTIFICATE
8868	8868	REQUIRED
8869	8869	Sec. 1202.153. FINDINGS REQUIRED
8870	8870	Sec. 1202.154. GENERAL REQUIREMENTS FOR ORDER
8871	8871	Sec. 1202.155. ADDITIONAL REQUIREMENTS FOR ORDER
8872	8872	RESTORING WARD'S CAPACITY
8873	8873	Sec. 1202.156. ADDITIONAL REQUIREMENTS FOR ORDER
8874	8874	MODIFYING GUARDIANSHIP
8875	8875	Sec. 1202.157. ADDITIONAL REQUIREMENTS FOR ORDER
8876	8876	DISMISSING APPLICATION
8877	8877	CHAPTER 1202. MODIFICATION OR TERMINATION OF GUARDIANSHIP
8878	8878	SUBCHAPTER A. TERMINATION AND SETTLEMENT OF GUARDIANSHIP
8879	8879	Sec. 1202.001. TERM OF GUARDIAN OR GUARDIANSHIP. (a)
8880	8880	Unless otherwise discharged as provided by law, a guardian remains
8881	8881	in office until the estate is closed.
8882	8882	(b) A guardianship shall be settled and closed when the
8883	8883	ward:
8884	8884	(1) dies and, if the ward was married, the ward's
8885	8885	spouse qualifies as survivor in community;
8886	8886	(2) is found by the court to have full capacity to care
8887	8887	for himself or herself and to manage the ward's property;
8888	8888	(3) is no longer a minor; or
8889	8889	(4) no longer must have a guardian appointed to
8890	8890	receive funds due the ward from any governmental source.
8891	8891	(c) An order appointing a guardian or a successor guardian
8892	8892	may specify a period of not more than one year during which a
8893	8893	petition for adjudication that the ward no longer requires the
8894	8894	guardianship may not be filed without special leave.
8895	8895	(d) A request for an order under this section may be made by
8896	8896	informal letter to the court. A person who knowingly interferes
8897	8897	with the transmission of the request to the court may be adjudged
8898	8898	guilty of contempt of court.
8899	8899	(e) If a nonresident guardian of a nonresident ward
8900	8900	qualifies as guardian under this title, any resident guardian's
8901	8901	guardianship may be terminated. (Tex. Prob. Code, Sec. 694.)
8902	8902	Sec. 1202.002. TERMINATION OF GUARDIANSHIP IF PARENT IS NO
8903	8903	LONGER INCAPACITATED. (a) The powers of a person appointed to
8904	8904	serve as the designated guardian of the person or estate, or both,
8905	8905	of a minor child solely because of the incapacity of the minor's
8906	8906	surviving parent and in accordance with Section 1104.053 and
8907	8907	Subchapter D, Chapter 1104, terminate when a probate court enters
8908	8908	an order finding that the surviving parent is no longer an
8909	8909	incapacitated person.
8910	8910	(b) The powers of a person appointed to serve as the
8911	8911	designated guardian of the person or estate, or both, of an adult
8912	8912	individual solely because of the incapacity of the individual's
8913	8913	surviving parent and in accordance with Section 1104.103 and
8914	8914	Subchapter D, Chapter 1104, terminate when a probate court enters
8915	8915	an order finding that the surviving parent is no longer an
8916	8916	incapacitated person and reappointing the surviving parent as the
8917	8917	individual's guardian. (Tex. Prob. Code, Secs. 676(g), 677(e).)
8918	8918	[Sections 1202.003-1202.050 reserved for expansion]
8919	8919	SUBCHAPTER B. APPLICATION FOR COMPLETE RESTORATION OF WARD'S
8920	8920	CAPACITY OR MODIFICATION OF GUARDIANSHIP
8921	8921	Sec. 1202.051. APPLICATION AUTHORIZED. A ward or any
8922	8922	person interested in the ward's welfare may file a written
8923	8923	application with the court for an order:
8924	8924	(1) finding that the ward is no longer an
8925	8925	incapacitated person and ordering the settlement and closing of the
8926	8926	guardianship;
8927	8927	(2) finding that the ward lacks the capacity to do some
8928	8928	or all of the tasks necessary to provide food, clothing, or shelter
8929	8929	for himself or herself, to care for the ward's own physical health,
8930	8930	or to manage the ward's own financial affairs and granting
8931	8931	additional powers or duties to the guardian; or
8932	8932	(3) finding that the ward has the capacity to do some,
8933	8933	but not all, of the tasks necessary to provide food, clothing, or
8934	8934	shelter for himself or herself, to care for the ward's own physical
8935	8935	health, or to manage the ward's own financial affairs and:
8936	8936	(A) limiting the guardian's powers or duties; and
8937	8937	(B) permitting the ward to care for himself or
8938	8938	herself or to manage the ward's own financial affairs commensurate
8939	8939	with the ward's ability. (Tex. Prob. Code, Sec. 694A(a).)
8940	8940	Sec. 1202.052. CONTENTS OF APPLICATION. An application
8941	8941	filed under Section 1202.051 must be sworn to by the applicant and
8942	8942	must state:
8943	8943	(1) the ward's name, sex, date of birth, and address;
8944	8944	(2) the name and address of any person serving as
8945	8945	guardian of the person of the ward on the date the application is
8946	8946	filed;
8947	8947	(3) the name and address of any person serving as
8948	8948	guardian of the estate of the ward on the date the application is
8949	8949	filed;
8950	8950	(4) the nature and description of the ward's
8951	8951	guardianship;
8952	8952	(5) the specific areas of protection and assistance
8953	8953	and any limitation of rights that exist;
8954	8954	(6) whether the relief being sought is:
8955	8955	(A) a restoration of the ward's capacity because
8956	8956	the ward is no longer an incapacitated person;
8957	8957	(B) the granting of additional powers or duties
8958	8958	to the guardian; or
8959	8959	(C) the limitation of powers granted to or duties
8960	8960	performed by the guardian;
8961	8961	(7) if the relief being sought under the application
8962	8962	is described by Subdivision (6)(B) or (C):
8963	8963	(A) the nature and degree of the ward's
8964	8964	incapacity;
8965	8965	(B) the specific areas of protection and
8966	8966	assistance to be provided to the ward and requested to be included
8967	8967	in the court's order; and
8968	8968	(C) any limitation of the ward's rights requested
8969	8969	to be included in the court's order;
8970	8970	(8) the approximate value and description of the
8971	8971	ward's property, including any compensation, pension, insurance,
8972	8972	or allowance to which the ward is or may be entitled; and
8973	8973	(9) if the ward is 60 years of age or older, the names
8974	8974	and addresses, to the best of the applicant's knowledge, of the
8975	8975	ward's spouse, siblings, and children or, if there is no known
8976	8976	spouse, sibling, or child, the names and addresses of the ward's
8977	8977	next of kin. (Tex. Prob. Code, Sec. 694B.)
8978	8978	Sec. 1202.053. CITATION REQUIRED. When an application is
8979	8979	filed under Section 1202.051, citation shall be served on:
8980	8980	(1) the ward's guardian; and
8981	8981	(2) the ward if the ward is not the applicant. (Tex.
8982	8982	Prob. Code, Sec. 694A(d).)
8983	8983	Sec. 1202.054. INFORMAL REQUEST FOR ORDER BY WARD;
8984	8984	INVESTIGATION AND REPORT. (a) A ward may request an order under
8985	8985	Section 1202.051 by informal letter to the court. A person who
8986	8986	knowingly interferes with the transmission of the request to the
8987	8987	court may be adjudged guilty of contempt of court.
8988	8988	(b) On receipt of an informal letter under Subsection (a),
8989	8989	the court shall appoint the court investigator or a guardian ad
8990	8990	litem to investigate the ward's circumstances, including any
8991	8991	circumstances alleged in the letter, to determine whether:
8992	8992	(1) the ward is no longer an incapacitated person; or
8993	8993	(2) a modification of the guardianship is necessary.
8994	8994	(c) The court investigator or guardian ad litem shall file
8995	8995	with the court a report of the investigation's findings and
8996	8996	conclusions. If the court investigator or guardian ad litem
8997	8997	determines that it is in the best interest of the ward to terminate
8998	8998	or modify the guardianship, the court investigator or guardian ad
8999	8999	litem shall file an application under Section 1202.051 on the
9000	9000	ward's behalf.
9001	9001	(d) A guardian ad litem appointed under this section may
9002	9002	also be appointed by the court to serve as attorney ad litem under
9003	9003	Section 1202.101. (Tex. Prob. Code, Secs. 694A(b), (c).)
9004	9004	Sec. 1202.055. RESTRICTION ON SUBSEQUENT APPLICATION
9005	9005	REGARDING CAPACITY OR MODIFICATION. A person may not reapply for
9006	9006	complete restoration of a ward's capacity or modification of a
9007	9007	ward's guardianship before the first anniversary of the date of the
9008	9008	hearing on the last preceding application, except as otherwise
9009	9009	provided by the court on good cause shown by the applicant. (Tex.
9010	9010	Prob. Code, Sec. 694A(e).)
9011	9011	[Sections 1202.056-1202.100 reserved for expansion]
9012	9012	SUBCHAPTER C. REPRESENTATION OF WARD IN PROCEEDING FOR COMPLETE
9013	9013	RESTORATION OF WARD'S CAPACITY OR MODIFICATION OF GUARDIANSHIP
9014	9014	Sec. 1202.101. APPOINTMENT OF ATTORNEY AD LITEM. The court
9015	9015	shall appoint an attorney ad litem to represent a ward in a
9016	9016	proceeding for the complete restoration of the ward's capacity or
9017	9017	for the modification of the ward's guardianship. Unless otherwise
9018	9018	provided by the court, the attorney ad litem shall represent the
9019	9019	ward only for purposes of the restoration or modification
9020	9020	proceeding. (Tex. Prob. Code, Secs. 694C(a), (b).)
9021	9021	Sec. 1202.102. COMPENSATION FOR ATTORNEY AD LITEM AND
9022	9022	GUARDIAN AD LITEM. (a) An attorney ad litem appointed under
9023	9023	Section 1202.101 is entitled to reasonable compensation for
9024	9024	services in the amount set by the court to be taxed as costs in the
9025	9025	proceeding, regardless of whether the proceeding results in the
9026	9026	restoration of the ward's capacity or a modification of the ward's
9027	9027	guardianship.
9028	9028	(b) A guardian ad litem appointed in a proceeding involving
9029	9029	the complete restoration of a ward's capacity or modification of a
9030	9030	ward's guardianship is entitled to reasonable compensation, as
9031	9031	provided by Section 1054.055(a), regardless of whether the
9032	9032	proceeding results in the restoration of the ward's capacity or a
9033	9033	modification of the ward's guardianship. (Tex. Prob. Code, Secs.
9034	9034	694C(c), 694L.)
9035	9035	Sec. 1202.103. RETENTION AND COMPENSATION OF ATTORNEY FOR
9036	9036	WARD. (a) A ward may retain an attorney for a proceeding involving
9037	9037	the complete restoration of the ward's capacity or modification of
9038	9038	the ward's guardianship.
9039	9039	(b) The court may order that compensation for services
9040	9040	provided by an attorney retained under this section be paid from
9041	9041	funds in the ward's estate only if the court finds that the attorney
9042	9042	had a good faith belief that the ward had the capacity necessary to
9043	9043	retain the attorney's services. (Tex. Prob. Code, Sec. 694K.)
9044	9044	[Sections 1202.104-1202.150 reserved for expansion]
9045	9045	SUBCHAPTER D. HEARING, EVIDENCE, AND ORDERS IN PROCEEDING FOR
9046	9046	COMPLETE RESTORATION OF WARD'S CAPACITY OR MODIFICATION OF
9047	9047	GUARDIANSHIP
9048	9048	Sec. 1202.151. EVIDENCE AND BURDEN OF PROOF AT HEARING. (a)
9049	9049	At a hearing on an application filed under Section 1202.051, the
9050	9050	court shall consider only evidence regarding the ward's mental or
9051	9051	physical capacity at the time of the hearing that is relevant to the
9052	9052	complete restoration of the ward's capacity or modification of the
9053	9053	ward's guardianship.
9054	9054	(b) The party who filed the application has the burden of
9055	9055	proof at the hearing. (Tex. Prob. Code, Sec. 694D.)
9056	9056	Sec. 1202.152. PHYSICIAN'S LETTER OR CERTIFICATE REQUIRED.
9057	9057	(a) The court may not grant an order completely restoring a ward's
9058	9058	capacity or modifying a ward's guardianship under an application
9059	9059	filed under Section 1202.051 unless the applicant presents to the
9060	9060	court a written letter or certificate from a physician licensed in
9061	9061	this state that is dated:
9062	9062	(1) not earlier than the 120th day before the date the
9063	9063	application was filed; or
9064	9064	(2) after the date the application was filed but
9065	9065	before the date of the hearing.
9066	9066	(b) A letter or certificate presented under Subsection (a)
9067	9067	must:
9068	9068	(1) describe the nature and degree of incapacity,
9069	9069	including the medical history if reasonably available, or state
9070	9070	that, in the physician's opinion, the ward has the capacity to:
9071	9071	(A) provide food, clothing, and shelter for
9072	9072	himself or herself;
9073	9073	(B) care for the ward's own physical health; and
9074	9074	(C) manage the ward's financial affairs;
9075	9075	(2) provide a medical prognosis specifying the
9076	9076	estimated severity of any incapacity;
9077	9077	(3) state how or in what manner the ward's ability to
9078	9078	make or communicate responsible decisions concerning himself or
9079	9079	herself is affected by the ward's physical or mental health;
9080	9080	(4) state whether any current medication affects the
9081	9081	ward's demeanor or the ward's ability to participate fully in a
9082	9082	court proceeding;
9083	9083	(5) describe the precise physical and mental
9084	9084	conditions underlying a diagnosis of senility, if applicable; and
9085	9085	(6) include any other information required by the
9086	9086	court.
9087	9087	(c) If the court determines it is necessary, the court may
9088	9088	appoint the necessary physicians to examine the ward in the same
9089	9089	manner and to the same extent as a ward is examined by a physician
9090	9090	under Section 1101.103 or 1101.104. (Tex. Prob. Code, Sec. 694F.)
9091	9091	Sec. 1202.153. FINDINGS REQUIRED. (a) Before ordering the
9092	9092	settlement and closing of a guardianship under an application filed
9093	9093	under Section 1202.051, the court must find by a preponderance of
9094	9094	the evidence that the ward is no longer partially or fully
9095	9095	incapacitated.
9096	9096	(b) Before granting additional powers to the guardian or
9097	9097	requiring the guardian to perform additional duties under an
9098	9098	application filed under Section 1202.051, the court must find by a
9099	9099	preponderance of the evidence that the current nature and degree of
9100	9100	the ward's incapacity warrants a modification of the guardianship
9101	9101	and that some or all of the ward's rights need to be further
9102	9102	restricted.
9103	9103	(c) Before limiting the powers granted to or duties required
9104	9104	to be performed by the guardian under an application filed under
9105	9105	Section 1202.051, the court must find by a preponderance of the
9106	9106	evidence that the current nature and degree of the ward's
9107	9107	incapacity warrants a modification of the guardianship and that
9108	9108	some of the ward's rights need to be restored. (Tex. Prob. Code,
9109	9109	Sec. 694E.)
9110	9110	Sec. 1202.154. GENERAL REQUIREMENTS FOR ORDER. (a) A court
9111	9111	order entered with respect to an application filed under Section
9112	9112	1202.051 to completely restore a ward's capacity or modify a ward's
9113	9113	guardianship must state:
9114	9114	(1) the guardian's name;
9115	9115	(2) the ward's name; and
9116	9116	(3) whether the type of guardianship being addressed
9117	9117	at the proceeding is a:
9118	9118	(A) guardianship of the person;
9119	9119	(B) guardianship of the estate; or
9120	9120	(C) guardianship of both the person and the
9121	9121	estate.
9122	9122	(b) In an order described by this section, the court may not
9123	9123	grant a power to a guardian or require the guardian to perform a
9124	9124	duty that is a power granted to or a duty required to be performed by
9125	9125	another guardian. (Tex. Prob. Code, Sec. 694J.)
9126	9126	Sec. 1202.155. ADDITIONAL REQUIREMENTS FOR ORDER RESTORING
9127	9127	WARD'S CAPACITY. If the court finds that a ward is no longer an
9128	9128	incapacitated person, the order completely restoring the ward's
9129	9129	capacity must contain findings of fact and specify, in addition to
9130	9130	the information required by Section 1202.154:
9131	9131	(1) that the ward is no longer an incapacitated
9132	9132	person;
9133	9133	(2) that there is no further need for a guardianship of
9134	9134	the person or estate of the ward;
9135	9135	(3) if the ward's incapacity resulted from a mental
9136	9136	condition, that the ward's mental capacity is completely restored;
9137	9137	(4) that the guardian is required to:
9138	9138	(A) immediately settle the guardianship in
9139	9139	accordance with this title; and
9140	9140	(B) deliver all of the remaining guardianship
9141	9141	estate to the ward; and
9142	9142	(5) that the clerk shall revoke letters of
9143	9143	guardianship when the guardianship is finally settled and closed.
9144	9144	(Tex. Prob. Code, Sec. 694G.)
9145	9145	Sec. 1202.156. ADDITIONAL REQUIREMENTS FOR ORDER MODIFYING
9146	9146	GUARDIANSHIP. If the court finds that a guardian's powers or duties
9147	9147	should be expanded or limited, the order modifying the guardianship
9148	9148	must contain findings of fact and specify, in addition to the
9149	9149	information required by Section 1202.154:
9150	9150	(1) the specific powers, limitations, or duties of the
9151	9151	guardian with respect to the care of the ward or the management of
9152	9152	the ward's property, as appropriate;
9153	9153	(2) the specific areas of protection and assistance to
9154	9154	be provided to the ward;
9155	9155	(3) any limitation of the ward's rights;
9156	9156	(4) if the ward's incapacity resulted from a mental
9157	9157	condition, whether the ward retains the right to vote; and
9158	9158	(5) that the clerk shall modify the letters of
9159	9159	guardianship to the extent applicable to conform to the order.
9160	9160	(Tex. Prob. Code, Sec. 694H.)
9161	9161	Sec. 1202.157. ADDITIONAL REQUIREMENTS FOR ORDER
9162	9162	DISMISSING APPLICATION. If the court finds that a modification of
9163	9163	the ward's guardianship is not necessary or that the ward's capacity
9164	9164	has not been restored, the court shall dismiss the application and
9165	9165	enter an order that contains findings of fact and specifies, in
9166	9166	addition to the information required by Section 1202.154, that the
9167	9167	guardian's powers, limitations, or duties with respect to the
9168	9168	ward's care or the management of the ward's property remain unchanged. (Tex. Prob. Code, Sec. 694I.)
9169	9169	CHAPTER 1203. RESIGNATION, REMOVAL, OR DEATH OF GUARDIAN;
9170	9170	APPOINTMENT OF SUCCESSOR
9171	9171	SUBCHAPTER A. RESIGNATION OF GUARDIAN
9172	9172	Sec. 1203.001. RESIGNATION APPLICATION
9173	9173	Sec. 1203.002. IMMEDIATE ACCEPTANCE OF RESIGNATION;
9174	9174	DISCHARGE AND RELEASE
9175	9175	Sec. 1203.003. DELIVERY OF ESTATE PROPERTY TO
9176	9176	SUCCESSOR GUARDIAN FOLLOWING
9177	9177	RESIGNATION
9178	9178	Sec. 1203.004. HEARING DATE; CITATION
9179	9179	Sec. 1203.005. HEARING
9180	9180	Sec. 1203.006. REQUIREMENTS FOR DISCHARGE
9181	9181	[Sections 1203.007-1203.050 reserved for expansion]
9182	9182	SUBCHAPTER B. REMOVAL AND REINSTATEMENT OF GUARDIAN
9183	9183	Sec. 1203.051. REMOVAL WITHOUT NOTICE
9184	9184	Sec. 1203.052. REMOVAL WITH NOTICE
9185	9185	Sec. 1203.053. REMOVAL ORDER
9186	9186	Sec. 1203.054. DISCHARGE AND RELEASE FOLLOWING REMOVAL
9187	9187	Sec. 1203.055. DELIVERY OF ESTATE PROPERTY TO
9188	9188	SUCCESSOR GUARDIAN FOLLOWING REMOVAL
9189	9189	Sec. 1203.056. REMOVAL AND REINSTATEMENT OF GUARDIAN
9190	9190	UNDER CERTAIN CIRCUMSTANCES
9191	9191	Sec. 1203.057. REMOVAL OF JOINT GUARDIAN
9192	9192	[Sections 1203.058-1203.100 reserved for expansion]
9193	9193	SUBCHAPTER C. APPOINTMENT OF SUCCESSOR GUARDIAN; REVOCATION OF
9194	9194	LETTERS
9195	9195	Sec. 1203.101. REQUIREMENTS FOR REVOCATION OF LETTERS
9196	9196	Sec. 1203.102. APPOINTMENT BECAUSE OF RESIGNATION,
9197	9197	REMOVAL, OR DEATH
9198	9198	Sec. 1203.103. APPOINTMENT BECAUSE OF EXISTENCE OF
9199	9199	PRIOR RIGHT
9200	9200	Sec. 1203.104. APPOINTMENT WHEN GUARDIAN NAMED IN WILL
9201	9201	BECOMES AN ADULT
9202	9202	Sec. 1203.105. APPOINTMENT OF FORMERLY ILL OR ABSENT
9203	9203	GUARDIAN NAMED IN WILL
9204	9204	Sec. 1203.106. APPOINTMENT WHEN WILL DISCOVERED AFTER
9205	9205	GRANT OF LETTERS
9206	9206	Sec. 1203.107. APPOINTMENT ON REMOVAL OF LITIGATION
9207	9207	CONFLICT
9208	9208	Sec. 1203.108. APPOINTMENT OF DEPARTMENT OF AGING AND
9209	9209	DISABILITY SERVICES AS SUCCESSOR
9210	9210	GUARDIAN
9211	9211	[Sections 1203.109-1203.150 reserved for expansion]
9212	9212	SUBCHAPTER D. SUCCESSOR GUARDIANS FOR WARDS OF GUARDIANSHIP
9213	9213	PROGRAMS OR GOVERNMENTAL ENTITIES
9214	9214	Sec. 1203.151. NOTICE OF AVAILABILITY OF SUCCESSOR
9215	9215	GUARDIAN
9216	9216	Sec. 1203.152. DETERMINATION OF PROPOSED SUCCESSOR
9217	9217	GUARDIAN'S QUALIFICATION TO SERVE
9218	9218	Sec. 1203.153. APPLICATION TO APPOINT SUCCESSOR
9219	9219	GUARDIAN
9220	9220	[Sections 1203.154-1203.200 reserved for expansion]
9221	9221	SUBCHAPTER E. PROCEDURES AFTER RESIGNATION, REMOVAL, OR DEATH OF
9222	9222	GUARDIAN
9223	9223	Sec. 1203.201. PAYMENT TO WARD WHILE OFFICE OF
9224	9224	GUARDIAN IS VACANT
9225	9225	Sec. 1203.202. RIGHTS, POWERS, AND DUTIES OF SUCCESSOR
9226	9226	GUARDIAN
9227	9227	Sec. 1203.203. SUCCESSOR GUARDIAN TO RETURN INVENTORY,
9228	9228	APPRAISEMENT, AND LIST OF CLAIMS
9229	9229	CHAPTER 1203. RESIGNATION, REMOVAL, OR DEATH OF GUARDIAN;
9230	9230	APPOINTMENT OF SUCCESSOR
9231	9231	SUBCHAPTER A. RESIGNATION OF GUARDIAN
9232	9232	Sec. 1203.001. RESIGNATION APPLICATION. A guardian of the
9233	9233	estate or guardian of the person who wishes to resign the guardian's
9234	9234	trust shall file a written application with the court clerk,
9235	9235	accompanied by:
9236	9236	(1) in the case of a guardian of the estate, a complete
9237	9237	and verified exhibit and final account showing the true condition
9238	9238	of the guardianship estate entrusted to the guardian's care; or
9239	9239	(2) in the case of a guardian of the person, a verified
9240	9240	report containing the information required in the annual report
9241	9241	required under Subchapter C, Chapter 1163, showing the condition of
9242	9242	the ward entrusted to the guardian's care. (Tex. Prob. Code, Sec.
9243	9243	760(a).)
9244	9244	Sec. 1203.002. IMMEDIATE ACCEPTANCE OF RESIGNATION;
9245	9245	DISCHARGE AND RELEASE. (a) If the necessity exists, the court may
9246	9246	immediately accept the resignation of a guardian and appoint a
9247	9247	successor guardian as provided by Section 1203.102(b).
9248	9248	(b) The court may not discharge a person resigning as
9249	9249	guardian of the estate whose resignation is accepted under
9250	9250	Subsection (a), or release the person or the sureties on the
9251	9251	person's bond, until a final order has been issued, or a final
9252	9252	judgment has been rendered, on the final account required under
9253	9253	Section 1203.001. (Tex. Prob. Code, Sec. 760(b) (part).)
9254	9254	Sec. 1203.003. DELIVERY OF ESTATE PROPERTY TO SUCCESSOR
9255	9255	GUARDIAN FOLLOWING RESIGNATION. The court at any time may order a
9256	9256	resigning guardian who has any part of a ward's estate to deliver
9257	9257	any part of the estate to a person who has been appointed and has
9258	9258	qualified as successor guardian. (Tex. Prob. Code, Sec. 760(g).)
9259	9259	Sec. 1203.004. HEARING DATE; CITATION. (a) When an
9260	9260	application to resign as guardian is filed under Section 1203.001,
9261	9261	supported by the exhibit and final account or report required under
9262	9262	that section, the court clerk shall bring the application to the
9263	9263	judge's attention and the judge shall set a date for a hearing on
9264	9264	the matter.
9265	9265	(b) After a hearing is set under Subsection (a), the clerk
9266	9266	shall issue a citation to all interested persons, showing:
9267	9267	(1) that an application that complies with Section
9268	9268	1203.001 has been filed; and
9269	9269	(2) the time and place set for the hearing at which the
9270	9270	interested persons may appear and contest the exhibit and final
9271	9271	account or report supporting the application.
9272	9272	(c) Unless the court directs that the citation under
9273	9273	Subsection (b) be published, the citation must be posted. (Tex.
9274	9274	Prob. Code, Sec. 760(c).)
9275	9275	Sec. 1203.005. HEARING. (a) At the time set for the
9276	9276	hearing under Section 1203.004, unless the court continues the
9277	9277	hearing, and if the court finds that the citation required under
9278	9278	that section has been properly issued and served, the court shall:
9279	9279	(1) examine the exhibit and final account or report
9280	9280	required by Section 1203.001;
9281	9281	(2) hear all evidence for and against the exhibit,
9282	9282	final account, or report; and
9283	9283	(3) if necessary, restate and audit and settle the
9284	9284	exhibit, final account, or report.
9285	9285	(b) If the court is satisfied that the matters entrusted to
9286	9286	the guardian applying to resign have been handled and accounted for
9287	9287	in accordance with the law, the court shall:
9288	9288	(1) enter an order approving the exhibit and final
9289	9289	account or report; and
9290	9290	(2) require that any estate property remaining in the
9291	9291	applicant's possession be delivered to the person entitled by law
9292	9292	to receive the property.
9293	9293	(c) A guardian of the person shall comply with all court
9294	9294	orders concerning the guardian's ward. (Tex. Prob. Code, Sec.
9295	9295	760(d).)
9296	9296	Sec. 1203.006. REQUIREMENTS FOR DISCHARGE. (a) A guardian
9297	9297	applying to resign may not be discharged until:
9298	9298	(1) the resignation application has been heard;
9299	9299	(2) the exhibit and final account or report required
9300	9300	under Section 1203.001 has been examined, settled, and approved;
9301	9301	and
9302	9302	(3) the applicant has satisfied the court that the
9303	9303	applicant has:
9304	9304	(A) delivered any estate property remaining in
9305	9305	the applicant's possession; or
9306	9306	(B) complied with all court orders relating to
9307	9307	the applicant's trust as guardian.
9308	9308	(b) When a guardian applying to resign has fully complied
9309	9309	with the court orders, the court shall enter an order:
9310	9310	(1) accepting the resignation; and
9311	9311	(2) discharging the applicant and, if the applicant is
9312	9312	under bond, the applicant's sureties. (Tex. Prob. Code, Secs.
9313	9313	760(e), (f).)
9314	9314	[Sections 1203.007-1203.050 reserved for expansion]
9315	9315	SUBCHAPTER B. REMOVAL AND REINSTATEMENT OF GUARDIAN
9316	9316	Sec. 1203.051. REMOVAL WITHOUT NOTICE. The court, on the
9317	9317	court's own motion or on the motion of an interested person,
9318	9318	including the ward, and without notice, may remove a guardian
9319	9319	appointed under this title who:
9320	9320	(1) neglects to qualify in the manner and time
9321	9321	required by law;
9322	9322	(2) fails to return, not later than the 30th day after
9323	9323	the date the guardian qualifies, an inventory of the guardianship
9324	9324	estate property and a list of claims that have come to the
9325	9325	guardian's knowledge, unless that deadline is extended by court
9326	9326	order;
9327	9327	(3) if required, fails to give a new bond within the
9328	9328	period prescribed;
9329	9329	(4) is absent from the state for a consecutive period
9330	9330	of three or more months without the court's permission, or removes
9331	9331	from the state;
9332	9332	(5) cannot be served with notices or other processes
9333	9333	because:
9334	9334	(A) the guardian's whereabouts are unknown;
9335	9335	(B) the guardian is eluding service; or
9336	9336	(C) the guardian is a nonresident of this state
9337	9337	who does not have a resident agent to accept service of process in
9338	9338	any guardianship proceeding or other matter relating to the
9339	9339	guardianship;
9340	9340	(6) subject to Section 1203.056(a):
9341	9341	(A) has misapplied, embezzled, or removed from
9342	9342	the state, or is about to misapply, embezzle, or remove from the
9343	9343	state, any of the property entrusted to the guardian's care; or
9344	9344	(B) has neglected or cruelly treated a ward; or
9345	9345	(7) has neglected to educate or maintain the ward as
9346	9346	liberally as the means of the ward and the condition of the ward's
9347	9347	estate permit. (Tex. Prob. Code, Sec. 761(a).)
9348	9348	Sec. 1203.052. REMOVAL WITH NOTICE. (a) The court may
9349	9349	remove a guardian on the court's own motion, or on the complaint of
9350	9350	an interested person, after the guardian has been cited by personal
9351	9351	service to answer at a time and place set in the notice, if:
9352	9352	(1) sufficient grounds appear to support a belief that
9353	9353	the guardian has misapplied, embezzled, or removed from the state,
9354	9354	or is about to misapply, embezzle, or remove from the state, any of
9355	9355	the property entrusted to the guardian's care;
9356	9356	(2) the guardian fails to return any account or report
9357	9357	that is required by law to be made;
9358	9358	(3) the guardian fails to obey a proper order of the
9359	9359	court that has jurisdiction with respect to the performance of the
9360	9360	guardian's duties;
9361	9361	(4) the guardian is proved to have been guilty of gross
9362	9362	misconduct or mismanagement in the performance of the guardian's
9363	9363	duties;
9364	9364	(5) the guardian:
9365	9365	(A) becomes incapacitated;
9366	9366	(B) is sentenced to the penitentiary; or
9367	9367	(C) from any other cause, becomes incapable of
9368	9368	properly performing the duties of the guardian's trust;
9369	9369	(6) the guardian neglects or cruelly treats the ward;
9370	9370	(7) the guardian neglects to educate or maintain the
9371	9371	ward as liberally as the means of the ward's estate and the ward's
9372	9372	ability or condition permit;
9373	9373	(8) the guardian interferes with the ward's progress
9374	9374	or participation in programs in the community;
9375	9375	(9) the guardian fails to comply with the requirements
9376	9376	of Subchapter G, Chapter 1104;
9377	9377	(10) the court determines that, because of the
9378	9378	dissolution of the joint guardians' marriage, the termination of
9379	9379	the guardians' joint appointment and the continuation of only one
9380	9380	of the joint guardians as the sole guardian is in the best interest
9381	9381	of the ward; or
9382	9382	(11) the guardian would be ineligible for appointment
9383	9383	as a guardian under Subchapter H, Chapter 1104.
9384	9384	(b) In addition to the authority granted to the court under
9385	9385	Subsection (a), the court may, on the complaint of the Guardianship
9386	9386	Certification Board, remove a guardian who would be ineligible for
9387	9387	appointment under Subchapter H, Chapter 1104, because of the
9388	9388	guardian's failure to maintain the certification required under
9389	9389	Subchapter F, Chapter 1104. The guardian shall be cited to appear
9390	9390	and contest the request for removal under this subsection in the
9391	9391	manner provided by Subsection (a). (Tex. Prob. Code, Secs. 761(c),
9392	9392	(c-1).)
9393	9393	Sec. 1203.053. REMOVAL ORDER. An order removing a guardian
9394	9394	shall:
9395	9395	(1) state the cause of the removal;
9396	9396	(2) require that, if the removed guardian has been
9397	9397	personally served with citation, any letters of guardianship issued
9398	9398	to the removed guardian be surrendered and that, regardless of
9399	9399	whether the letters have been delivered, all the letters be
9400	9400	canceled of record; and
9401	9401	(3) require the removed guardian to:
9402	9402	(A) deliver any estate property in the guardian's
9403	9403	possession to the persons entitled to the property or to one who has
9404	9404	been appointed and has qualified as successor guardian; and
9405	9405	(B) relinquish control of the ward's person as
9406	9406	required in the order. (Tex. Prob. Code, Sec. 761(d).)
9407	9407	Sec. 1203.054. DISCHARGE AND RELEASE FOLLOWING REMOVAL.
9408	9408	With respect to a person who is removed as guardian of the estate
9409	9409	and whose successor is appointed without citation or notice as
9410	9410	provided by Section 1203.102(b), the court may not discharge the
9411	9411	person or release the person or the sureties on the person's bond
9412	9412	until a final order has been issued or final judgment has been
9413	9413	rendered on the guardian's final account. (Tex. Prob. Code, Sec.
9414	9414	761(f) (part).)
9415	9415	Sec. 1203.055. DELIVERY OF ESTATE PROPERTY TO SUCCESSOR
9416	9416	GUARDIAN FOLLOWING REMOVAL. The court at any time may order a
9417	9417	person removed as guardian under this subchapter who has any part of
9418	9418	a ward's estate to deliver any part of the estate to a person who has
9419	9419	been appointed and has qualified as successor guardian. (Tex.
9420	9420	Prob. Code, Sec. 761(g).)
9421	9421	Sec. 1203.056. REMOVAL AND REINSTATEMENT OF GUARDIAN UNDER
9422	9422	CERTAIN CIRCUMSTANCES. (a) The court may remove a guardian under
9423	9423	Section 1203.051(6)(A) or (B) only on the presentation of clear and
9424	9424	convincing evidence given under oath.
9425	9425	(b) Not later than the 10th day after the date the court
9426	9426	signs the order of removal, a guardian who is removed under Section
9427	9427	1203.051(6)(A) or (B) may file an application with the court for a
9428	9428	hearing to determine whether the guardian should be reinstated.
9429	9429	(c) On the filing of an application under Subsection (b),
9430	9430	the court clerk shall issue to the applicant, the ward, a person
9431	9431	interested in the ward's welfare or estate, and, if applicable, a
9432	9432	person who has control of the care and custody of the ward a notice
9433	9433	stating:
9434	9434	(1) that an application for reinstatement has been
9435	9435	filed;
9436	9436	(2) the name of the ward; and
9437	9437	(3) the name of the applicant for reinstatement.
9438	9438	(d) The notice required by Subsection (c) must cite all
9439	9439	persons interested in the ward's welfare or estate to appear at the
9440	9440	time and place stated in the notice if the persons wish to contest
9441	9441	the application.
9442	9442	(e) If, at the conclusion of a hearing under this section,
9443	9443	the court is satisfied by a preponderance of the evidence that the
9444	9444	applicant did not engage in the conduct that directly led to the
9445	9445	applicant's removal, the court shall:
9446	9446	(1) set aside any order appointing a successor
9447	9447	guardian; and
9448	9448	(2) enter an order reinstating the applicant as
9449	9449	guardian of the ward or estate.
9450	9450	(f) If the court sets aside the appointment of a successor
9451	9451	guardian under this section, the court may require the successor
9452	9452	guardian to prepare and file, under oath, an accounting of the
9453	9453	estate and to detail the disposition the successor has made of the
9454	9454	estate property. (Tex. Prob. Code, Secs. 761(b), 762.)
9455	9455	Sec. 1203.057. REMOVAL OF JOINT GUARDIAN. If a joint
9456	9456	guardian is removed under Section 1203.052(a)(10), the other joint
9457	9457	guardian is entitled to continue to serve as the sole guardian
9458	9458	unless removed for a reason other than the dissolution of the joint
9459	9459	guardians' marriage. (Tex. Prob. Code, Sec. 761(e).)
9460	9460	[Sections 1203.058-1203.100 reserved for expansion]
9461	9461	SUBCHAPTER C. APPOINTMENT OF SUCCESSOR GUARDIAN; REVOCATION OF
9462	9462	LETTERS
9463	9463	Sec. 1203.101. REQUIREMENTS FOR REVOCATION OF LETTERS.
9464	9464	Except as otherwise expressly provided by this title, letters of
9465	9465	guardianship may be revoked only:
9466	9466	(1) on application; and
9467	9467	(2) after personal service of citation on the person
9468	9468	whose letters are sought to be revoked requiring the person to
9469	9469	appear and show cause why the application should not be granted.
9470	9470	(Tex. Prob. Code, Sec. 759(f).)
9471	9471	Sec. 1203.102. APPOINTMENT BECAUSE OF RESIGNATION,
9472	9472	REMOVAL, OR DEATH. (a) If a guardian resigns, is removed, or dies,
9473	9473	the court may appoint a successor guardian on application and on
9474	9474	service of notice as directed by the court, except as provided by
9475	9475	Subsection (b). In the event the guardian of the person or of the
9476	9476	estate of a ward dies, a personal representative of the deceased
9477	9477	guardian, at the time and in the manner ordered by the court, shall
9478	9478	account for, pay, and deliver all guardianship property entrusted
9479	9479	to the representative's care to a person legally entitled to
9480	9480	receive the property.
9481	9481	(b) The court may appoint a successor guardian under this
9482	9482	section without citation or notice if the court finds that a
9483	9483	necessity exists for the immediate appointment. (Tex. Prob. Code,
9484	9484	Secs. 695(a), 759(a), 760(b) (part), 761(f) (part).)
9485	9485	Sec. 1203.103. APPOINTMENT BECAUSE OF EXISTENCE OF PRIOR
9486	9486	RIGHT. If letters of guardianship have been granted to a person and
9487	9487	another person applies for letters, the previously issued letters
9488	9488	shall be revoked, and letters shall be granted to the subsequent
9489	9489	applicant if that applicant:
9490	9490	(1) is qualified;
9491	9491	(2) has a prior right to be appointed successor
9492	9492	guardian; and
9493	9493	(3) has not waived that prior right. (Tex. Prob. Code,
9494	9494	Sec. 759(b).)
9495	9495	Sec. 1203.104. APPOINTMENT WHEN GUARDIAN NAMED IN WILL
9496	9496	BECOMES AN ADULT. (a) A person named as guardian in a will who was
9497	9497	not an adult when the will was probated is entitled to have letters
9498	9498	of guardianship that were granted to another person revoked and
9499	9499	appropriate letters granted to the named guardian on proof that the
9500	9500	named guardian has become an adult and is not otherwise
9501	9501	disqualified from serving as a guardian.
9502	9502	(b) This subsection applies only if a will names two or more
9503	9503	persons as guardian. A person named as a guardian in the will who
9504	9504	was a minor when the will was probated may, on becoming an adult,
9505	9505	qualify and receive letters of guardianship if:
9506	9506	(1) letters have been issued to the named guardians in
9507	9507	the will who are adults; and
9508	9508	(2) the person is not otherwise disqualified from
9509	9509	receiving letters. (Tex. Prob. Code, Sec. 759(c).)
9510	9510	Sec. 1203.105. APPOINTMENT OF FORMERLY ILL OR ABSENT
9511	9511	GUARDIAN NAMED IN WILL. (a) This section applies only to a person
9512	9512	named as guardian in a will who was ill or absent from the state when
9513	9513	the testator died or the will was proved and, as a result, could
9514	9514	not:
9515	9515	(1) present the will for probate not later than the
9516	9516	30th day after the testator's death; or
9517	9517	(2) accept and qualify as guardian not later than the
9518	9518	20th day after the date the will was probated.
9519	9519	(b) A person to whom this section applies may accept and
9520	9520	qualify as guardian not later than the 60th day after the date the
9521	9521	person recovers from illness or returns to the state if proof is
9522	9522	presented to the court that the person was ill or absent.
9523	9523	(c) If a person accepts and qualifies as guardian under
9524	9524	Subsection (b) and letters of guardianship have been issued to
9525	9525	another person, the other person's letters shall be revoked. (Tex.
9526	9526	Prob. Code, Sec. 759(d).)
9527	9527	Sec. 1203.106. APPOINTMENT WHEN WILL DISCOVERED AFTER GRANT
9528	9528	OF LETTERS. If, after letters of guardianship have been issued, it
9529	9529	is discovered that the decedent left a lawful will, the letters
9530	9530	shall be revoked and proper letters shall be issued to a person
9531	9531	entitled to the letters. (Tex. Prob. Code, Sec. 759(e).)
9532	9532	Sec. 1203.107. APPOINTMENT ON REMOVAL OF LITIGATION
9533	9533	CONFLICT. The court may appoint as successor guardian a spouse,
9534	9534	parent, or child of a proposed ward who was disqualified from
9535	9535	serving as guardian because of a litigation conflict under Section
9536	9536	1104.354(1) on the removal of the conflict that caused the
9537	9537	disqualification if the spouse, parent, or child is otherwise
9538	9538	qualified to serve as a guardian. (Tex. Prob. Code, Sec. 759(h).)
9539	9539	Sec. 1203.108. APPOINTMENT OF DEPARTMENT OF AGING AND
9540	9540	DISABILITY SERVICES AS SUCCESSOR GUARDIAN. (a) In this section,
9541	9541	"department" means the Department of Aging and Disability Services.
9542	9542	(b) The court may appoint the department as a successor
9543	9543	guardian of the person or estate, or both, of a ward who has been
9544	9544	adjudicated as totally incapacitated if:
9545	9545	(1) there is no less-restrictive alternative to
9546	9546	continuation of the guardianship;
9547	9547	(2) there is no family member or other suitable
9548	9548	person, including a guardianship program, willing and able to serve
9549	9549	as the ward's successor guardian;
9550	9550	(3) the ward is located more than 100 miles from the
9551	9551	court that created the guardianship;
9552	9552	(4) the ward has private assets or access to
9553	9553	government benefits to pay for the ward's needs;
9554	9554	(5) the department is served with citation and a
9555	9555	hearing is held regarding the department's appointment as proposed
9556	9556	successor guardian; and
9557	9557	(6) the appointment of the department does not violate
9558	9558	a limitation imposed by Subsection (c).
9559	9559	(c) The number of appointments under Subsection (b) is
9560	9560	subject to an annual limit of 55. The appointments must be
9561	9561	distributed equally or as equally as possible among the health and
9562	9562	human services regions of this state. The department, at the
9563	9563	department's discretion, may establish a different distribution
9564	9564	scheme to promote the efficient use and administration of
9565	9565	resources.
9566	9566	(d) If the department is named as a proposed successor
9567	9567	guardian in an application in which the department is not the
9568	9568	applicant, citation must be issued and served on the department as
9569	9569	provided by Section 1051.103(5). (Tex. Prob. Code, Secs. 695(c),
9570	9570	(d), (e).)
9571	9571	[Sections 1203.109-1203.150 reserved for expansion]
9572	9572	SUBCHAPTER D. SUCCESSOR GUARDIANS FOR WARDS OF GUARDIANSHIP
9573	9573	PROGRAMS OR GOVERNMENTAL ENTITIES
9574	9574	Sec. 1203.151. NOTICE OF AVAILABILITY OF SUCCESSOR
9575	9575	GUARDIAN. (a) If a guardianship program or governmental entity
9576	9576	serving as a guardian for a ward under this title becomes aware of a
9577	9577	family member or friend of the ward, or any other interested person,
9578	9578	who is willing and able to serve as the ward's successor guardian,
9579	9579	the program or entity shall notify the court in which the
9580	9580	guardianship is pending of the individual's willingness and ability
9581	9581	to serve.
9582	9582	(b) If, while serving as a guardian for a ward under this
9583	9583	title, the Department of Aging and Disability Services becomes
9584	9584	aware of a guardianship program or private professional guardian
9585	9585	willing and able to serve as the ward's successor guardian, and the
9586	9586	department is not aware of a family member or friend of the ward, or
9587	9587	any other interested person, who is willing and able to serve in
9588	9588	that capacity, the department shall notify the court in which the
9589	9589	guardianship is pending of the guardianship program's or private
9590	9590	professional guardian's willingness and ability to serve. (Tex.
9591	9591	Prob. Code, Secs. 695A(a), (a-1).)
9592	9592	Sec. 1203.152. DETERMINATION OF PROPOSED SUCCESSOR
9593	9593	GUARDIAN'S QUALIFICATION TO SERVE. When the court is notified of
9594	9594	the existence of a proposed successor guardian under Section
9595	9595	1203.151(a), or the court otherwise becomes aware of a family
9596	9596	member, a friend, or any other interested person who is willing and
9597	9597	able to serve as a successor guardian for a ward of a guardianship
9598	9598	program or governmental entity, the court shall determine whether
9599	9599	the proposed successor guardian is qualified to serve under this
9600	9600	title as the ward's successor guardian. (Tex. Prob. Code, Sec.
9601	9601	695A(b).)
9602	9602	Sec. 1203.153. APPLICATION TO APPOINT SUCCESSOR GUARDIAN.
9603	9603	(a) If the court finds under Section 1203.152 that the proposed
9604	9604	successor guardian for a ward is not disqualified from being
9605	9605	appointed as the ward's successor guardian under Subchapter H,
9606	9606	Chapter 1104, and that the appointment is in the ward's best
9607	9607	interests, the guardianship program or governmental entity serving
9608	9608	as the ward's guardian or the court, on the court's own motion, may
9609	9609	file an application to appoint the individual as the ward's
9610	9610	successor guardian.
9611	9611	(b) Service of notice on an application filed under this
9612	9612	section shall be made as directed by the court. (Tex. Prob. Code,
9613	9613	Sec. 695A(c).)
9614	9614	[Sections 1203.154-1203.200 reserved for expansion]
9615	9615	SUBCHAPTER E. PROCEDURES AFTER RESIGNATION, REMOVAL, OR DEATH OF
9616	9616	GUARDIAN
9617	9617	Sec. 1203.201. PAYMENT TO WARD WHILE OFFICE OF GUARDIAN IS
9618	9618	VACANT. (a) A debtor, obligor, or payor may pay or tender money or
9619	9619	another thing of value falling due to a ward while the office of
9620	9620	guardian is vacant to the court clerk for the credit of the ward.
9621	9621	(b) Payment or tender under Subsection (a) discharges the
9622	9622	debtor, obligor, or payor of the obligation for all purposes to the
9623	9623	extent and purpose of the payment or tender.
9624	9624	(c) The court clerk shall issue a receipt for any payment or
9625	9625	tender accepted under this section. (Tex. Prob. Code, Sec.
9626	9626	759(g).)
9627	9627	Sec. 1203.202. RIGHTS, POWERS, AND DUTIES OF SUCCESSOR
9628	9628	GUARDIAN. (a) A successor guardian has the rights and powers and
9629	9629	is subject to all the duties of the predecessor.
9630	9630	(b) A guardian who accepts appointment and qualifies after
9631	9631	letters of guardianship have been granted on the estate shall:
9632	9632	(1) succeed in like manner to the predecessor; and
9633	9633	(2) administer the estate in like manner as if the
9634	9634	guardian's administration were a continuation of the former
9635	9635	administration.
9636	9636	(c) A successor guardian may:
9637	9637	(1) make himself or herself, and be made, a party to a
9638	9638	suit prosecuted by or against the successor's predecessor;
9639	9639	(2) settle with the predecessor and receive and give a
9640	9640	receipt for any portion of the estate property that remains in the
9641	9641	successor's possession; or
9642	9642	(3) commence a suit on the bond or bonds of the
9643	9643	predecessor, in the successor's own name and capacity, for all the
9644	9644	estate property that:
9645	9645	(A) came into the predecessor's possession; and
9646	9646	(B) has not been accounted for by the
9647	9647	predecessor. (Tex. Prob. Code, Secs. 695(b), 763, 764.)
9648	9648	Sec. 1203.203. SUCCESSOR GUARDIAN TO RETURN INVENTORY,
9649	9649	APPRAISEMENT, AND LIST OF CLAIMS. (a) A successor guardian who has
9650	9650	qualified to succeed a former guardian shall, in the manner
9651	9651	required of an original appointee:
9652	9652	(1) make and return to the court an inventory,
9653	9653	appraisement, and list of claims of the estate not later than the
9654	9654	30th day after the date the successor qualifies; and
9655	9655	(2) return additional inventories, appraisements, and
9656	9656	lists of claims.
9657	9657	(b) On the application of any person interested in the
9658	9658	estate, the court shall, in an order appointing a successor
9659	9659	guardian, appoint an appraiser as in an original appointment of a guardian. (Tex. Prob. Code, Sec. 765.)
9660	9660	CHAPTER 1204. FINAL SETTLEMENT, ACCOUNTING, AND DISCHARGE
9661	9661	SUBCHAPTER A. TIME FOR SETTLEMENT OF GUARDIANSHIP
9662	9662	Sec. 1204.001. SETTLEMENT OF GUARDIANSHIP
9663	9663	Sec. 1204.002. APPOINTMENT OF ATTORNEY AD LITEM TO
9664	9664	REPRESENT WARD IN FINAL SETTLEMENT
9665	9665	UNDER CERTAIN CIRCUMSTANCES
9666	9666	[Sections 1204.003-1204.050 reserved for expansion]
9667	9667	SUBCHAPTER B. PAYMENT OF CERTAIN EXPENSES AND DEBTS
9668	9668	Sec. 1204.051. FUNERAL ARRANGEMENTS AND OTHER DEBTS;
9669	9669	ACCOUNT FOR FINAL SETTLEMENT ON
9670	9670	COMPLAINT OF PERSONAL REPRESENTATIVE
9671	9671	Sec. 1204.052. TAXES AND EXPENSES OF ADMINISTRATION;
9672	9672	SALE OF ESTATE PROPERTY
9673	9673	Sec. 1204.053. INHERITANCE TAXES; LIMITATION ON
9674	9674	CLOSING ESTATE
9675	9675	[Sections 1204.054-1204.100 reserved for expansion]
9676	9676	SUBCHAPTER C. ACCOUNT FOR FINAL SETTLEMENT
9677	9677	Sec. 1204.101. VERIFIED ACCOUNT REQUIRED
9678	9678	Sec. 1204.102. CONTENTS OF ACCOUNT
9679	9679	Sec. 1204.103. CERTAIN DEBTS EXCLUDED FROM SETTLEMENT
9680	9680	COMPUTATION
9681	9681	Sec. 1204.104. GUARDIAN TO ACCOUNT FOR WARD'S LABOR OR
9682	9682	SERVICES
9683	9683	Sec. 1204.105. CITATION AND NOTICE ON PRESENTATION OF
9684	9684	ACCOUNT
9685	9685	Sec. 1204.106. EXAMINATION OF AND HEARING ON ACCOUNT
9686	9686	Sec. 1204.107. ASSETS BECOMING DUE PENDING FINAL
9687	9687	SETTLEMENT; RECEIPT AND DISCHARGE
9688	9688	Sec. 1204.108. DELIVERY OF WARD'S PROPERTY IN
9689	9689	POSSESSION OF GUARDIAN OF THE PERSON
9690	9690	ON SETTLEMENT OF GUARDIANSHIP OF THE
9691	9691	ESTATE
9692	9692	Sec. 1204.109. DELIVERY OF REMAINING ESTATE PROPERTY
9693	9693	[Sections 1204.110-1204.150 reserved for expansion]
9694	9694	SUBCHAPTER D. CLOSING OF GUARDIANSHIP AND DISCHARGE OF GUARDIAN
9695	9695	Sec. 1204.151. DISCHARGE OF GUARDIAN WHEN NO ESTATE
9696	9696	PROPERTY REMAINS
9697	9697	Sec. 1204.152. DISCHARGE OF GUARDIAN WHEN ESTATE FULLY
9698	9698	ADMINISTERED
9699	9699	[Sections 1204.153-1204.200 reserved for expansion]
9700	9700	SUBCHAPTER E. FAILURE OF GUARDIAN TO ACT
9701	9701	Sec. 1204.201. FAILURE TO PRESENT FINAL ACCOUNT OR
9702	9702	REPORT
9703	9703	Sec. 1204.202. LIABILITY FOR FAILURE TO DELIVER ESTATE
9704	9704	PROPERTY
9705	9705	CHAPTER 1204. FINAL SETTLEMENT, ACCOUNTING, AND DISCHARGE
9706	9706	SUBCHAPTER A. TIME FOR SETTLEMENT OF GUARDIANSHIP
9707	9707	Sec. 1204.001. SETTLEMENT OF GUARDIANSHIP. (a) A
9708	9708	guardianship shall be settled and closed as provided by this
9709	9709	section and Section 1202.001.
9710	9710	(b) A guardianship of the estate of a ward shall be settled
9711	9711	when:
9712	9712	(1) the ward dies;
9713	9713	(2) a minor ward becomes an adult by:
9714	9714	(A) becoming 18 years of age;
9715	9715	(B) removal of disabilities of minority
9716	9716	according to the law of this state; or
9717	9717	(C) marriage;
9718	9718	(3) an incapacitated ward is decreed as provided by
9719	9719	law to have been restored to full legal capacity;
9720	9720	(4) the spouse of a married ward has qualified as
9721	9721	survivor in community and the ward does not own separate property;
9722	9722	(5) the ward's estate is exhausted;
9723	9723	(6) the foreseeable income accruing to the ward or to
9724	9724	the ward's estate is so negligible that maintaining the
9725	9725	guardianship in force would be burdensome;
9726	9726	(7) all of the assets of the estate have been placed in
9727	9727	a management trust under Chapter 1301 and the court determines that
9728	9728	a guardianship for the ward is no longer necessary; or
9729	9729	(8) the court determines for any other reason that a
9730	9730	guardianship for the ward is no longer necessary.
9731	9731	(c) In a case arising under Subsection (b)(6), the court may
9732	9732	authorize the income to be paid to a parent, or other person who has
9733	9733	acted as guardian of the ward, to assist in the maintenance of the
9734	9734	ward and without liability to account to the court for the income.
9735	9735	(d) If the estate of a minor ward consists only of cash or
9736	9736	cash equivalents in an amount of $100,000 or less, the guardianship
9737	9737	of the estate may be terminated and the assets paid to the county
9738	9738	clerk of the county in which the guardianship proceeding is
9739	9739	pending, and the clerk shall manage the funds as provided by Chapter
9740	9740	1355.
9741	9741	(e) In the settlement of a guardianship of the estate, the
9742	9742	court may appoint an attorney ad litem to represent the ward's
9743	9743	interests and may allow the attorney reasonable compensation for
9744	9744	services provided by the attorney out of the ward's estate. (Tex.
9745	9745	Prob. Code, Sec. 745; New.)
9746	9746	Sec. 1204.002. APPOINTMENT OF ATTORNEY AD LITEM TO
9747	9747	REPRESENT WARD IN FINAL SETTLEMENT UNDER CERTAIN CIRCUMSTANCES.
9748	9748	(a) The court may appoint an attorney ad litem to represent the
9749	9749	ward's interest in the final settlement with the guardian if:
9750	9750	(1) the ward is deceased and there is no executor or
9751	9751	administrator of the ward's estate;
9752	9752	(2) the ward is a nonresident; or
9753	9753	(3) the ward's residence is unknown.
9754	9754	(b) The court shall allow the attorney ad litem appointed
9755	9755	under this section reasonable compensation out of the ward's estate
9756	9756	for any services provided by the attorney. (Tex. Prob. Code, Sec.
9757	9757	755.)
9758	9758	[Sections 1204.003-1204.050 reserved for expansion]
9759	9759	SUBCHAPTER B. PAYMENT OF CERTAIN EXPENSES AND DEBTS
9760	9760	Sec. 1204.051. FUNERAL ARRANGEMENTS AND OTHER DEBTS;
9761	9761	ACCOUNT FOR FINAL SETTLEMENT ON COMPLAINT OF PERSONAL
9762	9762	REPRESENTATIVE. Before a guardianship of the person or estate of a
9763	9763	ward is closed on the ward's death, the guardian may, subject to the
9764	9764	court's approval, make all funeral arrangements and pay the funeral
9765	9765	expenses and all other debts out of the deceased ward's estate. If
9766	9766	a personal representative of the estate of a deceased ward is
9767	9767	appointed, the court shall on the written complaint of the personal
9768	9768	representative have the guardian of the deceased ward cited to
9769	9769	appear and present an account for final settlement as provided by
9770	9770	Section 1204.101. (Tex. Prob. Code, Sec. 746.)
9771	9771	Sec. 1204.052. TAXES AND EXPENSES OF ADMINISTRATION; SALE
9772	9772	OF ESTATE PROPERTY. Notwithstanding any other provision of this
9773	9773	title, a probate court in which proceedings to declare heirship are
9774	9774	maintained may order:
9775	9775	(1) the guardian to pay any taxes or expenses of
9776	9776	administering the estate; and
9777	9777	(2) the sale of property in the ward's estate, when
9778	9778	necessary, to:
9779	9779	(A) pay the taxes or expenses of administering
9780	9780	the estate; or
9781	9781	(B) distribute the estate among the heirs. (Tex.
9782	9782	Prob. Code, Sec. 748.)
9783	9783	Sec. 1204.053. INHERITANCE TAXES; LIMITATION ON CLOSING
9784	9784	ESTATE. If the guardian has been ordered to pay inheritance taxes
9785	9785	under this code, a deceased ward's estate may not be closed unless
9786	9786	the account for final settlement shows and the court finds that all
9787	9787	inheritance taxes due and owing to this state with respect to all
9788	9788	interests and property passing through the guardian's possession
9789	9789	have been paid. (Tex. Prob. Code, Sec. 754.)
9790	9790	[Sections 1204.054-1204.100 reserved for expansion]
9791	9791	SUBCHAPTER C. ACCOUNT FOR FINAL SETTLEMENT
9792	9792	Sec. 1204.101. VERIFIED ACCOUNT REQUIRED. A guardian of
9793	9793	the estate shall present to the court the guardian's verified
9794	9794	account for final settlement when the guardianship of the estate is
9795	9795	required to be settled. (Tex. Prob. Code, Sec. 749 (part).)
9796	9796	Sec. 1204.102. CONTENTS OF ACCOUNT. (a) Except as provided
9797	9797	by Subsection (b), it is sufficient for an account for final
9798	9798	settlement to:
9799	9799	(1) refer to the inventory without describing each
9800	9800	item of property in detail; and
9801	9801	(2) refer to and adopt any guardianship proceeding
9802	9802	concerning sales, renting, leasing for mineral development, or any
9803	9803	other transaction on behalf of the guardianship estate, including
9804	9804	an exhibit, account, or voucher previously filed and approved,
9805	9805	without restating the particular items.
9806	9806	(b) An account for final settlement shall be accompanied by
9807	9807	proper vouchers supporting each item included in the account for
9808	9808	which the guardian has not already accounted and, either by
9809	9809	reference to any proceeding described by Subsection (a) or by a
9810	9810	statement of the facts, must show:
9811	9811	(1) the property, rents, revenues, and profits
9812	9812	received by the guardian, and belonging to the ward, during the term
9813	9813	of the guardianship;
9814	9814	(2) the disposition made of the property, rents,
9815	9815	revenues, and profits;
9816	9816	(3) any expenses and debts against the estate that
9817	9817	remain unpaid;
9818	9818	(4) any estate property that remains in the guardian's
9819	9819	possession;
9820	9820	(5) that the guardian has paid all required bond
9821	9821	premiums;
9822	9822	(6) the tax returns the guardian has filed during the
9823	9823	guardianship;
9824	9824	(7) the amount of taxes the ward owed during the
9825	9825	guardianship that the guardian has paid;
9826	9826	(8) a complete account of the taxes the guardian has
9827	9827	paid during the guardianship, including:
9828	9828	(A) the amount of the taxes;
9829	9829	(B) the date the guardian paid the taxes; and
9830	9830	(C) the name of the governmental entity to which
9831	9831	the guardian paid the taxes;
9832	9832	(9) a description of all current delinquencies in the
9833	9833	filing of tax returns and the payment of taxes, including a reason
9834	9834	for each delinquency; and
9835	9835	(10) other facts as appear necessary to a full and
9836	9836	definite understanding of the exact condition of the guardianship.
9837	9837	(Tex. Prob. Code, Sec. 749 (part).)
9838	9838	Sec. 1204.103. CERTAIN DEBTS EXCLUDED FROM SETTLEMENT
9839	9839	COMPUTATION. In the settlement of any of the accounts of the
9840	9840	guardian of the estate, all debts due the estate that the court is
9841	9841	satisfied could not have been collected by due diligence and that
9842	9842	have not been collected shall be excluded from the computation.
9843	9843	(Tex. Prob. Code, Sec. 756.)
9844	9844	Sec. 1204.104. GUARDIAN TO ACCOUNT FOR WARD'S LABOR OR
9845	9845	SERVICES. (a) Subject to Subsection (b), the guardian of a ward
9846	9846	shall account for:
9847	9847	(1) the reasonable value of labor or services provided
9848	9848	by the ward; or
9849	9849	(2) the proceeds of labor or services provided by the
9850	9850	ward.
9851	9851	(b) The guardian is entitled to reasonable credits for the
9852	9852	board, clothing, and maintenance of the ward. (Tex. Prob. Code,
9853	9853	Sec. 757.)
9854	9854	Sec. 1204.105. CITATION AND NOTICE ON PRESENTATION OF
9855	9855	ACCOUNT. (a) On presentation of an account for final settlement by
9856	9856	a guardian of the estate of a ward, the county clerk shall issue
9857	9857	citation to the persons and in the manner provided by this section.
9858	9858	(b) Citation issued under Subsection (a) must contain:
9859	9859	(1) a statement that an account for final settlement
9860	9860	has been presented;
9861	9861	(2) the time and place the court will consider the
9862	9862	account; and
9863	9863	(3) a statement requiring the person cited to appear
9864	9864	and contest the account, if the person determines contesting the
9865	9865	account is proper.
9866	9866	(c) Except as provided by Subsection (d) or (e), the county
9867	9867	clerk shall:
9868	9868	(1) issue a citation to be personally served on a ward
9869	9869	if:
9870	9870	(A) the ward is 14 years of age or older;
9871	9871	(B) the ward is a living resident of this state;
9872	9872	and
9873	9873	(C) the ward's residence is known;
9874	9874	(2) issue a citation to be personally served on the
9875	9875	executor or administrator of a deceased ward's estate, if one has
9876	9876	been appointed; and
9877	9877	(3) issue a citation to a ward or the ward's estate by
9878	9878	publication, or by posting if directed by written court order, if:
9879	9879	(A) the ward's residence is unknown;
9880	9880	(B) the ward is not a resident of this state; or
9881	9881	(C) the ward is deceased and no representative of
9882	9882	the ward's estate has been appointed and has qualified in this
9883	9883	state.
9884	9884	(d) The ward, in person or by attorney, may waive by writing
9885	9885	filed with the county clerk the issuance and personal service of
9886	9886	citation required by Subsection (c)(1).
9887	9887	(e) Service of citation is not required under Subsection
9888	9888	(c)(2) if the executor or administrator is the same person as the
9889	9889	guardian.
9890	9890	(f) The court may allow the waiver of notice of an account
9891	9891	for final settlement in a guardianship proceeding.
9892	9892	(g) The court by written order shall require additional
9893	9893	notice if the court considers the additional notice necessary.
9894	9894	(Tex. Prob. Code, Sec. 751.)
9895	9895	Sec. 1204.106. EXAMINATION OF AND HEARING ON ACCOUNT. (a)
9896	9896	On the court's satisfaction that citation has been properly served
9897	9897	on all persons interested in the guardianship estate, the court
9898	9898	shall examine the account for final settlement and the accompanying
9899	9899	vouchers.
9900	9900	(b) After hearing all exceptions or objections to the
9901	9901	account and evidence in support of or against the account, the court
9902	9902	shall audit and settle the account and, if necessary, restate the
9903	9903	account. (Tex. Prob. Code, Sec. 752(a).)
9904	9904	Sec. 1204.107. ASSETS BECOMING DUE PENDING FINAL
9905	9905	SETTLEMENT; RECEIPT AND DISCHARGE. (a) This section does not apply
9906	9906	to money or another thing of value held under Section 1105.153.
9907	9907	(b) Until the order of final discharge of the guardian is
9908	9908	entered in the judge's guardianship docket, money or another thing
9909	9909	of value falling due to the ward or the ward's estate while the
9910	9910	account for final settlement is pending may be paid or tendered to
9911	9911	the emancipated ward, the guardian, or the personal representative
9912	9912	of the deceased ward's estate. The ward, guardian, or personal
9913	9913	representative to whom the money or other thing of value is paid or
9914	9914	tendered shall issue a receipt for the money or other thing of
9915	9915	value, and the obligor or payor is discharged of the obligation for
9916	9916	all purposes. (Tex. Prob. Code, Sec. 753.)
9917	9917	Sec. 1204.108. DELIVERY OF WARD'S PROPERTY IN POSSESSION OF
9918	9918	GUARDIAN OF THE PERSON ON SETTLEMENT OF GUARDIANSHIP OF THE ESTATE.
9919	9919	(a) If the guardianship of a ward is required to be settled as
9920	9920	provided by Section 1204.001, the guardian of the person shall
9921	9921	deliver all of the ward's property in the guardian's possession or
9922	9922	control to the emancipated ward or other person entitled to the
9923	9923	property. If the ward is deceased, the guardian shall deliver the
9924	9924	property to the personal representative of the deceased ward's
9925	9925	estate or other person entitled to the property.
9926	9926	(b) If none of the ward's property is in the guardian of the
9927	9927	person's possession or control, the guardian shall, not later than
9928	9928	the 60th day after the date the guardianship is required to be
9929	9929	settled, file with the court a sworn affidavit that states:
9930	9930	(1) the reason the guardianship was terminated; and
9931	9931	(2) to whom the ward's property in the guardian's
9932	9932	possession was delivered.
9933	9933	(c) The judge may issue orders as necessary for the best
9934	9934	interests of the ward or the deceased ward's estate.
9935	9935	(d) This section does not discharge a guardian of the person
9936	9936	from liability for breach of the guardian's fiduciary duties.
9937	9937	(Tex. Prob. Code, Sec. 747.)
9938	9938	Sec. 1204.109. DELIVERY OF REMAINING ESTATE PROPERTY. On
9939	9939	final settlement of a guardianship estate, the court shall order
9940	9940	that any part of the estate that remains in the guardian's
9941	9941	possession be delivered to:
9942	9942	(1) the ward;
9943	9943	(2) the personal representative of the ward's estate,
9944	9944	if the ward is deceased and a personal representative has been
9945	9945	appointed; or
9946	9946	(3) any other person legally entitled to the estate.
9947	9947	(Tex. Prob. Code, Sec. 752(b).)
9948	9948	[Sections 1204.110-1204.150 reserved for expansion]
9949	9949	SUBCHAPTER D. CLOSING OF GUARDIANSHIP AND DISCHARGE OF GUARDIAN
9950	9950	Sec. 1204.151. DISCHARGE OF GUARDIAN WHEN NO ESTATE
9951	9951	PROPERTY REMAINS. The court shall enter an order discharging a
9952	9952	guardian from the guardian's trust and closing the guardianship
9953	9953	estate if, on final settlement of the estate, none of the estate
9954	9954	remains in the guardian's possession. (Tex. Prob. Code, Sec.
9955	9955	752(c).)
9956	9956	Sec. 1204.152. DISCHARGE OF GUARDIAN WHEN ESTATE FULLY
9957	9957	ADMINISTERED. The court shall enter an order discharging a
9958	9958	guardian of the estate from the guardian's trust and declaring the
9959	9959	estate closed when:
9960	9960	(1) the guardian has fully administered the estate in
9961	9961	accordance with this title and the court's orders;
9962	9962	(2) the guardian's account for final settlement has
9963	9963	been approved; and
9964	9964	(3) the guardian has delivered all of the estate
9965	9965	remaining in the guardian's possession to any person entitled to
9966	9966	receive the estate. (Tex. Prob. Code, Sec. 752(d).)
9967	9967	[Sections 1204.153-1204.200 reserved for expansion]
9968	9968	SUBCHAPTER E. FAILURE OF GUARDIAN TO ACT
9969	9969	Sec. 1204.201. FAILURE TO PRESENT FINAL ACCOUNT OR REPORT.
9970	9970	(a) The court may, on the court's own motion, and shall, on the
9971	9971	written complaint of the emancipated ward or anyone interested in
9972	9972	the ward or the ward's estate, have the guardian who is charged with
9973	9973	the duty of presenting a final account or report cited to appear and
9974	9974	present the account or report within the time specified in the
9975	9975	citation if the guardian failed or neglected to present the account
9976	9976	or report at the proper time.
9977	9977	(b) If a written complaint has not been filed by anyone
9978	9978	interested in the guardianship of the person or estate of a minor or
9979	9979	deceased ward, on or after the third anniversary of the date the
9980	9980	minor ward reaches the age of majority or the date the ward dies, as
9981	9981	applicable, the court may remove the estate from the court's active
9982	9982	docket without a final accounting and without appointing a
9983	9983	successor personal representative.
9984	9984	(c) If a complaint has not been filed by anyone interested
9985	9985	in the estate of a ward whose whereabouts are unknown to the court,
9986	9986	on or after the fourth anniversary of the date the ward's
9987	9987	whereabouts became unknown to the court, the court may remove the
9988	9988	estate from the court's active docket without a final accounting
9989	9989	and without appointing a successor personal representative. (Tex.
9990	9990	Prob. Code, Sec. 750.)
9991	9991	Sec. 1204.202. LIABILITY FOR FAILURE TO DELIVER ESTATE
9992	9992	PROPERTY. (a) On final settlement or termination of the
9993	9993	guardianship of the estate, if the guardian neglects when legally
9994	9994	demanded to deliver a portion of the estate or any funds or money in
9995	9995	the guardian's possession ordered to be delivered to a person
9996	9996	entitled to that property, the person may file with the court clerk
9997	9997	a written complaint alleging:
9998	9998	(1) the fact of the neglect;
9999	9999	(2) the date of the person's demand; and
10000	10000	(3) other relevant facts.
10001	10001	(b) After the filing of a complaint under Subsection (a),
10002	10002	the court clerk shall issue a citation to be served personally on
10003	10003	the guardian. The citation must:
10004	10004	(1) apprise the guardian of the complaint; and
10005	10005	(2) cite the guardian to appear before the court and
10006	10006	answer, if the guardian desires, at a time designated in the
10007	10007	citation.
10008	10008	(c) If at the hearing the court finds that the citation was
10009	10009	properly served and returned, and that the guardian is guilty of the
10010	10010	neglect charged, the court shall enter an order to that effect.
10011	10011	(d) If the court enters an order under Subsection (c), the
10012	10012	guardian is liable to the person who filed the complaint under
10013	10013	Subsection (a) for damages at the rate of 10 percent of the amount
10014	10014	or appraised value of the money or estate withheld, per month, for
10015	10015	each month or fraction of a month that the estate or money of a
10016	10016	guardianship of the estate, or on termination of guardianship of
10017	10017	the person, or funds is or has been withheld by the guardian after
10018	10018	the date of demand. Damages under this subsection may be recovered
10019	10019	in any court of competent jurisdiction. (Tex. Prob. Code, Sec.
10020	10020	758.)
10021	10021	SUBTITLE G. SPECIAL TYPES OF GUARDIANSHIPS
10022	10022	CHAPTER 1251. TEMPORARY GUARDIANSHIPS
10023	10023	SUBCHAPTER A. APPOINTMENT OF TEMPORARY GUARDIAN GENERALLY
10024	10024	Sec. 1251.001. APPOINTMENT OF TEMPORARY GUARDIAN
10025	10025	Sec. 1251.002. NO PRESUMPTION OF INCAPACITY
10026	10026	Sec. 1251.003. APPLICATION
10027	10027	Sec. 1251.004. APPOINTMENT OF ATTORNEY
10028	10028	Sec. 1251.005. NOTICE OF APPLICATION
10029	10029	Sec. 1251.006. SCHEDULING OF HEARING
10030	10030	Sec. 1251.007. MOTION FOR DISMISSAL OF APPLICATION
10031	10031	Sec. 1251.008. RIGHTS OF PROPOSED WARD AT HEARING
10032	10032	Sec. 1251.009. APPEARANCE BY PROPOSED TEMPORARY
10033	10033	GUARDIAN IN CERTAIN CIRCUMSTANCES
10034	10034	Sec. 1251.010. ORDER APPOINTING TEMPORARY GUARDIAN
10035	10035	Sec. 1251.011. CERTAIN AGENCY AS TEMPORARY GUARDIAN
10036	10036	Sec. 1251.012. TEMPORARY GUARDIAN'S BOND
10037	10037	Sec. 1251.013. COURT COSTS
10038	10038	[Sections 1251.014-1251.050 reserved for expansion]
10039	10039	SUBCHAPTER B. TEMPORARY GUARDIANSHIP PENDING CHALLENGE OR CONTEST
10040	10040	OF CERTAIN GUARDIANSHIP APPLICATIONS
10041	10041	Sec. 1251.051. AUTHORITY TO APPOINT TEMPORARY GUARDIAN
10042	10042	OR GRANT RESTRAINING ORDER
10043	10043	Sec. 1251.052. QUALIFICATION AND DURATION OF CERTAIN
10044	10044	TEMPORARY GUARDIANSHIPS
10045	10045	[Sections 1251.053-1251.100 reserved for expansion]
10046	10046	SUBCHAPTER C. POWERS AND DUTIES OF TEMPORARY GUARDIANS
10047	10047	Sec. 1251.101. AUTHORITY OF TEMPORARY GUARDIAN
10048	10048	Sec. 1251.102. APPLICABILITY OF GUARDIANSHIP
10049	10049	PROVISIONS
10050	10050	[Sections 1251.103-1251.150 reserved for expansion]
10051	10051	SUBCHAPTER D. EXPIRATION AND CLOSING OF TEMPORARY GUARDIANSHIP
10052	10052	Sec. 1251.151. DURATION OF TEMPORARY GUARDIANSHIP
10053	10053	Sec. 1251.152. ACCOUNTING
10054	10054	Sec. 1251.153. DELIVERY OF ESTATE; DISCHARGE OF
10055	10055	TEMPORARY GUARDIAN
10056	10056	CHAPTER 1251. TEMPORARY GUARDIANSHIPS
10057	10057	SUBCHAPTER A. APPOINTMENT OF TEMPORARY GUARDIAN GENERALLY
10058	10058	Sec. 1251.001. APPOINTMENT OF TEMPORARY GUARDIAN. (a) A
10059	10059	court shall appoint a temporary guardian, with limited powers as
10060	10060	the circumstances of the case require, if the court:
10061	10061	(1) is presented with substantial evidence that a
10062	10062	person may be an incapacitated person; and
10063	10063	(2) has probable cause to believe that the person, the
10064	10064	person's estate, or both require the immediate appointment of a
10065	10065	guardian.
10066	10066	(b) The person for whom a temporary guardian is appointed
10067	10067	under this chapter retains all rights and powers that are not
10068	10068	specifically granted to the person's temporary guardian by court
10069	10069	order. (Tex. Prob. Code, Secs. 875(a), (b).)
10070	10070	Sec. 1251.002. NO PRESUMPTION OF INCAPACITY. A person for
10071	10071	whom a temporary guardian is appointed under this chapter may not be
10072	10072	presumed to be incapacitated. (Tex. Prob. Code, Sec. 874.)
10073	10073	Sec. 1251.003. APPLICATION. (a) A sworn, written
10074	10074	application for the appointment of a temporary guardian shall be
10075	10075	filed before the court appoints a temporary guardian.
10076	10076	(b) The application must state:
10077	10077	(1) the name and address of the person who is the
10078	10078	subject of the guardianship proceeding;
10079	10079	(2) the danger to the person or property alleged to be
10080	10080	imminent;
10081	10081	(3) the type of appointment and the particular
10082	10082	protection and assistance being requested;
10083	10083	(4) the facts and reasons supporting the allegations
10084	10084	and requests;
10085	10085	(5) the proposed temporary guardian's name, address,
10086	10086	and qualification;
10087	10087	(6) the applicant's name, address, and interest; and
10088	10088	(7) if applicable, that the proposed temporary
10089	10089	guardian is a private professional guardian who is certified under
10090	10090	Subchapter C, Chapter 111, Government Code, and has complied with
10091	10091	the requirements of Subchapter G, Chapter 1104. (Tex. Prob. Code,
10092	10092	Sec. 875(c).)
10093	10093	Sec. 1251.004. APPOINTMENT OF ATTORNEY. On the filing of an
10094	10094	application for temporary guardianship, the court shall appoint an
10095	10095	attorney to represent the proposed ward in all guardianship
10096	10096	proceedings in which independent counsel has not been retained by
10097	10097	or on behalf of the proposed ward. (Tex. Prob. Code, Sec. 875(d).)
10098	10098	Sec. 1251.005. NOTICE OF APPLICATION. (a) On the filing of
10099	10099	an application for temporary guardianship, the clerk shall issue
10100	10100	notice to be served on:
10101	10101	(1) the proposed ward;
10102	10102	(2) the proposed ward's appointed attorney; and
10103	10103	(3) the proposed temporary guardian named in the
10104	10104	application, if that person is not the applicant.
10105	10105	(b) The notice must describe:
10106	10106	(1) the rights of the parties; and
10107	10107	(2) the date, time, place, purpose, and possible
10108	10108	consequences of a hearing on the application.
10109	10109	(c) A copy of the application must be attached to the
10110	10110	notice. (Tex. Prob. Code, Sec. 875(e).)
10111	10111	Sec. 1251.006. SCHEDULING OF HEARING. (a) Immediately
10112	10112	after an application for a temporary guardianship is filed, the
10113	10113	court shall issue an order setting a certain date for the hearing on
10114	10114	the application.
10115	10115	(b) Unless postponed as provided by Subsection (c), a
10116	10116	hearing shall be held not later than the 10th day after the date the
10117	10117	application for temporary guardianship is filed.
10118	10118	(c) The proposed ward or the proposed ward's attorney may
10119	10119	consent to postpone the hearing on the application for temporary
10120	10120	guardianship for a period not to exceed 30 days after the date the
10121	10121	application is filed.
10122	10122	(d) An application for temporary guardianship takes
10123	10123	precedence over all matters except older matters of the same
10124	10124	character. (Tex. Prob. Code, Secs. 875(f)(1) (part), (2), (3),
10125	10125	(4).)
10126	10126	Sec. 1251.007. MOTION FOR DISMISSAL OF APPLICATION. (a)
10127	10127	Subject to Subsection (b), the proposed ward or the proposed ward's
10128	10128	attorney may appear and move for the dismissal of the application
10129	10129	for temporary guardianship.
10130	10130	(b) At least one day before making a motion under Subsection
10131	10131	(a), the proposed ward or the proposed ward's attorney shall
10132	10132	provide notice to the party who filed the application for temporary
10133	10133	guardianship.
10134	10134	(c) If a motion is made for dismissal of the application for
10135	10135	temporary guardianship, the court shall hear and determine the
10136	10136	motion as expeditiously as justice requires. (Tex. Prob. Code,
10137	10137	Sec. 875(f)(5).)
10138	10138	Sec. 1251.008. RIGHTS OF PROPOSED WARD AT HEARING. At a
10139	10139	hearing under this subchapter, the proposed ward has the right to:
10140	10140	(1) receive prior notice;
10141	10141	(2) be represented by counsel;
10142	10142	(3) be present;
10143	10143	(4) present evidence;
10144	10144	(5) confront and cross-examine witnesses; and
10145	10145	(6) a closed hearing if requested by the proposed ward
10146	10146	or the proposed ward's attorney. (Tex. Prob. Code, Sec. 875(f)(1)
10147	10147	(part).)
10148	10148	Sec. 1251.009. APPEARANCE BY PROPOSED TEMPORARY GUARDIAN IN
10149	10149	CERTAIN CIRCUMSTANCES. If the applicant for a temporary
10150	10150	guardianship is not the proposed temporary guardian, a temporary
10151	10151	guardianship may not be granted before a hearing on the application
10152	10152	required by Section 1251.006(b) unless the proposed temporary
10153	10153	guardian appears in court. (Tex. Prob. Code, Sec. 875(f)(6).)
10154	10154	Sec. 1251.010. ORDER APPOINTING TEMPORARY GUARDIAN. (a)
10155	10155	The court shall appoint a temporary guardian by written order if, at
10156	10156	the conclusion of the hearing required by Section 1251.006(b), the
10157	10157	court determines that the applicant has established that there is
10158	10158	substantial evidence that the proposed ward is an incapacitated
10159	10159	person, that there is imminent danger that the proposed ward's
10160	10160	physical health or safety will be seriously impaired, or that the
10161	10161	proposed ward's estate will be seriously damaged or dissipated
10162	10162	unless immediate action is taken.
10163	10163	(b) The court shall assign to the temporary guardian only
10164	10164	those powers and duties that are necessary to protect the proposed
10165	10165	ward against the imminent danger shown.
10166	10166	(c) The order appointing the temporary guardian must
10167	10167	describe:
10168	10168	(1) the reasons for the temporary guardianship; and
10169	10169	(2) the powers and duties of the temporary guardian.
10170	10170	(Tex. Prob. Code, Sec. 875(g) (part).)
10171	10171	Sec. 1251.011. CERTAIN AGENCY AS TEMPORARY GUARDIAN. A
10172	10172	court may not ordinarily appoint the Department of Aging and
10173	10173	Disability Services as a temporary guardian under this chapter.
10174	10174	The appointment of the department as a temporary guardian under
10175	10175	this chapter should be made only as a last resort. (Tex. Prob.
10176	10176	Code, Sec. 875(j).)
10177	10177	Sec. 1251.012. TEMPORARY GUARDIAN'S BOND. The court shall
10178	10178	set bond for a temporary guardian according to Chapter 1105. (Tex.
10179	10179	Prob. Code, Sec. 875(g) (part).)
10180	10180	Sec. 1251.013. COURT COSTS. If the court appoints a
10181	10181	temporary guardian after the hearing required by Section
10182	10182	1251.006(b), all court costs, including attorney's fees, may be
10183	10183	assessed as provided by Sections 1155.051, 1155.151, and 665B.
10184	10184	(Tex. Prob. Code, Sec. 875(i).)
10185	10185	[Sections 1251.014-1251.050 reserved for expansion]
10186	10186	SUBCHAPTER B. TEMPORARY GUARDIANSHIP PENDING CHALLENGE OR CONTEST
10187	10187	OF CERTAIN GUARDIANSHIP APPLICATIONS
10188	10188	Sec. 1251.051. AUTHORITY TO APPOINT TEMPORARY GUARDIAN OR
10189	10189	GRANT RESTRAINING ORDER. The court, on the court's own motion or on
10190	10190	the motion of any interested party, may appoint a temporary
10191	10191	guardian or grant a temporary restraining order under Rule 680,
10192	10192	Texas Rules of Civil Procedure, or both, without issuing additional
10193	10193	citation if:
10194	10194	(1) an application for a temporary guardianship, for
10195	10195	the conversion of a temporary guardianship to a permanent
10196	10196	guardianship, or for a permanent guardianship is challenged or
10197	10197	contested; and
10198	10198	(2) the court finds that the appointment or the
10199	10199	issuance of the order is necessary to protect the proposed ward or
10200	10200	the proposed ward's estate. (Tex. Prob. Code, Sec. 875(k).)
10201	10201	Sec. 1251.052. QUALIFICATION AND DURATION OF CERTAIN
10202	10202	TEMPORARY GUARDIANSHIPS. (a) A temporary guardian appointed under
10203	10203	Section 1251.051 must qualify in the same form and manner required
10204	10204	of a guardian under this title.
10205	10205	(b) The term of a temporary guardian appointed under Section
10206	10206	1251.051 expires:
10207	10207	(1) at the conclusion of the hearing challenging or
10208	10208	contesting the application; or
10209	10209	(2) on the date a permanent guardian appointed by the
10210	10210	court for the proposed ward qualifies to serve as the ward's
10211	10211	guardian. (Tex. Prob. Code, Sec. 875(l).)
10212	10212	[Sections 1251.053-1251.100 reserved for expansion]
10213	10213	SUBCHAPTER C. POWERS AND DUTIES OF TEMPORARY GUARDIANS
10214	10214	Sec. 1251.101. AUTHORITY OF TEMPORARY GUARDIAN. (a) When
10215	10215	the temporary guardian files the oath and bond required under this
10216	10216	title, the court order appointing the temporary guardian takes
10217	10217	effect without the necessity for issuance of letters of
10218	10218	guardianship.
10219	10219	(b) The clerk shall note compliance with the oath and bond
10220	10220	requirements by the appointed temporary guardian on a certificate
10221	10221	attached to the order.
10222	10222	(c) The order appointing the temporary guardian is evidence
10223	10223	of the temporary guardian's authority to act within the scope of the
10224	10224	powers and duties stated in the order.
10225	10225	(d) The clerk may not issue certified copies of the order
10226	10226	until the oath and bond requirements are satisfied. (Tex. Prob.
10227	10227	Code, Sec. 876.)
10228	10228	Sec. 1251.102. APPLICABILITY OF GUARDIANSHIP PROVISIONS.
10229	10229	The provisions of this title relating to the guardianship of the
10230	10230	persons and estates of incapacitated persons apply to the temporary
10231	10231	guardianship of the persons and estates of incapacitated persons,
10232	10232	to the extent the provisions may be made applicable. (Tex. Prob.
10233	10233	Code, Sec. 877.)
10234	10234	[Sections 1251.103-1251.150 reserved for expansion]
10235	10235	SUBCHAPTER D. EXPIRATION AND CLOSING OF TEMPORARY GUARDIANSHIP
10236	10236	Sec. 1251.151. DURATION OF TEMPORARY GUARDIANSHIP. Except
10237	10237	as provided by Section 1251.052, a temporary guardianship may not
10238	10238	remain in effect for more than 60 days. (Tex. Prob. Code, Sec.
10239	10239	875(h).)
10240	10240	Sec. 1251.152. ACCOUNTING. (a) At the expiration of a
10241	10241	temporary guardianship, the temporary guardian shall file with the
10242	10242	court clerk:
10243	10243	(1) a sworn list of all estate property that has come
10244	10244	into the temporary guardian's possession;
10245	10245	(2) a return of all sales made by the temporary
10246	10246	guardian; and
10247	10247	(3) a full exhibit and account of all the temporary
10248	10248	guardian's acts as temporary guardian.
10249	10249	(b) The court shall act on the list, return, exhibit, and
10250	10250	account filed under Subsection (a). (Tex. Prob. Code, Secs. 878,
10251	10251	879 (part).)
10252	10252	Sec. 1251.153. DELIVERY OF ESTATE; DISCHARGE OF TEMPORARY
10253	10253	GUARDIAN. (a) When temporary letters expire or cease to be
10254	10254	effective for any reason, the court immediately shall enter an
10255	10255	order requiring the temporary guardian to deliver the estate
10256	10256	remaining in the temporary guardian's possession to the person
10257	10257	legally entitled to possession of the estate.
10258	10258	(b) On proof of delivery under Subsection (a):
10259	10259	(1) the temporary guardian shall be discharged; and
10260	10260	(2) the sureties on the temporary guardian's bond
10261	10261	shall be released as to future liability. (Tex. Prob. Code, Sec. 879 (part).)
10262	10262	CHAPTER 1252. GUARDIANSHIPS FOR NONRESIDENT WARDS
10263	10263	SUBCHAPTER A. RESIDENT GUARDIAN OF NONRESIDENT WARD'S ESTATE
10264	10264	Sec. 1252.001. GRANTING OF GUARDIANSHIP OF ESTATE FOR
10265	10265	NONRESIDENT
10266	10266	Sec. 1252.002. COURT ACTIONS AND ORDERS CONCERNING
10267	10267	ESTATE
10268	10268	Sec. 1252.003. CLOSING RESIDENT GUARDIANSHIP
10269	10269	[Sections 1252.004-1252.050 reserved for expansion]
10270	10270	SUBCHAPTER B. NONRESIDENT GUARDIAN OF NONRESIDENT WARD'S ESTATE
10271	10271	Sec. 1252.051. APPOINTMENT AND QUALIFICATION OF
10272	10272	NONRESIDENT GUARDIAN
10273	10273	Sec. 1252.052. APPOINTMENT; ISSUANCE OF LETTERS OF
10274	10274	GUARDIANSHIP
10275	10275	Sec. 1252.053. INVENTORY AND APPRAISEMENT;
10276	10276	ADMINISTRATION OF ESTATE
10277	10277	Sec. 1252.054. DELIVERY OF ESTATE TO CERTAIN GUARDIANS
10278	10278	Sec. 1252.055. REMOVAL OF WARD'S PROPERTY FROM STATE
10279	10279	BY NONRESIDENT GUARDIAN
10280	10280	CHAPTER 1252. GUARDIANSHIPS FOR NONRESIDENT WARDS
10281	10281	SUBCHAPTER A. RESIDENT GUARDIAN OF NONRESIDENT WARD'S ESTATE
10282	10282	Sec. 1252.001. GRANTING OF GUARDIANSHIP OF ESTATE FOR
10283	10283	NONRESIDENT. (a) A guardianship of the estate of a nonresident
10284	10284	incapacitated person who owns property in this state may be
10285	10285	granted, if necessary, in the same manner as for the property of a
10286	10286	resident of this state.
10287	10287	(b) A court in the county in which the principal estate of
10288	10288	the nonresident incapacitated person is located has jurisdiction to
10289	10289	appoint the guardian. (Tex. Prob. Code, Sec. 882 (part).)
10290	10290	Sec. 1252.002. COURT ACTIONS AND ORDERS CONCERNING ESTATE.
10291	10291	The court shall take all actions and make all necessary orders with
10292	10292	respect to the estate described by Section 1252.001 of a
10293	10293	nonresident ward for the maintenance, support, care, or education
10294	10294	of the ward out of the proceeds of the estate, in the same manner as
10295	10295	if the ward were a resident of this state sent abroad by the court
10296	10296	for education or treatment. (Tex. Prob. Code, Sec. 882 (part).)
10297	10297	Sec. 1252.003. CLOSING RESIDENT GUARDIANSHIP. The court
10298	10298	shall close a resident guardianship of an estate granted under this
10299	10299	subchapter if a qualified nonresident guardian of the estate later
10300	10300	qualifies in this state under Section 1252.051 as a nonresident
10301	10301	guardian. (Tex. Prob. Code, Sec. 882 (part).)
10302	10302	[Sections 1252.004-1252.050 reserved for expansion]
10303	10303	SUBCHAPTER B. NONRESIDENT GUARDIAN OF NONRESIDENT WARD'S ESTATE
10304	10304	Sec. 1252.051. APPOINTMENT AND QUALIFICATION OF
10305	10305	NONRESIDENT GUARDIAN. (a) A nonresident of this state may be
10306	10306	appointed and qualified as guardian or coguardian of a nonresident
10307	10307	ward's estate located in this state in the same manner provided by
10308	10308	this title for the appointment and qualification of a resident
10309	10309	guardian of the estate of an incapacitated person if:
10310	10310	(1) a court of competent jurisdiction in the
10311	10311	geographical jurisdiction in which the nonresident resides
10312	10312	appointed the nonresident guardian;
10313	10313	(2) the nonresident is qualified as guardian or as a
10314	10314	fiduciary legal representative by any name known in the foreign
10315	10315	jurisdiction of the property or estate of the ward located in the
10316	10316	jurisdiction of the foreign court; and
10317	10317	(3) the nonresident, with the written application for
10318	10318	appointment, files in the county court of a county of this state in
10319	10319	which all or part of the nonresident ward's estate is located a
10320	10320	complete transcript of the proceedings from the records of the
10321	10321	court in which the nonresident applicant was appointed.
10322	10322	(b) The transcript required by Subsection (a)(3) must:
10323	10323	(1) show the applicant's appointment and qualification
10324	10324	as guardian or other fiduciary legal representative of the ward's
10325	10325	property or estate;
10326	10326	(2) be certified to and attested by the clerk of the
10327	10327	foreign court or the court officer charged by law with custody of
10328	10328	the court records, under the court seal, if any; and
10329	10329	(3) have attached a certificate of the judge, chief
10330	10330	justice, or presiding magistrate of the foreign court certifying
10331	10331	that the attestation of the clerk or legal custodian of the court
10332	10332	records is in correct form. (Tex. Prob. Code, Secs. 881(a), (b).)
10333	10333	Sec. 1252.052. APPOINTMENT; ISSUANCE OF LETTERS OF
10334	10334	GUARDIANSHIP. (a) If a nonresident applicant meets the
10335	10335	requirements of Section 1252.051, without the necessity of notice
10336	10336	or citation, the court shall enter an order appointing the
10337	10337	nonresident as guardian or coguardian of a nonresident ward's
10338	10338	estate located in this state.
10339	10339	(b) After the nonresident applicant qualifies in the manner
10340	10340	required of resident guardians and files with the court a power of
10341	10341	attorney appointing a resident agent to accept service of process
10342	10342	in all actions or proceedings with respect to the estate, the clerk
10343	10343	shall issue the letters of guardianship to the nonresident
10344	10344	guardian. (Tex. Prob. Code, Sec. 881(c).)
10345	10345	Sec. 1252.053. INVENTORY AND APPRAISEMENT; ADMINISTRATION
10346	10346	OF ESTATE. After qualification, a nonresident guardian:
10347	10347	(1) shall file an inventory and appraisement of the
10348	10348	ward's estate in this state subject to the court's jurisdiction, as
10349	10349	in ordinary cases; and
10350	10350	(2) is subject to the applicable provisions of this
10351	10351	code governing the handling and settlement of an estate by a
10352	10352	resident guardian. (Tex. Prob. Code, Sec. 881(d).)
10353	10353	Sec. 1252.054. DELIVERY OF ESTATE TO CERTAIN GUARDIANS.
10354	10354	The court may order a resident guardian who has any of the ward's
10355	10355	estate to deliver the estate to a qualified and acting guardian of
10356	10356	the ward. (Tex. Prob. Code, Sec. 881(e).)
10357	10357	Sec. 1252.055. REMOVAL OF WARD'S PROPERTY FROM STATE BY
10358	10358	NONRESIDENT GUARDIAN. Regardless of whether qualified under this
10359	10359	title, a nonresident guardian may remove personal property of the
10360	10360	ward from this state if:
10361	10361	(1) the removal does not conflict with the tenure of
10362	10362	the property or the terms of the guardianship under which the
10363	10363	property is held; and
10364	10364	(2) all known debts against the estate in this state
10365	10365	are paid or secured by a bond payable to and approved by the judge of
10366	10366	the court in which guardianship proceedings are pending in this state. (Tex. Prob. Code, Sec. 881A.)
10367	10367	CHAPTER 1253. INTERSTATE GUARDIANSHIPS
10368	10368	SUBCHAPTER A. TRANSFER OF GUARDIANSHIP TO FOREIGN JURISDICTION
10369	10369	Sec. 1253.001. APPLICATION TO TRANSFER GUARDIANSHIP TO
10370	10370	FOREIGN JURISDICTION
10371	10371	Sec. 1253.002. NOTICE OF APPLICATION
10372	10372	Sec. 1253.003. DETERMINATION REGARDING TRANSFER OF
10373	10373	GUARDIANSHIP
10374	10374	[Sections 1253.004-1253.050 reserved for expansion]
10375	10375	SUBCHAPTER B. RECEIPT AND ACCEPTANCE OF FOREIGN GUARDIANSHIP
10376	10376	Sec. 1253.051. APPLICATION FOR RECEIPT AND ACCEPTANCE
10377	10377	OF FOREIGN GUARDIANSHIP
10378	10378	Sec. 1253.052. NOTICE OF APPLICATION
10379	10379	Sec. 1253.053. DETERMINATION REGARDING RECEIPT AND
10380	10380	ACCEPTANCE OF FOREIGN GUARDIANSHIP
10381	10381	Sec. 1253.054. HEARING TO CONSIDER MODIFICATION
10382	10382	Sec. 1253.055. GUARDIANSHIP TRANSFER PROCEEDINGS FILED
10383	10383	IN TWO OR MORE COURTS
10384	10384	Sec. 1253.056. CONSTRUCTION WITH OTHER LAW
10385	10385	[Sections 1253.057-1253.100 reserved for expansion]
10386	10386	SUBCHAPTER C. GUARDIANSHIP PROCEEDINGS FILED IN THIS STATE AND IN
10387	10387	FOREIGN JURISDICTION
10388	10388	Sec. 1253.101. DELAY OF CERTAIN GUARDIANSHIP
10389	10389	PROCEEDINGS
10390	10390	Sec. 1253.102. DETERMINATION OF VENUE; ACTION
10391	10391	FOLLOWING DETERMINATION
10392	10392	Sec. 1253.103. NECESSARY ORDERS
10393	10393	CHAPTER 1253. INTERSTATE GUARDIANSHIPS
10394	10394	SUBCHAPTER A. TRANSFER OF GUARDIANSHIP TO FOREIGN JURISDICTION
10395	10395	Sec. 1253.001. APPLICATION TO TRANSFER GUARDIANSHIP TO
10396	10396	FOREIGN JURISDICTION. A guardian of the person or estate may apply
10397	10397	to the court that has jurisdiction over the guardianship to
10398	10398	transfer the guardianship to a court in a foreign jurisdiction to
10399	10399	which the ward has permanently moved. (Tex. Prob. Code, Sec.
10400	10400	891(a).)
10401	10401	Sec. 1253.002. NOTICE OF APPLICATION. Notice of an
10402	10402	application to transfer a guardianship under this subchapter shall
10403	10403	be:
10404	10404	(1) served personally on the ward; and
10405	10405	(2) given to the foreign court to which the
10406	10406	guardianship is to be transferred. (Tex. Prob. Code, Sec. 891(b).)
10407	10407	Sec. 1253.003. DETERMINATION REGARDING TRANSFER OF
10408	10408	GUARDIANSHIP. (a) On the court's own motion or on the motion of the
10409	10409	ward or any interested person, the court shall hold a hearing to
10410	10410	consider an application to transfer a guardianship under this
10411	10411	subchapter.
10412	10412	(b) The court shall transfer a guardianship to a foreign
10413	10413	court if the court determines the transfer is in the best interests
10414	10414	of the ward. The transfer of the guardianship must be made
10415	10415	contingent on the acceptance of the guardianship in the foreign
10416	10416	jurisdiction.
10417	10417	(c) The court shall coordinate efforts with the appropriate
10418	10418	foreign court to facilitate the orderly transfer of the
10419	10419	guardianship. (Tex. Prob. Code, Secs. 891(c), (d).)
10420	10420	[Sections 1253.004-1253.050 reserved for expansion]
10421	10421	SUBCHAPTER B. RECEIPT AND ACCEPTANCE OF FOREIGN GUARDIANSHIP
10422	10422	Sec. 1253.051. APPLICATION FOR RECEIPT AND ACCEPTANCE OF
10423	10423	FOREIGN GUARDIANSHIP. A guardian appointed by a foreign court to
10424	10424	represent an incapacitated person who is residing in this state or
10425	10425	intends to move to this state may file an application with a court
10426	10426	in which the ward resides or intends to reside to have the
10427	10427	guardianship transferred to the court. (Tex. Prob. Code, Sec.
10428	10428	892(a).)
10429	10429	Sec. 1253.052. NOTICE OF APPLICATION. Notice of an
10430	10430	application for receipt and acceptance of a foreign guardianship
10431	10431	under this subchapter shall be:
10432	10432	(1) served personally on the ward; and
10433	10433	(2) given to the foreign court from which the
10434	10434	guardianship is to be transferred. (Tex. Prob. Code, Sec. 892(b).)
10435	10435	Sec. 1253.053. DETERMINATION REGARDING RECEIPT AND
10436	10436	ACCEPTANCE OF FOREIGN GUARDIANSHIP. (a) On the court's own motion
10437	10437	or on the motion of the ward or any interested person, the court
10438	10438	shall hold a hearing to consider an application for receipt and
10439	10439	acceptance of a foreign guardianship under this subchapter.
10440	10440	(b) In reviewing the application, the court should
10441	10441	determine:
10442	10442	(1) that the proposed guardianship is not a collateral
10443	10443	attack on an existing or proposed guardianship in another
10444	10444	jurisdiction in this or another state; and
10445	10445	(2) for a guardianship in which a court in one or more
10446	10446	states may have jurisdiction, that the application has been filed
10447	10447	in the court that is best suited to consider the matter.
10448	10448	(c) The court shall grant the application if the transfer of
10449	10449	the guardianship from the foreign jurisdiction is in the best
10450	10450	interests of the ward.
10451	10451	(d) In granting the application, the court shall give full
10452	10452	faith and credit to the provisions of the foreign guardianship
10453	10453	order concerning the determination of the ward's incapacity and the
10454	10454	rights, powers, and duties of the guardian.
10455	10455	(e) The court shall coordinate efforts with the appropriate
10456	10456	foreign court to facilitate the orderly transfer of the
10457	10457	guardianship. (Tex. Prob. Code, Secs. 892(d), (e), (f), (g).)
10458	10458	Sec. 1253.054. HEARING TO CONSIDER MODIFICATION. Not later
10459	10459	than the 90th day after the date a court grants an application for
10460	10460	receipt and acceptance of a foreign guardianship under this
10461	10461	subchapter, the court shall hold a hearing to consider modifying
10462	10462	the administrative procedures or requirements of the transferred
10463	10463	guardianship in accordance with local and state law. (Tex. Prob.
10464	10464	Code, Sec. 893.)
10465	10465	Sec. 1253.055. GUARDIANSHIP TRANSFER PROCEEDINGS FILED IN
10466	10466	TWO OR MORE COURTS. If an application for receipt and acceptance of
10467	10467	a foreign guardianship under this subchapter is filed in two or more
10468	10468	courts with jurisdiction, the proceeding shall be heard in the
10469	10469	court with jurisdiction over the application filed on the earliest
10470	10470	date, if venue is otherwise proper in that court. A court that does
10471	10471	not have venue to hear the application shall transfer the
10472	10472	proceeding to the proper court. (Tex. Prob. Code, Sec. 892(c).)
10473	10473	Sec. 1253.056. CONSTRUCTION WITH OTHER LAW. The denial of
10474	10474	an application for receipt and acceptance of a guardianship under
10475	10475	this subchapter does not affect the right of a guardian appointed by
10476	10476	a foreign court to file an application to be appointed guardian of
10477	10477	the incapacitated person under Section 1101.001. (Tex. Prob. Code,
10478	10478	Sec. 892(h).)
10479	10479	[Sections 1253.057-1253.100 reserved for expansion]
10480	10480	SUBCHAPTER C. GUARDIANSHIP PROCEEDINGS FILED IN THIS STATE AND IN
10481	10481	FOREIGN JURISDICTION
10482	10482	Sec. 1253.101. DELAY OF CERTAIN GUARDIANSHIP PROCEEDINGS.
10483	10483	A court in which a guardianship proceeding is filed and in which
10484	10484	venue of the proceeding is proper may delay further action in the
10485	10485	proceeding in that court if:
10486	10486	(1) another guardianship proceeding involving a
10487	10487	matter at issue in the proceeding filed in the court is subsequently
10488	10488	filed in a court in a foreign jurisdiction; and
10489	10489	(2) venue of the proceeding in the foreign court is
10490	10490	proper. (Tex. Prob. Code, Sec. 894(a).)
10491	10491	Sec. 1253.102. DETERMINATION OF VENUE; ACTION FOLLOWING
10492	10492	DETERMINATION. (a) A court that delays further action in a
10493	10493	guardianship proceeding under Section 1253.101 shall determine
10494	10494	whether venue of the proceeding is more suitable in that court or in
10495	10495	the foreign court.
10496	10496	(b) In making a determination under Subsection (a), the
10497	10497	court may consider:
10498	10498	(1) the interests of justice;
10499	10499	(2) the best interests of the ward or proposed ward;
10500	10500	and
10501	10501	(3) the convenience of the parties.
10502	10502	(c) The court shall resume the guardianship proceeding
10503	10503	delayed under Section 1253.101 if the court determines under this
10504	10504	section that venue is more suitable in that court. If the court
10505	10505	determines that venue is more suitable in the foreign court, the
10506	10506	court shall, with the consent of the foreign court, transfer the
10507	10507	proceeding to that foreign court. (Tex. Prob. Code, Secs. 894(b),
10508	10508	(d).)
10509	10509	Sec. 1253.103. NECESSARY ORDERS. A court that delays
10510	10510	further action in a guardianship proceeding under Section 1253.101
10511	10511	may issue any order the court considers necessary to protect the
10512	10512	proposed ward or the proposed ward's estate. (Tex. Prob. Code, Sec.
10513	10513	894(c).)
10514	10514	[Chapters 1254-1300 reserved for expansion]
10515	10515	CHAPTER 1301. MANAGEMENT TRUSTS
10516	10516	SUBCHAPTER A. GENERAL PROVISIONS
10517	10517	Sec. 1301.001. DEFINITION
10518	10518	Sec. 1301.002. APPLICABILITY OF TEXAS TRUST CODE
10519	10519	[Sections 1301.003-1301.050 reserved for expansion]
10520	10520	SUBCHAPTER B. CREATION OF MANAGEMENT TRUSTS
10521	10521	Sec. 1301.051. ELIGIBILITY TO APPLY FOR CREATION OF
10522	10522	TRUST
10523	10523	Sec. 1301.052. VENUE FOR PROCEEDING INVOLVING ALLEGED
10524	10524	INCAPACITATED PERSON
10525	10525	Sec. 1301.053. CREATION OF TRUST FOR WARD
10526	10526	Sec. 1301.054. CREATION OF TRUST FOR INCAPACITATED
10527	10527	PERSON WITHOUT GUARDIAN
10528	10528	Sec. 1301.055. AUTHORITY OF COURT TO APPOINT GUARDIAN
10529	10529	INSTEAD OF CREATING TRUST
10530	10530	Sec. 1301.056. CONTENTS OF ORDER CREATING TRUST
10531	10531	Sec. 1301.057. APPOINTMENT OF TRUSTEE
10532	10532	Sec. 1301.058. BOND REQUIREMENTS FOR TRUSTEES
10533	10533	[Sections 1301.059-1301.100 reserved for expansion]
10534	10534	SUBCHAPTER C. TERMS OF MANAGEMENT TRUST
10535	10535	Sec. 1301.101. REQUIRED TERMS
10536	10536	Sec. 1301.102. OPTIONAL TERMS
10537	10537	Sec. 1301.103. ENFORCEABILITY OF CERTAIN TERMS
10538	10538	[Sections 1301.104-1301.150 reserved for expansion]
10539	10539	SUBCHAPTER D. ADMINISTRATION OF MANAGEMENT TRUSTS
10540	10540	Sec. 1301.151. JURISDICTION OVER TRUST MATTERS
10541	10541	Sec. 1301.152. COURT'S AUTHORITY TO DISCHARGE GUARDIAN
10542	10542	OF ESTATE
10543	10543	Sec. 1301.153. INVESTMENT IN TEXAS TOMORROW FUND
10544	10544	Sec. 1301.154. ANNUAL ACCOUNTING
10545	10545	Sec. 1301.155. APPOINTMENT OF SUCCESSOR TRUSTEE
10546	10546	Sec. 1301.156. LIABILITY OF CERTAIN PERSONS FOR
10547	10547	CONDUCT OF TRUSTEE
10548	10548	[Sections 1301.157-1301.200 reserved for expansion]
10549	10549	SUBCHAPTER E. MODIFICATION, REVOCATION, OR TERMINATION OF
10550	10550	MANAGEMENT TRUSTS
10551	10551	Sec. 1301.201. MODIFICATION OR REVOCATION OF TRUST
10552	10552	Sec. 1301.202. TRANSFER TO POOLED TRUST SUBACCOUNT
10553	10553	Sec. 1301.203. TERMINATION OF TRUST
10554	10554	Sec. 1301.204. DISTRIBUTION OF TRUST PROPERTY
10555	10555	CHAPTER 1301. MANAGEMENT TRUSTS
10556	10556	SUBCHAPTER A. GENERAL PROVISIONS
10557	10557	Sec. 1301.001. DEFINITION. In this chapter, "management
10558	10558	trust" means a trust created under Section 1301.053 or 1301.054.
10559	10559	(New.)
10560	10560	Sec. 1301.002. APPLICABILITY OF TEXAS TRUST CODE. (a) A
10561	10561	management trust is subject to Subtitle B, Title 9, Property Code.
10562	10562	(b) To the extent of a conflict between Subtitle B, Title 9,
10563	10563	Property Code, and a provision of this chapter or of a management
10564	10564	trust, the provision of this chapter or of the trust controls.
10565	10565	(Tex. Prob. Code, Sec. 869B.)
10566	10566	[Sections 1301.003-1301.050 reserved for expansion]
10567	10567	SUBCHAPTER B. CREATION OF MANAGEMENT TRUSTS
10568	10568	Sec. 1301.051. ELIGIBILITY TO APPLY FOR CREATION OF TRUST.
10569	10569	The following persons may apply for the creation of a trust under
10570	10570	this subchapter:
10571	10571	(1) the guardian of a ward;
10572	10572	(2) an attorney ad litem or guardian ad litem
10573	10573	appointed to represent a ward or the ward's interests;
10574	10574	(3) a person interested in the welfare of an alleged
10575	10575	incapacitated person who does not have a guardian of the estate; or
10576	10576	(4) an attorney ad litem or guardian ad litem
10577	10577	appointed to represent:
10578	10578	(A) an alleged incapacitated person who does not
10579	10579	have a guardian; or
10580	10580	(B) the interests of a person described by
10581	10581	Paragraph (A). (Tex. Prob. Code, Sec. 867(a-1).)
10582	10582	Sec. 1301.052. VENUE FOR PROCEEDING INVOLVING ALLEGED
10583	10583	INCAPACITATED PERSON. (a) An application for the creation of a
10584	10584	trust under Section 1301.054 for an alleged incapacitated person
10585	10585	must be filed in the same court in which a proceeding for the
10586	10586	appointment of a guardian for the person is pending, if any.
10587	10587	(b) If a proceeding for the appointment of a guardian for an
10588	10588	alleged incapacitated person is not pending on the date an
10589	10589	application is filed for the creation of a trust under Section
10590	10590	1301.054 for the person, venue for a proceeding to create a trust
10591	10591	must be determined in the same manner as venue for a proceeding for
10592	10592	the appointment of a guardian is determined under Section 610.
10593	10593	(Tex. Prob. Code, Secs. 867(b-2), 867A.)
10594	10594	Sec. 1301.053. CREATION OF TRUST FOR WARD. (a) On
10595	10595	application by an appropriate person as provided by Section
10596	10596	1301.051, the court with jurisdiction over a guardianship may enter
10597	10597	an order that creates for the ward's benefit a trust for the
10598	10598	management of guardianship funds if the court finds that the
10599	10599	creation of the trust is in the ward's best interests.
10600	10600	(b) The court shall maintain a trust created under this
10601	10601	section under the same cause number as the guardianship proceeding.
10602	10602	(Tex. Prob. Code, Secs. 867(b), (f) (part).)
10603	10603	Sec. 1301.054. CREATION OF TRUST FOR INCAPACITATED PERSON
10604	10604	WITHOUT GUARDIAN. (a) On application by an appropriate person as
10605	10605	provided by Section 1301.051 and regardless of whether an
10606	10606	application for guardianship has been filed on the alleged
10607	10607	incapacitated person's behalf, a proper court exercising probate
10608	10608	jurisdiction may enter an order that creates a trust for the
10609	10609	management of the estate of an alleged incapacitated person who
10610	10610	does not have a guardian if the court, after a hearing, finds that:
10611	10611	(1) the person is an incapacitated person; and
10612	10612	(2) the creation of the trust is in the incapacitated
10613	10613	person's best interests.
10614	10614	(b) The court shall conduct the hearing to determine
10615	10615	incapacity under Subsection (a) using the same procedures and
10616	10616	evidentiary standards as are required in a hearing for the
10617	10617	appointment of a guardian for a proposed ward.
10618	10618	(c) The court shall appoint an attorney ad litem and, if
10619	10619	necessary, may appoint a guardian ad litem, to represent the
10620	10620	interests of the alleged incapacitated person in the hearing to
10621	10621	determine incapacity under Subsection (a).
10622	10622	(d) The court shall maintain a trust created under this
10623	10623	section under the same cause number as the guardianship proceeding,
10624	10624	if applicable. (Tex. Prob. Code, Secs. 867(b-1), (b-3), (f)
10625	10625	(part).)
10626	10626	Sec. 1301.055. AUTHORITY OF COURT TO APPOINT GUARDIAN
10627	10627	INSTEAD OF CREATING TRUST. If, after a hearing under Section
10628	10628	1301.054, the court finds that the person for whom the application
10629	10629	was filed is an incapacitated person but that it is not in the
10630	10630	person's best interests for the court to create a trust under this
10631	10631	subchapter for the person's estate, the court may appoint a
10632	10632	guardian of the person or estate, or both, for the incapacitated
10633	10633	person without commencing a separate proceeding for that purpose.
10634	10634	(Tex. Prob. Code, Sec. 867(b-4).)
10635	10635	Sec. 1301.056. CONTENTS OF ORDER CREATING TRUST. An order
10636	10636	creating a management trust must:
10637	10637	(1) direct a person holding property that belongs to
10638	10638	the ward or incapacitated person, as applicable, for whom the trust
10639	10639	is created or to which the ward or incapacitated person is entitled,
10640	10640	to deliver all or part of that property to the corporate fiduciary
10641	10641	or other person appointed as trustee of the trust; and
10642	10642	(2) include terms and limitations placed on the trust.
10643	10643	(Tex. Prob. Code, Sec. 867(f) (part).)
10644	10644	Sec. 1301.057. APPOINTMENT OF TRUSTEE. (a) In this
10645	10645	section, "financial institution" means a financial institution, as
10646	10646	defined by Section 201.101, Finance Code, that has trust powers and
10647	10647	exists and does business under the laws of this state, another
10648	10648	state, or the United States.
10649	10649	(b) Except as provided by Subsection (c), the court shall
10650	10650	appoint a financial institution to serve as trustee of a management
10651	10651	trust.
10652	10652	(c) The court may appoint a person or entity described by
10653	10653	Subsection (d) to serve as trustee of a management trust instead of
10654	10654	appointing a financial institution to serve in that capacity if the
10655	10655	court finds:
10656	10656	(1) that the appointment is in the best interests of
10657	10657	the ward or incapacitated person for whom the trust is created; and
10658	10658	(2) if the value of the trust's principal is more than
10659	10659	$150,000, that the applicant for the creation of the trust, after
10660	10660	the exercise of due diligence, has been unable to find a financial
10661	10661	institution in the geographic area willing to serve as trustee.
10662	10662	(d) The following are eligible for appointment as trustee
10663	10663	under Subsection (c):
10664	10664	(1) an individual, including an individual who is
10665	10665	certified as a private professional guardian;
10666	10666	(2) a nonprofit corporation qualified to serve as a
10667	10667	guardian; and
10668	10668	(3) a guardianship program. (Tex. Prob. Code, Secs.
10669	10669	867(a), (b-5), (c), (d), (e).)
10670	10670	Sec. 1301.058. BOND REQUIREMENTS FOR TRUSTEES. (a) A
10671	10671	trustee of a management trust that is a corporate fiduciary serves
10672	10672	without giving a bond in accordance with the trust terms required by
10673	10673	Section 1301.101(a)(4).
10674	10674	(b) The court shall require a person, other than a corporate
10675	10675	fiduciary, serving as trustee of a management trust to file with the
10676	10676	county clerk a bond that:
10677	10677	(1) is in an amount equal to the value of the trust's
10678	10678	principal and projected annual income; and
10679	10679	(2) meets the conditions the court determines are
10680	10680	necessary. (Tex. Prob. Code, Secs. 868(a) (part), 868B.)
10681	10681	[Sections 1301.059-1301.100 reserved for expansion]
10682	10682	SUBCHAPTER C. TERMS OF MANAGEMENT TRUST
10683	10683	Sec. 1301.101. REQUIRED TERMS. (a) Except as provided by
10684	10684	Subsection (c), a management trust must provide that:
10685	10685	(1) the ward or incapacitated person for whom the
10686	10686	trust is created is the sole beneficiary of the trust;
10687	10687	(2) the trustee may disburse an amount of the trust's
10688	10688	principal or income as the trustee determines is necessary to spend
10689	10689	for the health, education, maintenance, or support of the ward or
10690	10690	incapacitated person;
10691	10691	(3) the trust income that the trustee does not
10692	10692	disburse under Subdivision (2) must be added to the trust
10693	10693	principal;
10694	10694	(4) a trustee that is a corporate fiduciary serves
10695	10695	without giving a bond; and
10696	10696	(5) subject to the court's approval and Subsection
10697	10697	(b), the trustee is entitled to receive reasonable compensation for
10698	10698	services the trustee provides to the ward or incapacitated person
10699	10699	as trustee.
10700	10700	(b) A trustee's compensation under Subsection (a)(5) must
10701	10701	be:
10702	10702	(1) paid from the management trust's income,
10703	10703	principal, or both; and
10704	10704	(2) determined, paid, reduced, and eliminated in the
10705	10705	same manner as compensation of a guardian of an estate under
10706	10706	Subchapter A, Chapter 1155.
10707	10707	(c) The court creating or modifying a management trust may
10708	10708	omit or modify terms required by Subsection (a)(1) or (2) only if
10709	10709	the court determines that the omission or modification:
10710	10710	(1) is necessary and appropriate for the ward or
10711	10711	incapacitated person to be eligible to receive public benefits or
10712	10712	assistance under a state or federal program that is not otherwise
10713	10713	available to the ward or incapacitated person; and
10714	10714	(2) is in the ward's or incapacitated person's best
10715	10715	interests. (Tex. Prob. Code, Secs. 868(a), (d).)
10716	10716	Sec. 1301.102. OPTIONAL TERMS. (a) A management trust may
10717	10717	provide that the trustee make a distribution, payment, use, or
10718	10718	application of trust funds for the health, education, maintenance,
10719	10719	or support of the ward or incapacitated person for whom the trust is
10720	10720	created or of another person whom the ward or incapacitated person
10721	10721	is legally obligated to support:
10722	10722	(1) as necessary and without the intervention of:
10723	10723	(A) a guardian or other representative of the
10724	10724	ward; or
10725	10725	(B) a representative of the incapacitated
10726	10726	person; and
10727	10727	(2) to:
10728	10728	(A) the ward's guardian;
10729	10729	(B) a person who has physical custody of the ward
10730	10730	or incapacitated person or of another person whom the ward or
10731	10731	incapacitated person is legally obligated to support; or
10732	10732	(C) a person providing a good or service to the
10733	10733	ward or incapacitated person or to another person whom the ward or
10734	10734	incapacitated person is legally obligated to support.
10735	10735	(b) The court may include additional provisions in a
10736	10736	management trust on the trust's creation or modification under this
10737	10737	chapter if the court determines the addition does not conflict with
10738	10738	Section 1301.101. (Tex. Prob. Code, Secs. 868(b), (e).)
10739	10739	Sec. 1301.103. ENFORCEABILITY OF CERTAIN TERMS. A
10740	10740	provision in a management trust that relieves a trustee from a duty
10741	10741	or liability imposed by this chapter or Subtitle B, Title 9,
10742	10742	Property Code, is enforceable only if:
10743	10743	(1) the provision is limited to specific facts and
10744	10744	circumstances unique to the property of that trust and is not
10745	10745	applicable generally to the trust; and
10746	10746	(2) the court creating or modifying the trust makes a
10747	10747	specific finding that there is clear and convincing evidence that
10748	10748	the inclusion of the provision is in the best interests of the trust
10749	10749	beneficiary. (Tex. Prob. Code, Sec. 868(c).)
10750	10750	[Sections 1301.104-1301.150 reserved for expansion]
10751	10751	SUBCHAPTER D. ADMINISTRATION OF MANAGEMENT TRUSTS
10752	10752	Sec. 1301.151. JURISDICTION OVER TRUST MATTERS. A court
10753	10753	that creates a management trust has the same jurisdiction to hear
10754	10754	matters relating to the trust as the court has with respect to
10755	10755	guardianship and other matters covered by this title. (Tex. Prob.
10756	10756	Code, Sec. 869C.)
10757	10757	Sec. 1301.152. COURT'S AUTHORITY TO DISCHARGE GUARDIAN OF
10758	10758	ESTATE. On or at any time after the creation of a management trust,
10759	10759	the court may discharge the guardian of the ward's estate if the
10760	10760	court determines that the discharge is in the ward's best
10761	10761	interests. (Tex. Prob. Code, Sec. 868A.)
10762	10762	Sec. 1301.153. INVESTMENT IN TEXAS TOMORROW FUND. The
10763	10763	trustee of a management trust may invest trust funds in the Texas
10764	10764	tomorrow fund established by Subchapter F, Chapter 54, Education
10765	10765	Code, if the trustee determines that investment is in the best
10766	10766	interest of the ward or incapacitated person for whom the trust is
10767	10767	created. (Tex. Prob. Code, Sec. 868(f).)
10768	10768	Sec. 1301.154. ANNUAL ACCOUNTING. (a) The trustee of a
10769	10769	management trust shall prepare and file with the court an annual
10770	10770	accounting of transactions in the trust in the same manner and form
10771	10771	that is required of a guardian under this title.
10772	10772	(b) The trustee of a management trust created for a ward
10773	10773	shall provide a copy of the annual account to the guardian of the
10774	10774	ward's estate or person.
10775	10775	(c) The annual account is subject to court review and
10776	10776	approval in the same manner that is required of an annual account
10777	10777	prepared by a guardian under this title. (Tex. Prob. Code, Sec.
10778	10778	871.)
10779	10779	Sec. 1301.155. APPOINTMENT OF SUCCESSOR TRUSTEE. The court
10780	10780	may appoint a successor trustee if the trustee of a management trust
10781	10781	resigns, becomes ineligible, or is removed. (Tex. Prob. Code, Sec.
10782	10782	869A.)
10783	10783	Sec. 1301.156. LIABILITY OF CERTAIN PERSONS FOR CONDUCT OF
10784	10784	TRUSTEE. The guardian of the person or of the estate of a ward for
10785	10785	whom a management trust is created or the surety on the guardian's
10786	10786	bond is not liable for an act or omission of the trustee of the
10787	10787	trust. (Tex. Prob. Code, Sec. 872.)
10788	10788	[Sections 1301.157-1301.200 reserved for expansion]
10789	10789	SUBCHAPTER E. MODIFICATION, REVOCATION, OR TERMINATION OF
10790	10790	MANAGEMENT TRUSTS
10791	10791	Sec. 1301.201. MODIFICATION OR REVOCATION OF TRUST. (a)
10792	10792	The court may modify or revoke a management trust at any time before
10793	10793	the date of the trust's termination.
10794	10794	(b) The following may not revoke a management trust:
10795	10795	(1) the ward for whom the trust is created or the
10796	10796	guardian of the ward's estate; or
10797	10797	(2) the incapacitated person for whom the trust is
10798	10798	created. (Tex. Prob. Code, Sec. 869.)
10799	10799	Sec. 1301.202. TRANSFER TO POOLED TRUST SUBACCOUNT. (a) If
10800	10800	the court determines that it is in the best interests of a ward or
10801	10801	incapacitated person for whom a management trust is created, the
10802	10802	court may order the transfer of all property in the management trust
10803	10803	to a pooled trust subaccount established in accordance with Chapter
10804	10804	1302.
10805	10805	(b) The transfer of property from the management trust to
10806	10806	the pooled trust subaccount shall be treated as a continuation of
10807	10807	the management trust and may not be treated as the establishment of
10808	10808	a new trust for purposes of 42 U.S.C. Section 1396p(d)(4)(A) or (C)
10809	10809	or otherwise for purposes of the ward's or incapacitated person's
10810	10810	eligibility for medical assistance under Chapter 32, Human
10811	10811	Resources Code.
10812	10812	(c) The court may not allow termination of the management
10813	10813	trust from which property is transferred under this section until
10814	10814	all of the property in the management trust has been transferred to
10815	10815	the pooled trust subaccount. (Tex. Prob. Code, Sec. 868C.)
10816	10816	Sec. 1301.203. TERMINATION OF TRUST. (a) If the ward or
10817	10817	incapacitated person for whom a management trust is created is a
10818	10818	minor, the trust terminates on:
10819	10819	(1) the earlier of:
10820	10820	(A) the ward's or incapacitated person's death;
10821	10821	or
10822	10822	(B) the ward's or incapacitated person's 18th
10823	10823	birthday; or
10824	10824	(2) the date provided by court order, which may not be
10825	10825	later than the ward's or incapacitated person's 25th birthday.
10826	10826	(b) If the ward or incapacitated person for whom a
10827	10827	management trust is created is not a minor, the trust terminates on:
10828	10828	(1) the date the court determines that continuing the
10829	10829	trust is no longer in the ward's or incapacitated person's best
10830	10830	interests, subject to Section 1301.202(c); or
10831	10831	(2) the ward's or incapacitated person's death. (Tex.
10832	10832	Prob. Code, Sec. 870.)
10833	10833	Sec. 1301.204. DISTRIBUTION OF TRUST PROPERTY. Unless
10834	10834	otherwise provided by the court, the trustee of a management trust
10835	10835	shall:
10836	10836	(1) prepare a final account in the same form and manner
10837	10837	that is required of a guardian under Sections 1204.101 and
10838	10838	1204.102; and
10839	10839	(2) on court approval, distribute the principal or any
10840	10840	undistributed income of the trust to:
10841	10841	(A) the ward or incapacitated person when the
10842	10842	trust terminates on the trust's own terms;
10843	10843	(B) the successor trustee on appointment of a
10844	10844	successor trustee; or
10845	10845	(C) the representative of the deceased ward's or
10846	10846	incapacitated person's estate on the ward's or incapacitated person's death. (Tex. Prob. Code, Sec. 873.)
10847	10847	CHAPTER 1302. POOLED TRUST SUBACCOUNTS
10848	10848	Sec. 1302.001. DEFINITIONS
10849	10849	Sec. 1302.002. APPLICATION TO ESTABLISH SUBACCOUNT
10850	10850	Sec. 1302.003. APPOINTMENT OF ATTORNEY AD LITEM
10851	10851	Sec. 1302.004. ESTABLISHMENT OF SUBACCOUNT
10852	10852	Sec. 1302.005. TERMS OF SUBACCOUNT
10853	10853	Sec. 1302.006. FEES AND REPORTING
10854	10854	Sec. 1302.007. JURISDICTION EXCLUSIVE
10855	10855	CHAPTER 1302. POOLED TRUST SUBACCOUNTS
10856	10856	Sec. 1302.001. DEFINITIONS. In this chapter:
10857	10857	(1) "Beneficiary" means a person for whom a subaccount
10858	10858	is established.
10859	10859	(2) "Medical assistance" means benefits and services
10860	10860	under the medical assistance program administered under Chapter 32,
10861	10861	Human Resources Code.
10862	10862	(3) "Pooled trust" means a trust that meets the
10863	10863	requirements of 42 U.S.C. Section 1396p(d)(4)(C) for purposes of
10864	10864	exempting the trust from the applicability of 42 U.S.C. Section
10865	10865	1396p(d) in determining the eligibility of a person who is disabled
10866	10866	for medical assistance.
10867	10867	(4) "Subaccount" means an account in a pooled trust
10868	10868	established solely for the benefit of a beneficiary. (Tex. Prob.
10869	10869	Code, Sec. 910.)
10870	10870	Sec. 1302.002. APPLICATION TO ESTABLISH SUBACCOUNT. A
10871	10871	person interested in the welfare of a minor, a disabled person, or
10872	10872	any other incapacitated person may apply to the court for the
10873	10873	establishment of a subaccount for the benefit of the minor,
10874	10874	disabled person, or other incapacitated person as the beneficiary.
10875	10875	(Tex. Prob. Code, Sec. 911.)
10876	10876	Sec. 1302.003. APPOINTMENT OF ATTORNEY AD LITEM. (a) The
10877	10877	court shall appoint an attorney ad litem for a person who is a minor
10878	10878	or has a mental disability and who is the subject of an application
10879	10879	under Section 1302.002.
10880	10880	(b) The attorney ad litem is entitled to a reasonable fee
10881	10881	and reimbursement of expenses to be paid from the person's
10882	10882	property. (Tex. Prob. Code, Sec. 912.)
10883	10883	Sec. 1302.004. ESTABLISHMENT OF SUBACCOUNT. If the court
10884	10884	finds that it is in the best interests of a person who is the subject
10885	10885	of an application under Section 1302.002, the court may order:
10886	10886	(1) the establishment of a subaccount of which the
10887	10887	person is the beneficiary; and
10888	10888	(2) the transfer to the subaccount of any of the
10889	10889	person's property on hand or accruing to the person. (Tex. Prob.
10890	10890	Code, Sec. 913.)
10891	10891	Sec. 1302.005. TERMS OF SUBACCOUNT. Unless the court
10892	10892	orders otherwise, the terms governing the subaccount must provide
10893	10893	that:
10894	10894	(1) the subaccount terminates on the earliest of the
10895	10895	date of:
10896	10896	(A) the beneficiary's 18th birthday, if the
10897	10897	beneficiary is not disabled on that date and was a minor at the time
10898	10898	the subaccount was established;
10899	10899	(B) the beneficiary's death; or
10900	10900	(C) a court order terminating the subaccount;
10901	10901	and
10902	10902	(2) on termination, any property remaining in the
10903	10903	beneficiary's subaccount after making any required payments to
10904	10904	satisfy the amounts of medical assistance reimbursement claims for
10905	10905	medical assistance provided to the beneficiary under this state's
10906	10906	medical assistance program and other states' medical assistance
10907	10907	programs shall be distributed to:
10908	10908	(A) the beneficiary, if on the date of
10909	10909	termination the beneficiary is living and is not incapacitated;
10910	10910	(B) the beneficiary's guardian, if on the date of
10911	10911	termination the beneficiary is living and is incapacitated; or
10912	10912	(C) the personal representative of the
10913	10913	beneficiary's estate, if on the date of termination the beneficiary
10914	10914	is deceased. (Tex. Prob. Code, Sec. 914.)
10915	10915	Sec. 1302.006. FEES AND REPORTING. (a) The manager or
10916	10916	trustee of a pooled trust may:
10917	10917	(1) assess fees against a subaccount of that pooled
10918	10918	trust that is established under this chapter, in accordance with
10919	10919	the manager's or trustee's standard fee structure; and
10920	10920	(2) pay fees assessed under Subdivision (1) from the
10921	10921	subaccount.
10922	10922	(b) If required by the court, the manager or trustee of the
10923	10923	pooled trust shall file a copy of the annual report of account with
10924	10924	the court clerk. (Tex. Prob. Code, Sec. 916.)
10925	10925	Sec. 1302.007. JURISDICTION EXCLUSIVE. Notwithstanding
10926	10926	any other law, the court that orders the establishment of a
10927	10927	subaccount for a beneficiary has exclusive jurisdiction of a
10928	10928	subsequent proceeding or action that relates to both the
10929	10929	beneficiary and the subaccount, and the proceeding or action may be
10930	10930	brought only in that court. (Tex. Prob. Code, Sec. 915.)
10931	10931	[Chapters 1303-1350 reserved for expansion]
10932	10932	SUBTITLE I. OTHER SPECIAL PROCEEDINGS AND ALTERNATIVES TO
10933	10933	GUARDIANSHIP
10934	10934	CHAPTER 1351. SALE OF PROPERTY OF CERTAIN INCAPACITATED PERSONS
10935	10935	SUBCHAPTER A. SALE OF MINOR'S INTEREST IN PROPERTY WITHOUT
10936	10936	GUARDIANSHIP
10937	10937	Sec. 1351.001. AUTHORITY TO SELL MINOR'S INTEREST IN
10938	10938	PROPERTY WITHOUT GUARDIANSHIP
10939	10939	Sec. 1351.002. APPLICATION; VENUE
10940	10940	Sec. 1351.003. HEARING; REQUIREMENTS FOR SALE
10941	10941	Sec. 1351.004. PAYMENT OF SALE PROCEEDS INTO COURT
10942	10942	REGISTRY
10943	10943	Sec. 1351.005. WITHDRAWAL OF SALE PROCEEDS FROM
10944	10944	REGISTRY NOT PROHIBITED
10945	10945	Sec. 1351.006. DISAFFIRMATION OF SALE PROHIBITED
10946	10946	[Sections 1351.007-1351.050 reserved for expansion]
10947	10947	SUBCHAPTER B. SALE OF WARD'S PROPERTY WITHOUT GUARDIANSHIP OF THE
10948	10948	ESTATE
10949	10949	Sec. 1351.051. APPLICABILITY OF SUBCHAPTER
10950	10950	Sec. 1351.052. AUTHORITY TO SELL WARD'S INTEREST IN
10951	10951	PROPERTY WITHOUT APPOINTMENT AS
10952	10952	GUARDIAN OF THE ESTATE
10953	10953	Sec. 1351.053. APPLICATION; VENUE
10954	10954	Sec. 1351.054. HEARING
10955	10955	Sec. 1351.055. PAYMENT OF SALE PROCEEDS INTO COURT
10956	10956	REGISTRY
10957	10957	Sec. 1351.056. WITHDRAWAL OF SALE PROCEEDS FROM
10958	10958	REGISTRY NOT PROHIBITED
10959	10959	Sec. 1351.057. DISAFFIRMATION OF SALE PROHIBITED
10960	10960	CHAPTER 1351. SALE OF PROPERTY OF CERTAIN INCAPACITATED PERSONS
10961	10961	SUBCHAPTER A. SALE OF MINOR'S INTEREST IN PROPERTY WITHOUT
10962	10962	GUARDIANSHIP
10963	10963	Sec. 1351.001. AUTHORITY TO SELL MINOR'S INTEREST IN
10964	10964	PROPERTY WITHOUT GUARDIANSHIP. A parent or managing conservator of
10965	10965	a minor who is not a ward may apply to the court under this
10966	10966	subchapter for an order to sell an interest of the minor in property
10967	10967	without being appointed guardian if the net value of the interest
10968	10968	does not exceed $100,000. (Tex. Prob. Code, Sec. 889(a) (part).)
10969	10969	Sec. 1351.002. APPLICATION; VENUE. (a) A parent or
10970	10970	managing conservator shall apply to the court under oath for the
10971	10971	sale of property under this subchapter.
10972	10972	(b) An application must contain:
10973	10973	(1) the minor's name;
10974	10974	(2) a legal description of the real property or a
10975	10975	description that identifies the personal property, as applicable;
10976	10976	(3) the minor's interest in the property;
10977	10977	(4) the purchaser's name;
10978	10978	(5) a statement that the sale of the minor's interest
10979	10979	in the property is for cash; and
10980	10980	(6) a statement that all money received by the parent
10981	10981	or managing conservator shall be used for the minor's use and
10982	10982	benefit.
10983	10983	(c) Venue for the application is the same as venue for an
10984	10984	application for the appointment of a guardian for a minor. (Tex.
10985	10985	Prob. Code, Sec. 889(b).)
10986	10986	Sec. 1351.003. HEARING; REQUIREMENTS FOR SALE. (a) On
10987	10987	receipt of an application under this subchapter, the court shall
10988	10988	set the application for hearing on a date not earlier than five days
10989	10989	from the date the application was filed.
10990	10990	(b) The court may cause citation to be issued if the court
10991	10991	considers citation necessary.
10992	10992	(c) At the time of the hearing, the court shall order the
10993	10993	sale of the property if the court is satisfied from the evidence
10994	10994	that the sale is in the minor's best interests. The court may
10995	10995	require an independent appraisal of the property to be sold to
10996	10996	establish the minimum sale price. (Tex. Prob. Code, Secs. 889(c),
10997	10997	(d).)
10998	10998	Sec. 1351.004. PAYMENT OF SALE PROCEEDS INTO COURT
10999	10999	REGISTRY. If the court enters an order of sale of property as
11000	11000	provided by this subchapter, the purchaser of the property shall
11001	11001	pay the proceeds of the sale belonging to the minor into the court
11002	11002	registry. (Tex. Prob. Code, Sec. 889(e).)
11003	11003	Sec. 1351.005. WITHDRAWAL OF SALE PROCEEDS FROM REGISTRY
11004	11004	NOT PROHIBITED. This subchapter does not prevent the sale proceeds
11005	11005	deposited into the court registry under Section 1351.004 from being
11006	11006	withdrawn from the court registry under Chapter 1355. (Tex. Prob.
11007	11007	Code, Sec. 889(f).)
11008	11008	Sec. 1351.006. DISAFFIRMATION OF SALE PROHIBITED. A minor
11009	11009	may not disaffirm a sale of property made in accordance with a court
11010	11010	order under this subchapter. (Tex. Prob. Code, Sec. 889(a)
11011	11011	(part).)
11012	11012	[Sections 1351.007-1351.050 reserved for expansion]
11013	11013	SUBCHAPTER B. SALE OF WARD'S PROPERTY WITHOUT GUARDIANSHIP OF THE
11014	11014	ESTATE
11015	11015	Sec. 1351.051. APPLICABILITY OF SUBCHAPTER. This
11016	11016	subchapter applies only to a ward who has a guardian of the person
11017	11017	but does not have a guardian of the estate. (Tex. Prob. Code, Sec.
11018	11018	890(a).)
11019	11019	Sec. 1351.052. AUTHORITY TO SELL WARD'S INTEREST IN
11020	11020	PROPERTY WITHOUT APPOINTMENT AS GUARDIAN OF THE ESTATE. A guardian
11021	11021	of the person of a ward may apply to the court under this subchapter
11022	11022	for an order to sell an interest in property in the ward's estate
11023	11023	without being appointed guardian of the ward's estate if the net
11024	11024	value of the interest does not exceed $100,000. (Tex. Prob. Code,
11025	11025	Sec. 890(b) (part).)
11026	11026	Sec. 1351.053. APPLICATION; VENUE. (a) An application
11027	11027	under this subchapter must:
11028	11028	(1) be under oath; and
11029	11029	(2) contain the information required by Section
11030	11030	1351.002(b).
11031	11031	(b) For purposes of Subsection (a)(2), references in
11032	11032	Section 1351.002(b) to:
11033	11033	(1) "minor" are replaced with references to "ward";
11034	11034	and
11035	11035	(2) "parent or managing conservator" are replaced with
11036	11036	references to "guardian of the person."
11037	11037	(c) Venue for the application is the same as venue for an
11038	11038	application for the appointment of a guardian for the ward. (Tex.
11039	11039	Prob. Code, Secs. 890(b) (part), (c); New.)
11040	11040	Sec. 1351.054. HEARING. (a) On receipt of an application
11041	11041	under this subchapter, the court shall set the application for
11042	11042	hearing on a date not earlier than five days from the date the
11043	11043	application was filed.
11044	11044	(b) The court may cause citation to be issued if the court
11045	11045	considers citation necessary.
11046	11046	(c) The procedures and evidentiary requirements for the
11047	11047	hearing are the same as the procedures and evidentiary requirements
11048	11048	for a hearing of an application filed under Subchapter A. (Tex.
11049	11049	Prob. Code, Secs. 890(d), (e).)
11050	11050	Sec. 1351.055. PAYMENT OF SALE PROCEEDS INTO COURT
11051	11051	REGISTRY. If the court enters an order of sale of property as
11052	11052	provided by this subchapter, the purchaser of the property shall
11053	11053	pay the proceeds of the sale belonging to the ward into the court
11054	11054	registry. (Tex. Prob. Code, Sec. 890(f).)
11055	11055	Sec. 1351.056. WITHDRAWAL OF SALE PROCEEDS FROM REGISTRY
11056	11056	NOT PROHIBITED. This subchapter does not prevent the sale proceeds
11057	11057	deposited into the court registry under Section 1351.055 from being
11058	11058	withdrawn from the court registry under Chapter 1355. (Tex. Prob.
11059	11059	Code, Sec. 890(g).)
11060	11060	Sec. 1351.057. DISAFFIRMATION OF SALE PROHIBITED. A ward
11061	11061	may not disaffirm a sale of property made in accordance with a court
11062	11062	order under this subchapter. (Tex. Prob. Code, Sec. 890(b) (part).)
11063	11063	CHAPTER 1352. MORTGAGE OF MINOR'S INTEREST IN RESIDENCE HOMESTEAD
11064	11064	SUBCHAPTER A. GENERAL PROVISIONS
11065	11065	Sec. 1352.001. DEFINITIONS
11066	11066	[Sections 1352.002-1352.050 reserved for expansion]
11067	11067	SUBCHAPTER B. MORTGAGE OF MINOR'S INTEREST WITHOUT GUARDIANSHIP
11068	11068	Sec. 1352.051. APPLICABILITY OF SUBCHAPTER
11069	11069	Sec. 1352.052. AUTHORITY TO MORTGAGE MINOR'S INTEREST
11070	11070	WITHOUT GUARDIANSHIP
11071	11071	Sec. 1352.053. APPLICATION; VENUE
11072	11072	Sec. 1352.054. HEARING; REQUIREMENTS TO MORTGAGE
11073	11073	MINOR'S INTEREST
11074	11074	Sec. 1352.055. SURETY BOND; DISCHARGE OF SURETIES
11075	11075	Sec. 1352.056. USE OF PROCEEDS
11076	11076	Sec. 1352.057. ANNUAL REPORT
11077	11077	Sec. 1352.058. SWORN REPORT OF EXPENDITURES
11078	11078	Sec. 1352.059. DISAFFIRMATION OF HOME EQUITY LOAN
11079	11079	PROHIBITED
11080	11080	[Sections 1352.060-1352.100 reserved for expansion]
11081	11081	SUBCHAPTER C. MORTGAGE OF MINOR WARD'S INTEREST WITHOUT
11082	11082	GUARDIANSHIP OF THE ESTATE
11083	11083	Sec. 1352.101. APPLICABILITY OF SUBCHAPTER
11084	11084	Sec. 1352.102. AUTHORITY TO MORTGAGE MINOR WARD'S
11085	11085	INTEREST WITHOUT GUARDIANSHIP OF THE
11086	11086	ESTATE
11087	11087	Sec. 1352.103. APPLICATION; VENUE
11088	11088	Sec. 1352.104. HEARING; REQUIREMENTS TO MORTGAGE MINOR
11089	11089	WARD'S INTEREST
11090	11090	Sec. 1352.105. SURETY BOND; DISCHARGE OF SURETIES
11091	11091	Sec. 1352.106. USE OF PROCEEDS
11092	11092	Sec. 1352.107. ANNUAL ACCOUNTING
11093	11093	Sec. 1352.108. DISAFFIRMATION OF HOME EQUITY LOAN
11094	11094	PROHIBITED
11095	11095	CHAPTER 1352. MORTGAGE OF MINOR'S INTEREST IN RESIDENCE HOMESTEAD
11096	11096	SUBCHAPTER A. GENERAL PROVISIONS
11097	11097	Sec. 1352.001. DEFINITIONS. In this chapter:
11098	11098	(1) "Home equity loan" means a loan made under Section
11099	11099	50(a)(6), Article XVI, Texas Constitution.
11100	11100	(2) "Residence homestead" has the meaning assigned by
11101	11101	Section 11.13, Tax Code. (Tex. Prob. Code, Secs. 889A(a),
11102	11102	890A(a).)
11103	11103	[Sections 1352.002-1352.050 reserved for expansion]
11104	11104	SUBCHAPTER B. MORTGAGE OF MINOR'S INTEREST WITHOUT GUARDIANSHIP
11105	11105	Sec. 1352.051. APPLICABILITY OF SUBCHAPTER. This
11106	11106	subchapter applies only to a minor who:
11107	11107	(1) is not a ward; and
11108	11108	(2) has an interest in a residence homestead. (Tex.
11109	11109	Prob. Code, Sec. 889A(b) (part).)
11110	11110	Sec. 1352.052. AUTHORITY TO MORTGAGE MINOR'S INTEREST
11111	11111	WITHOUT GUARDIANSHIP. (a) If the net value of a minor's interest
11112	11112	in a residence homestead does not exceed $100,000, a parent,
11113	11113	subject to Subsection (b), or managing conservator of the minor may
11114	11114	apply to the court under this subchapter for an order authorizing
11115	11115	the parent or managing conservator to receive on the minor's
11116	11116	behalf, without being appointed guardian, an extension of credit
11117	11117	that is secured wholly or partly by a lien on the homestead.
11118	11118	(b) A parent of a minor may file an application under this
11119	11119	subchapter only if the parent has a homestead interest in the
11120	11120	property that is the subject of the application. (Tex. Prob. Code,
11121	11121	Secs. 889A(b) (part), (j).)
11122	11122	Sec. 1352.053. APPLICATION; VENUE. (a) A parent or
11123	11123	managing conservator shall apply to the court under oath for the
11124	11124	authority to encumber the residence homestead as provided by this
11125	11125	subchapter.
11126	11126	(b) The application must contain:
11127	11127	(1) the minor's name and address;
11128	11128	(2) a legal description of the property constituting
11129	11129	the homestead;
11130	11130	(3) a description of the minor's ownership interest in
11131	11131	the property constituting the homestead;
11132	11132	(4) the fair market value of the property constituting
11133	11133	the homestead;
11134	11134	(5) the amount of the home equity loan;
11135	11135	(6) the purpose or purposes for which the home equity
11136	11136	loan is being sought;
11137	11137	(7) a detailed description of the proposed expenditure
11138	11138	of the loan proceeds to be received by the parent or managing
11139	11139	conservator on the minor's behalf; and
11140	11140	(8) a statement that all loan proceeds received by the
11141	11141	parent or managing conservator on the minor's behalf through a home
11142	11142	equity loan authorized under this subchapter shall be used in a
11143	11143	manner that is for the minor's benefit.
11144	11144	(c) Venue for the application is the same as venue for an
11145	11145	application for the appointment of a guardian for a minor. (Tex.
11146	11146	Prob. Code, Sec. 889A(c).)
11147	11147	Sec. 1352.054. HEARING; REQUIREMENTS TO MORTGAGE MINOR'S
11148	11148	INTEREST. (a) On receipt of an application under this subchapter,
11149	11149	the court shall set the application for hearing on a date not
11150	11150	earlier than the fifth day after the date the application is filed.
11151	11151	(b) The court may cause citation to be issued if the court
11152	11152	considers citation necessary.
11153	11153	(c) At the time of the hearing, the court, on approval of the
11154	11154	surety bond required by Section 1352.055, shall authorize the
11155	11155	parent or managing conservator to receive the extension of credit
11156	11156	sought in the application if the court is satisfied from a
11157	11157	preponderance of the evidence that the encumbrance is:
11158	11158	(1) for a purpose described by Section 1352.056(1) or
11159	11159	(2); and
11160	11160	(2) in the minor's best interests. (Tex. Prob. Code,
11161	11161	Secs. 889A(d), (f).)
11162	11162	Sec. 1352.055. SURETY BOND; DISCHARGE OF SURETIES. (a)
11163	11163	Before a hearing under Section 1352.054 is held, the parent or
11164	11164	managing conservator shall file with the county clerk a surety
11165	11165	bond. The bond must be:
11166	11166	(1) in an amount at least equal to two times the amount
11167	11167	of the proposed home equity loan;
11168	11168	(2) payable to and approved by the court; and
11169	11169	(3) conditioned on the parent or managing conservator:
11170	11170	(A) using the proceeds of the home equity loan
11171	11171	attributable to the minor's interest solely for the purposes
11172	11172	authorized by Section 1352.056; and
11173	11173	(B) making payments on the minor's behalf toward
11174	11174	the outstanding balance of the home equity loan.
11175	11175	(b) After the first anniversary of the date a parent or
11176	11176	managing conservator executes a home equity loan authorized under
11177	11177	this subchapter, the court may, on motion of the borrower, reduce
11178	11178	the amount of the surety bond required under this section to an
11179	11179	amount that is not less than the loan's outstanding balance.
11180	11180	(c) The court may not discharge the person's sureties from
11181	11181	all further liability under a surety bond until the court:
11182	11182	(1) approves the filing of the parent's or managing
11183	11183	conservator's reports required under Sections 1352.057 and
11184	11184	1352.058;
11185	11185	(2) finds that the parent or managing conservator used
11186	11186	loan proceeds resulting from the minor's interest solely for the
11187	11187	purposes authorized by Section 1352.056; and
11188	11188	(3) is presented with satisfactory evidence that the
11189	11189	home equity loan has been repaid and is no longer considered an
11190	11190	outstanding obligation. (Tex. Prob. Code, Secs. 889A(e), (h),
11191	11191	(i).)
11192	11192	Sec. 1352.056. USE OF PROCEEDS. Proceeds of a home equity
11193	11193	loan that is the subject of an application under Section 1352.053
11194	11194	that are attributable to the minor's interest may be spent only to:
11195	11195	(1) make improvements to the homestead;
11196	11196	(2) pay for the minor's education or medical expenses;
11197	11197	or
11198	11198	(3) pay the loan's outstanding balance. (Tex. Prob.
11199	11199	Code, Sec. 889A(b) (part).)
11200	11200	Sec. 1352.057. ANNUAL REPORT. A parent or managing
11201	11201	conservator executing a home equity loan on a minor's behalf under
11202	11202	this subchapter shall file an annual report with the court
11203	11203	regarding the transaction. (Tex. Prob. Code, Sec. 889A(g) (part).)
11204	11204	Sec. 1352.058. SWORN REPORT OF EXPENDITURES. When the
11205	11205	parent or managing conservator has spent the proceeds of a home
11206	11206	equity loan authorized under this subchapter, the parent or
11207	11207	managing conservator shall file with the county clerk a sworn
11208	11208	report accounting for the proceeds. (Tex. Prob. Code, Sec. 889A(g)
11209	11209	(part).)
11210	11210	Sec. 1352.059. DISAFFIRMATION OF HOME EQUITY LOAN
11211	11211	PROHIBITED. A minor may not disaffirm a home equity loan authorized
11212	11212	by the court under this subchapter. (Tex. Prob. Code, Sec.
11213	11213	889A(k).)
11214	11214	[Sections 1352.060-1352.100 reserved for expansion]
11215	11215	SUBCHAPTER C. MORTGAGE OF MINOR WARD'S INTEREST WITHOUT
11216	11216	GUARDIANSHIP OF THE ESTATE
11217	11217	Sec. 1352.101. APPLICABILITY OF SUBCHAPTER. This
11218	11218	subchapter applies only to a minor ward who:
11219	11219	(1) has a guardian of the person but does not have a
11220	11220	guardian of the estate; and
11221	11221	(2) has an interest in a residence homestead. (Tex.
11222	11222	Prob. Code, Secs. 890A(b), (c) (part).)
11223	11223	Sec. 1352.102. AUTHORITY TO MORTGAGE MINOR WARD'S INTEREST
11224	11224	WITHOUT GUARDIANSHIP OF THE ESTATE. If the net value of a minor
11225	11225	ward's interest in a residence homestead does not exceed $100,000,
11226	11226	the guardian of the person of the ward may apply to the court under
11227	11227	this subchapter for an order authorizing the guardian to receive on
11228	11228	the ward's behalf an extension of credit that is secured wholly or
11229	11229	partly by a lien on the homestead. (Tex. Prob. Code, Sec. 890A(c)
11230	11230	(part).)
11231	11231	Sec. 1352.103. APPLICATION; VENUE. (a) An application
11232	11232	under this subchapter must contain the information required by
11233	11233	Section 1352.053(b).
11234	11234	(b) For purposes of Subsection (a), references in Section
11235	11235	1352.053(b) to "parent or managing conservator" are replaced with
11236	11236	references to "guardian of the person."
11237	11237	(c) Venue for the application is the same as venue for an
11238	11238	application for the appointment of a guardian for a ward. (Tex.
11239	11239	Prob. Code, Sec. 890A(d); New.)
11240	11240	Sec. 1352.104. HEARING; REQUIREMENTS TO MORTGAGE MINOR
11241	11241	WARD'S INTEREST. (a) On receipt of an application under this
11242	11242	subchapter, the court shall set the application for hearing on a
11243	11243	date not earlier than the fifth day after the date the application
11244	11244	is filed.
11245	11245	(b) The court may cause citation to be issued if the court
11246	11246	considers citation necessary.
11247	11247	(c) The procedures and evidentiary requirements for a
11248	11248	hearing of an application filed under this subchapter are the same
11249	11249	as the procedures and evidentiary requirements for a hearing of an
11250	11250	application filed under Subchapter B.
11251	11251	(d) At the time of the hearing, the court, on approval of the
11252	11252	surety bond required by Section 1352.105, shall authorize the
11253	11253	guardian to receive the extension of credit sought in the
11254	11254	application if the court is satisfied from a preponderance of the
11255	11255	evidence that the encumbrance is:
11256	11256	(1) for a purpose described by Section 1352.106(1) or
11257	11257	(2); and
11258	11258	(2) in the minor ward's best interests. (Tex. Prob.
11259	11259	Code, Secs. 890A(e), (g), (h).)
11260	11260	Sec. 1352.105. SURETY BOND; DISCHARGE OF SURETIES. (a)
11261	11261	Before a hearing under Section 1352.104 is held, the guardian of the
11262	11262	person shall file a surety bond with the county clerk to the same
11263	11263	extent and in the same manner as a parent or managing conservator of
11264	11264	a minor is required to file a surety bond under Section 1352.055.
11265	11265	(b) The court may not discharge the guardian's sureties from
11266	11266	all further liability under a bond required by this section or
11267	11267	another provision of this title until the court:
11268	11268	(1) finds that the guardian used loan proceeds
11269	11269	resulting from the minor ward's interest solely for the purposes
11270	11270	authorized by Section 1352.106; and
11271	11271	(2) is presented with satisfactory evidence that the
11272	11272	home equity loan has been repaid and is no longer considered an
11273	11273	outstanding obligation. (Tex. Prob. Code, Secs. 890A(f), (j).)
11274	11274	Sec. 1352.106. USE OF PROCEEDS. Proceeds of a home equity
11275	11275	loan that is the subject of an application under Section 1352.102
11276	11276	that are attributable to the minor ward's interest may be spent only
11277	11277	to:
11278	11278	(1) make improvements to the homestead;
11279	11279	(2) pay for the ward's education or maintenance
11280	11280	expenses; or
11281	11281	(3) pay the loan's outstanding balance. (Tex. Prob.
11282	11282	Code, Sec. 890A(c) (part).)
11283	11283	Sec. 1352.107. ANNUAL ACCOUNTING. A guardian of the person
11284	11284	executing a home equity loan on a minor ward's behalf must account
11285	11285	for the transaction, including the expenditure of the loan
11286	11286	proceeds, in the annual account required by Subchapter A, Chapter
11287	11287	1163. (Tex. Prob. Code, Sec. 890A(i).)
11288	11288	Sec. 1352.108. DISAFFIRMATION OF HOME EQUITY LOAN
11289	11289	PROHIBITED. A minor ward may not disaffirm a home equity loan
11290	11290	authorized by the court under this subchapter. (Tex. Prob. Code, Sec. 890A(k).)
11291	11291	CHAPTER 1353. MANAGEMENT AND CONTROL OF INCAPACITATED SPOUSE'S
11292	11292	PROPERTY
11293	11293	SUBCHAPTER A. APPOINTMENT OF COMMUNITY ADMINISTRATOR OR GUARDIAN
11294	11294	OF THE ESTATE
11295	11295	Sec. 1353.001. EFFECT OF SUBCHAPTER
11296	11296	Sec. 1353.002. SPOUSE AS COMMUNITY ADMINISTRATOR
11297	11297	Sec. 1353.003. APPOINTMENT OF GUARDIAN OF THE ESTATE
11298	11298	TO ADMINISTER SEPARATE PROPERTY
11299	11299	Sec. 1353.004. APPOINTMENT OF GUARDIAN OF THE ESTATE
11300	11300	UNDER CERTAIN CIRCUMSTANCES
11301	11301	Sec. 1353.005. ADMINISTRATION OF CERTAIN PROPERTY BY
11302	11302	NON-INCAPACITATED SPOUSE
11303	11303	Sec. 1353.006. EFFECT OF COURT ORDER ON CREDITORS'
11304	11304	CLAIMS
11305	11305	[Sections 1353.007-1353.050 reserved for expansion]
11306	11306	SUBCHAPTER B. DUTIES OF COMMUNITY ADMINISTRATORS AND GUARDIANS OF
11307	11307	THE ESTATE
11308	11308	Sec. 1353.051. INVENTORY AND APPRAISEMENT BY COMMUNITY
11309	11309	ADMINISTRATOR
11310	11310	Sec. 1353.052. ACCOUNT BY COMMUNITY ADMINISTRATOR
11311	11311	Sec. 1353.053. DISCLOSURE OF CERTAIN LAWSUITS TO THE
11312	11312	COURT BY COMMUNITY ADMINISTRATOR
11313	11313	Sec. 1353.054. DELIVERY OF COMMUNITY PROPERTY BY
11314	11314	GUARDIAN OF THE ESTATE TO COMMUNITY
11315	11315	ADMINISTRATOR
11316	11316	[Sections 1353.055-1353.100 reserved for expansion]
11317	11317	SUBCHAPTER C. REMOVAL OR TERMINATION OF POWERS OF COMMUNITY
11318	11318	ADMINISTRATOR
11319	11319	Sec. 1353.101. GROUNDS FOR REMOVAL OF COMMUNITY
11320	11320	ADMINISTRATOR
11321	11321	Sec. 1353.102. PROCEDURE FOR REMOVAL OF COMMUNITY
11322	11322	ADMINISTRATOR
11323	11323	Sec. 1353.103. TERMINATION OF COMMUNITY
11324	11324	ADMINISTRATOR'S POWERS ON RECOVERY OF
11325	11325	CAPACITY
11326	11326	[Sections 1353.104-1353.150 reserved for expansion]
11327	11327	SUBCHAPTER D. APPOINTMENT OF ATTORNEY AD LITEM
11328	11328	Sec. 1353.151. APPOINTMENT OF ATTORNEY AD LITEM FOR
11329	11329	INCAPACITATED SPOUSE
11330	11330	CHAPTER 1353. MANAGEMENT AND CONTROL OF INCAPACITATED SPOUSE'S
11331	11331	PROPERTY
11332	11332	SUBCHAPTER A. APPOINTMENT OF COMMUNITY ADMINISTRATOR OR GUARDIAN
11333	11333	OF THE ESTATE
11334	11334	Sec. 1353.001. EFFECT OF SUBCHAPTER. (a) The manner in
11335	11335	which community property is administered under this subchapter does
11336	11336	not affect:
11337	11337	(1) the duties and obligations between spouses,
11338	11338	including the duty to support the other spouse; and
11339	11339	(2) the rights of any creditor of either spouse.
11340	11340	(b) This subchapter does not partition community property
11341	11341	between an incapacitated spouse and a spouse who is not
11342	11342	incapacitated. (Tex. Prob. Code, Secs. 883(e), (f).)
11343	11343	Sec. 1353.002. SPOUSE AS COMMUNITY ADMINISTRATOR. (a)
11344	11344	Except as provided by Section 1353.004, when a spouse is judicially
11345	11345	declared to be incapacitated, the other spouse, in the capacity of
11346	11346	surviving partner of the marital partnership, acquires full power
11347	11347	to manage, control, and dispose of the entire community estate,
11348	11348	including the part of the community estate that the incapacitated
11349	11349	spouse legally has the power to manage in the absence of the
11350	11350	incapacity, as community administrator without an administration.
11351	11351	(b) The spouse who is not incapacitated is presumed to be
11352	11352	suitable and qualified to serve as community administrator. (Tex.
11353	11353	Prob. Code, Secs. 883(a) (part), (b) (part).)
11354	11354	Sec. 1353.003. APPOINTMENT OF GUARDIAN OF THE ESTATE TO
11355	11355	ADMINISTER SEPARATE PROPERTY. (a) Except as provided by Section
11356	11356	1353.004, when a spouse who owns separate property is judicially
11357	11357	declared to be incapacitated, the court shall appoint the other
11358	11358	spouse or another person or entity, in the order of precedence
11359	11359	established under Subchapter C, Chapter 1104, as guardian of the
11360	11360	estate to administer only the separate property of the
11361	11361	incapacitated spouse.
11362	11362	(b) The qualification of a guardian of the estate of the
11363	11363	separate property of an incapacitated spouse under Subsection (a)
11364	11364	does not deprive the spouse who is not incapacitated of the right to
11365	11365	manage, control, and dispose of the entire community estate as
11366	11366	provided by this title. (Tex. Prob. Code, Secs. 883(a) (part), (b)
11367	11367	(part).)
11368	11368	Sec. 1353.004. APPOINTMENT OF GUARDIAN OF THE ESTATE UNDER
11369	11369	CERTAIN CIRCUMSTANCES. (a) This section applies only if:
11370	11370	(1) a spouse who is not incapacitated is removed as
11371	11371	community administrator; or
11372	11372	(2) the court finds that the spouse who is not
11373	11373	incapacitated:
11374	11374	(A) would be disqualified to serve as guardian
11375	11375	under Subchapter H, Chapter 1104; or
11376	11376	(B) is not suitable to serve as the community
11377	11377	administrator for any other reason.
11378	11378	(b) The court shall appoint a guardian of the estate for the
11379	11379	incapacitated spouse if the court:
11380	11380	(1) has not appointed a guardian of the estate under
11381	11381	Section 1353.003(a); or
11382	11382	(2) has appointed the spouse who is not incapacitated
11383	11383	as the guardian of the estate under Section 1353.003(a).
11384	11384	(c) After considering the financial circumstances of the
11385	11385	spouses and any other relevant factors, the court may order the
11386	11386	spouse who is not incapacitated to deliver to the guardian of the
11387	11387	estate of the incapacitated spouse not more than one-half of the
11388	11388	community property that is subject to the spouses' joint
11389	11389	management, control, and disposition under Section 3.102, Family
11390	11390	Code.
11391	11391	(d) The court shall authorize the guardian of the estate of
11392	11392	the incapacitated spouse to administer:
11393	11393	(1) any separate property of the incapacitated spouse;
11394	11394	(2) any community property that is subject to the
11395	11395	incapacitated spouse's sole management, control, and disposition
11396	11396	under Section 3.102, Family Code;
11397	11397	(3) any community property delivered to the guardian
11398	11398	of the estate under Subsection (c); and
11399	11399	(4) any income earned on property described by this
11400	11400	section.
11401	11401	(e) Community property administered by a guardian of the
11402	11402	estate under Subsection (d) is considered the incapacitated
11403	11403	spouse's community property, subject to the incapacitated spouse's
11404	11404	sole management, control, and disposition under Section 3.102,
11405	11405	Family Code. (Tex. Prob. Code, Secs. 883(c), (g) (part).)
11406	11406	Sec. 1353.005. ADMINISTRATION OF CERTAIN PROPERTY BY
11407	11407	NON-INCAPACITATED SPOUSE. (a) On a person's removal as community
11408	11408	administrator or on qualification of a guardian of the estate of the
11409	11409	person's incapacitated spouse under Section 1353.004, as
11410	11410	appropriate, a spouse who is not incapacitated shall continue to
11411	11411	administer:
11412	11412	(1) the person's own separate property;
11413	11413	(2) any community property that is subject to the
11414	11414	person's sole management, control, and disposition under Section
11415	11415	3.102, Family Code;
11416	11416	(3) either:
11417	11417	(A) any community property subject to the
11418	11418	spouses' joint management, control, and disposition under Section
11419	11419	3.102, Family Code; or
11420	11420	(B) if the person is required to deliver a
11421	11421	portion of that community property described by Paragraph (A) to
11422	11422	the guardian of the estate of the person's incapacitated spouse
11423	11423	under Section 1353.004(c), only the portion of the community
11424	11424	property remaining after delivery; and
11425	11425	(4) any income earned on property described by this
11426	11426	section the person is authorized to administer.
11427	11427	(b) Community property administered under this section by a
11428	11428	spouse who is not incapacitated is considered that spouse's
11429	11429	community property, subject to that spouse's sole management,
11430	11430	control, and disposition under Section 3.102, Family Code. (Tex.
11431	11431	Prob. Code, Secs. 883(d), (g) (part).)
11432	11432	Sec. 1353.006. EFFECT OF COURT ORDER ON CREDITORS' CLAIMS.
11433	11433	A court order that directs the administration of community property
11434	11434	under Section 1353.004 or 1353.005 does not affect the
11435	11435	enforceability of a creditor's claim existing on the date the court
11436	11436	renders the order. (Tex. Prob. Code, Sec. 883(h).)
11437	11437	[Sections 1353.007-1353.050 reserved for expansion]
11438	11438	SUBCHAPTER B. DUTIES OF COMMUNITY ADMINISTRATORS AND GUARDIANS OF
11439	11439	THE ESTATE
11440	11440	Sec. 1353.051. INVENTORY AND APPRAISEMENT BY COMMUNITY
11441	11441	ADMINISTRATOR. (a) On its own motion or on the motion of an
11442	11442	interested person for good cause shown, the court may order a
11443	11443	community administrator to file a verified, full, and detailed
11444	11444	inventory and appraisement of:
11445	11445	(1) any community property that is subject to the
11446	11446	incapacitated spouse's sole management, control, and disposition
11447	11447	under Section 3.102, Family Code;
11448	11448	(2) any community property subject to the spouses'
11449	11449	joint management, control, and disposition under Section 3.102,
11450	11450	Family Code; and
11451	11451	(3) any income earned on property described by this
11452	11452	subsection.
11453	11453	(b) An inventory and appraisement ordered under this
11454	11454	section must be:
11455	11455	(1) prepared in the same form and manner that is
11456	11456	required of a guardian under Section 1154.051; and
11457	11457	(2) filed not later than the 90th day after the date
11458	11458	the order is issued. (Tex. Prob. Code, Secs. 883B(a), (c).)
11459	11459	Sec. 1353.052. ACCOUNT BY COMMUNITY ADMINISTRATOR. (a) At
11460	11460	any time after the expiration of 15 months after the date a
11461	11461	community administrator's spouse is judicially declared to be
11462	11462	incapacitated, the court, on its own motion or on the motion of an
11463	11463	interested person for good cause shown, may order the community
11464	11464	administrator to prepare and file an account of:
11465	11465	(1) any community property that is subject to the
11466	11466	incapacitated spouse's sole management, control, and disposition
11467	11467	under Section 3.102, Family Code;
11468	11468	(2) any community property subject to the spouses'
11469	11469	joint management, control, and disposition under Section 3.102,
11470	11470	Family Code; and
11471	11471	(3) any income earned on property described by this
11472	11472	subsection.
11473	11473	(b) An account ordered under Subsection (a) must be:
11474	11474	(1) prepared in the same form and manner that is
11475	11475	required of a guardian under Subchapter A, Chapter 1163, except
11476	11476	that the community administrator is not required to file the
11477	11477	account annually with the county clerk; and
11478	11478	(2) filed not later than the 60th day after the date
11479	11479	the order is issued.
11480	11480	(c) After an initial account has been filed by a community
11481	11481	administrator under this section, the court, on the motion of an
11482	11482	interested person for good cause shown, may order the community
11483	11483	administrator to file subsequent periodic accounts at intervals of
11484	11484	not less than 12 months. (Tex. Prob. Code, Secs. 883B(b), (d),
11485	11485	(e).)
11486	11486	Sec. 1353.053. DISCLOSURE OF CERTAIN LAWSUITS TO THE COURT
11487	11487	BY COMMUNITY ADMINISTRATOR. A person whose spouse is judicially
11488	11488	declared to be incapacitated and who acquires the power to manage,
11489	11489	control, and dispose of the entire community estate under Section
11490	11490	1353.002(a) shall inform the court in writing of any suit filed by
11491	11491	or on behalf of the person that:
11492	11492	(1) is a suit for dissolution of the marriage of the
11493	11493	person and the person's incapacitated spouse; or
11494	11494	(2) names the incapacitated spouse as a defendant.
11495	11495	(Tex. Prob. Code, Sec. 884A.)
11496	11496	Sec. 1353.054. DELIVERY OF COMMUNITY PROPERTY BY GUARDIAN
11497	11497	OF THE ESTATE TO COMMUNITY ADMINISTRATOR. A guardian of the estate
11498	11498	of an incapacitated married person who, as guardian, is
11499	11499	administering community property as part of the ward's estate,
11500	11500	shall deliver on demand the community property to the spouse who is
11501	11501	not incapacitated if the spouse becomes community administrator
11502	11502	under Section 1353.002(a). (Tex. Prob. Code, Sec. 884.)
11503	11503	[Sections 1353.055-1353.100 reserved for expansion]
11504	11504	SUBCHAPTER C. REMOVAL OR TERMINATION OF POWERS OF COMMUNITY
11505	11505	ADMINISTRATOR
11506	11506	Sec. 1353.101. GROUNDS FOR REMOVAL OF COMMUNITY
11507	11507	ADMINISTRATOR. A court may remove a community administrator if:
11508	11508	(1) the community administrator fails to comply with a
11509	11509	court order for:
11510	11510	(A) an inventory and appraisement under Section
11511	11511	1353.051; or
11512	11512	(B) an account or subsequent account under
11513	11513	Section 1353.052;
11514	11514	(2) sufficient grounds appear to support belief that
11515	11515	the community administrator has misapplied or embezzled, or is
11516	11516	about to misapply or embezzle, all or part of the property committed
11517	11517	to the community administrator's care;
11518	11518	(3) the community administrator is proved to have been
11519	11519	guilty of gross misconduct or gross mismanagement in the
11520	11520	performance of duties as community administrator; or
11521	11521	(4) the community administrator:
11522	11522	(A) becomes an incapacitated person;
11523	11523	(B) is sentenced to the penitentiary; or
11524	11524	(C) for any other reason becomes legally
11525	11525	incapacitated from properly performing the community
11526	11526	administrator's fiduciary duties. (Tex. Prob. Code, Sec. 883C(a)
11527	11527	(part).)
11528	11528	Sec. 1353.102. PROCEDURE FOR REMOVAL OF COMMUNITY
11529	11529	ADMINISTRATOR. (a) A court may remove a community administrator on
11530	11530	the court's own motion or on the motion of an interested person,
11531	11531	after the community administrator has been cited by personal
11532	11532	service to answer at a time and place specified in the notice.
11533	11533	(b) The removal order must:
11534	11534	(1) state the cause of removal; and
11535	11535	(2) direct the disposition of the assets remaining in
11536	11536	the name or under the control of the removed community
11537	11537	administrator.
11538	11538	(c) A community administrator who defends an action for the
11539	11539	removal of the community administrator in good faith, regardless of
11540	11540	whether successful, is entitled to recover from the incapacitated
11541	11541	spouse's part of the community estate the community administrator's
11542	11542	necessary expenses and disbursements in the removal proceedings,
11543	11543	including reasonable attorney's fees. (Tex. Prob. Code, Secs.
11544	11544	883C(a) (part), (b), (c).)
11545	11545	Sec. 1353.103. TERMINATION OF COMMUNITY ADMINISTRATOR'S
11546	11546	POWERS ON RECOVERY OF CAPACITY. The special powers of management,
11547	11547	control, and disposition vested in the community administrator by
11548	11548	this title terminate when a court of competent jurisdiction by
11549	11549	decree finds that the mental capacity of the incapacitated spouse
11550	11550	has been recovered. (Tex. Prob. Code, Sec. 883A.)
11551	11551	[Sections 1353.104-1353.150 reserved for expansion]
11552	11552	SUBCHAPTER D. APPOINTMENT OF ATTORNEY AD LITEM
11553	11553	Sec. 1353.151. APPOINTMENT OF ATTORNEY AD LITEM FOR
11554	11554	INCAPACITATED SPOUSE. (a) The court shall appoint an attorney ad
11555	11555	litem to represent the interests of an incapacitated spouse in a
11556	11556	proceeding to remove a community administrator or other proceeding
11557	11557	brought under this chapter.
11558	11558	(b) The attorney ad litem may demand from the community
11559	11559	administrator an account or inventory and appraisement of the
11560	11560	incapacitated spouse's part of the community estate being managed
11561	11561	by the community administrator.
11562	11562	(c) A community administrator shall comply with a demand
11563	11563	made under this section not later than the 60th day after the date
11564	11564	the community administrator receives the demand.
11565	11565	(d) An account or inventory and appraisement returned under
11566	11566	this section must be prepared in the form and manner required by the
11567	11567	attorney ad litem. The attorney ad litem may require the community
11568	11568	administrator to file the account or inventory and appraisement with the court. (Tex. Prob. Code, Sec. 883D.)
11569	11569	CHAPTER 1354. RECEIVERSHIP FOR ESTATES OF
11570	11570	CERTAIN INCAPACITATED PERSONS
11571	11571	Sec. 1354.001. APPOINTMENT OF RECEIVER
11572	11572	Sec. 1354.002. BOND
11573	11573	Sec. 1354.003. POWERS AND DUTIES OF RECEIVER
11574	11574	Sec. 1354.004. EXPENDITURES BY RECEIVER
11575	11575	Sec. 1354.005. USE OF EXCESS ESTATE ASSETS
11576	11576	Sec. 1354.006. RECEIVER'S EXPENSES, ACCOUNT, AND
11577	11577	COMPENSATION
11578	11578	Sec. 1354.007. CLOSING RECEIVERSHIP; NOTICE
11579	11579	Sec. 1354.008. DISCHARGE OF RECEIVER
11580	11580	Sec. 1354.009. RECORD
11581	11581	CHAPTER 1354. RECEIVERSHIP FOR ESTATES OF
11582	11582	CERTAIN INCAPACITATED PERSONS
11583	11583	Sec. 1354.001. APPOINTMENT OF RECEIVER. (a) A judge of a
11584	11584	probate court in the county in which an incapacitated person
11585	11585	resides or in which the incapacitated person's endangered estate is
11586	11586	located shall, with or without application, enter an order
11587	11587	appointing a suitable person as receiver to take charge of the
11588	11588	estate if:
11589	11589	(1) it appears that all or part of the estate of the
11590	11590	incapacitated person is in danger of injury, loss, or waste and in
11591	11591	need of a guardianship or other representative;
11592	11592	(2) there is no guardian of the estate who is qualified
11593	11593	in this state; and
11594	11594	(3) a guardian is not needed.
11595	11595	(b) The court order must specify the duties and powers of
11596	11596	the receiver the judge considers necessary for the protection,
11597	11597	conservation, and preservation of the estate.
11598	11598	(c) The clerk shall enter an order issued under this section
11599	11599	in the judge's guardianship docket. (Tex. Prob. Code, Sec. 885(a)
11600	11600	(part).)
11601	11601	Sec. 1354.002. BOND. (a) A court order issued under
11602	11602	Section 1354.001 shall require a receiver appointed under that
11603	11603	section to give a bond, as in ordinary receiverships, in an amount
11604	11604	the judge considers necessary to protect the estate.
11605	11605	(b) The person appointed as receiver shall:
11606	11606	(1) make and submit a bond for the judge's approval;
11607	11607	and
11608	11608	(2) file the bond, when approved, with the clerk.
11609	11609	(Tex. Prob. Code, Sec. 885(a) (part).)
11610	11610	Sec. 1354.003. POWERS AND DUTIES OF RECEIVER. The person
11611	11611	appointed as receiver shall take charge of the endangered estate as
11612	11612	provided by the powers and duties vested in the person by the order
11613	11613	of appointment and subsequent orders of the judge. (Tex. Prob.
11614	11614	Code, Sec. 885(a) (part).)
11615	11615	Sec. 1354.004. EXPENDITURES BY RECEIVER. (a) If, while the
11616	11616	receivership is pending, the needs of the incapacitated person
11617	11617	require the use of the income or corpus of the estate for the
11618	11618	education, clothing, or subsistence of the person, the judge shall,
11619	11619	with or without application, enter an order in the judge's
11620	11620	guardianship docket that appropriates an amount of income or corpus
11621	11621	sufficient for that purpose.
11622	11622	(b) The receiver shall use the amount appropriated by the
11623	11623	court to pay a claim for the education, clothing, or subsistence of
11624	11624	the incapacitated person that is presented to the judge for
11625	11625	approval and ordered by the judge to be paid. (Tex. Prob. Code,
11626	11626	Sec. 885(b).)
11627	11627	Sec. 1354.005. USE OF EXCESS ESTATE ASSETS. (a) A receiver
11628	11628	who, while the receivership is pending, has possession of an amount
11629	11629	of money belonging to the incapacitated person in excess of the
11630	11630	amount needed for current necessities and expenses may, under
11631	11631	direction of the judge, invest, lend, or contribute all or part of
11632	11632	the excess money in the manner, for the security, and on the terms
11633	11633	provided by this title for investments, loans, or contributions by
11634	11634	guardians.
11635	11635	(b) The receiver shall report to the judge all transactions
11636	11636	made under this section in the same manner that a report is required
11637	11637	of a guardian under this title. (Tex. Prob. Code, Sec. 885(c).)
11638	11638	Sec. 1354.006. RECEIVER'S EXPENSES, ACCOUNT, AND
11639	11639	COMPENSATION. (a) All necessary expenses incurred by a receiver in
11640	11640	administering the estate may be reported monthly to the judge in the
11641	11641	form of a sworn statement of account that includes a report of:
11642	11642	(1) the receiver's acts;
11643	11643	(2) the condition of the estate;
11644	11644	(3) the status of the threatened danger to the estate;
11645	11645	and
11646	11646	(4) the progress made toward abatement of the danger.
11647	11647	(b) If the judge is satisfied that the statement is correct
11648	11648	and reasonable in all respects, the judge shall promptly enter an
11649	11649	order approving the expenses and authorizing reimbursement of the
11650	11650	receiver from the estate funds in the receiver's possession.
11651	11651	(c) A receiver shall be compensated for services provided in
11652	11652	the receiver's official capacity in the same manner and amount
11653	11653	provided by this title for similar services provided by a guardian
11654	11654	of an estate. (Tex. Prob. Code, Sec. 885(d).)
11655	11655	Sec. 1354.007. CLOSING RECEIVERSHIP; NOTICE. (a) When the
11656	11656	threatened danger has abated and the estate is no longer liable to
11657	11657	injury, loss, or waste because there is no guardian or other
11658	11658	representative of the estate, the receiver shall:
11659	11659	(1) report to the judge; and
11660	11660	(2) file with the clerk a full and final sworn account
11661	11661	of:
11662	11662	(A) all property of the estate received by the
11663	11663	receiver;
11664	11664	(B) all property of the estate in the receiver's
11665	11665	possession while the receivership was pending;
11666	11666	(C) all sums paid out;
11667	11667	(D) all acts performed by the receiver with
11668	11668	respect to the estate; and
11669	11669	(E) all property of the estate remaining in the
11670	11670	receiver's possession on the date of the report.
11671	11671	(b) On the filing of the report, the clerk shall:
11672	11672	(1) issue and cause to be posted a notice to all
11673	11673	persons interested in the welfare of the incapacitated person; and
11674	11674	(2) give personal notice to the person who has custody
11675	11675	of the incapacitated person to appear before the judge at a time and
11676	11676	place specified in the notice and contest the report and account if
11677	11677	the person desires. (Tex. Prob. Code, Sec. 885(e).)
11678	11678	Sec. 1354.008. DISCHARGE OF RECEIVER. (a) If, on hearing
11679	11679	the receiver's report and account, the judge is satisfied that the
11680	11680	danger of injury, loss, or waste to the estate has abated and that
11681	11681	the report and account are correct, the judge shall:
11682	11682	(1) enter an order finding that the danger of injury,
11683	11683	loss, or waste to the estate has abated; and
11684	11684	(2) direct the receiver to deliver the estate to:
11685	11685	(A) the person from whom the receiver took
11686	11686	possession as receiver;
11687	11687	(B) the person who has custody of the
11688	11688	incapacitated person; or
11689	11689	(C) another person the judge finds is entitled to
11690	11690	possession of the estate.
11691	11691	(b) A person who receives the estate under Subsection (a)
11692	11692	shall execute and file with the clerk an appropriate receipt for the
11693	11693	estate that is delivered to the person.
11694	11694	(c) The judge's order shall discharge the receivership and
11695	11695	the sureties on the receiver's bond.
11696	11696	(d) If the judge is not satisfied that the danger has
11697	11697	abated, or is not satisfied with the receiver's report and account,
11698	11698	the judge shall enter an order continuing the receivership in
11699	11699	effect until the judge is satisfied that the danger has abated or is
11700	11700	satisfied with the report and account. (Tex. Prob. Code, Sec.
11701	11701	885(f).)
11702	11702	Sec. 1354.009. RECORD. An order, bond, report, account, or
11703	11703	notice in a receivership proceeding must be recorded in the judge's guardianship docket. (Tex. Prob. Code, Sec. 885(g).)
11704	11704	CHAPTER 1355. PAYMENT OF CERTAIN CLAIMS WITHOUT GUARDIANSHIP
11705	11705	SUBCHAPTER A. PAYMENT OF CLAIMS TO CERTAIN INCAPACITATED
11706	11706	PERSONS AND FORMER WARDS
11707	11707	Sec. 1355.001. PAYMENT OF CLAIMS TO RESIDENT CREDITOR
11708	11708	Sec. 1355.002. PAYMENT OF CLAIMS TO NONRESIDENT
11709	11709	CREDITOR
11710	11710	[Sections 1355.003-1355.050 reserved for expansion]
11711	11711	SUBCHAPTER B. ADMINISTRATION OF MONEY
11712	11712	Sec. 1355.051. INVESTMENT OF MONEY BY CLERK
11713	11713	Sec. 1355.052. ANNUAL REPORT
11714	11714	[Sections 1355.053-1355.100 reserved for expansion]
11715	11715	SUBCHAPTER C. WITHDRAWAL OF MONEY
11716	11716	Sec. 1355.101. APPLICABILITY OF SUBCHAPTER
11717	11717	Sec. 1355.102. CUSTODIAN OF RESIDENT CREDITOR
11718	11718	Sec. 1355.103. WITHDRAWAL OF MONEY BY CUSTODIAN; BOND
11719	11719	Sec. 1355.104. CUSTODIAN'S REPORT
11720	11720	Sec. 1355.105. WITHDRAWAL OF MONEY BY CREDITOR OR
11721	11721	CREDITOR'S HEIR OR REPRESENTATIVE
11722	11722	[Sections 1355.106-1355.150 reserved for expansion]
11723	11723	SUBCHAPTER D. USE OF MONEY BY ELEEMOSYNARY INSTITUTION
11724	11724	FOR BENEFIT OF RESIDENT
11725	11725	Sec. 1355.151. APPLICABILITY OF SUBCHAPTER
11726	11726	Sec. 1355.152. PAYMENT OF MONEY TO INSTITUTION
11727	11727	Sec. 1355.153. DEPOSIT OF MONEY IN TRUST
11728	11728	Sec. 1355.154. DEATH OF RESIDENT OR DEPLETION OF MONEY
11729	11729	CHAPTER 1355. PAYMENT OF CERTAIN CLAIMS WITHOUT GUARDIANSHIP
11730	11730	SUBCHAPTER A. PAYMENT OF CLAIMS TO CERTAIN INCAPACITATED
11731	11731	PERSONS AND FORMER WARDS
11732	11732	Sec. 1355.001. PAYMENT OF CLAIMS TO RESIDENT CREDITOR. (a)
11733	11733	In this section, "resident creditor" means a person who:
11734	11734	(1) is a resident of this state; and
11735	11735	(2) is entitled to money in an amount that is $100,000
11736	11736	or less, the right to which is liquidated and is uncontested in any
11737	11737	pending lawsuit.
11738	11738	(b) This section applies only to a resident creditor who:
11739	11739	(1) is an incapacitated person or the former ward of a
11740	11740	guardianship terminated under Chapter 1204; and
11741	11741	(2) does not have a legal guardian of the creditor's
11742	11742	estate.
11743	11743	(c) A debtor who owes money to a resident creditor to whom
11744	11744	this section applies may pay the money to the county clerk of the
11745	11745	county in which the creditor resides to the account of the creditor.
11746	11746	When making a payment under this subsection, a debtor shall give to
11747	11747	the clerk:
11748	11748	(1) the creditor's name;
11749	11749	(2) the creditor's social security identification
11750	11750	number;
11751	11751	(3) the nature of the creditor's disability;
11752	11752	(4) the creditor's post office address; and
11753	11753	(5) if the creditor is a minor, the creditor's age.
11754	11754	(d) The receipt for the money signed by the county clerk is
11755	11755	binding on the resident creditor as of the date of receipt and to
11756	11756	the extent of the payment.
11757	11757	(e) The county clerk shall:
11758	11758	(1) by letter mailed to the address given under
11759	11759	Subsection (c)(4), apprise the resident creditor that the deposit
11760	11760	was made; and
11761	11761	(2) on receipt of the payment, bring the payment to the
11762	11762	court's attention. (Tex. Prob. Code, Sec. 887(a) (part).)
11763	11763	Sec. 1355.002. PAYMENT OF CLAIMS TO NONRESIDENT CREDITOR.
11764	11764	(a) In this section, "creditor" means a person who is entitled to
11765	11765	money in an amount that is not more than $100,000 owing as a result
11766	11766	of transactions in this state, the right to which is liquidated and
11767	11767	is uncontested in any pending lawsuit in this state.
11768	11768	(b) This section applies only to a creditor who is a
11769	11769	nonresident minor, a nonresident person who is adjudged by a court
11770	11770	of competent jurisdiction to be incapacitated, or the former ward
11771	11771	of a guardianship terminated under Chapter 1204 who has no legal
11772	11772	guardian qualified in this state.
11773	11773	(c) A debtor in this state who owes money to a creditor to
11774	11774	whom this section applies may pay the money:
11775	11775	(1) to the creditor's guardian qualified in the
11776	11776	domiciliary jurisdiction; or
11777	11777	(2) to the county clerk of:
11778	11778	(A) any county in this state in which real
11779	11779	property owned by the creditor is located; or
11780	11780	(B) if the creditor is not known to own real
11781	11781	property in this state, the county in which the debtor resides.
11782	11782	(d) A payment made under this section is for the creditor's
11783	11783	account and for the creditor's use and benefit.
11784	11784	(e) A receipt for payment signed by the county clerk is
11785	11785	binding on the creditor as of the date and to the extent of payment
11786	11786	if the receipt states:
11787	11787	(1) the creditor's name; and
11788	11788	(2) the creditor's post office address, if the address
11789	11789	is known.
11790	11790	(f) A county clerk who receives a payment under Subsection
11791	11791	(c) shall handle the money in the same manner as provided for a
11792	11792	payment to the account of a resident creditor under Sections
11793	11793	1355.001, 1355.051, 1355.052, 1355.102, 1355.103, and 1355.104.
11794	11794	Those sections apply to the handling and disposition of money or any
11795	11795	increase, dividend, or income paid to the clerk for the use,
11796	11796	benefit, and account of the creditor to whom this section applies.
11797	11797	(Tex. Prob. Code, Sec. 887(e).)
11798	11798	[Sections 1355.003-1355.050 reserved for expansion]
11799	11799	SUBCHAPTER B. ADMINISTRATION OF MONEY
11800	11800	Sec. 1355.051. INVESTMENT OF MONEY BY CLERK. (a) On
11801	11801	receipt of a payment under Section 1355.001, the county clerk shall
11802	11802	invest the money as authorized under this title under court order in
11803	11803	the name and for the account of the minor or other person entitled
11804	11804	to the money.
11805	11805	(b) The county clerk shall credit any increase, dividend, or
11806	11806	income from an investment made under this chapter to the account of
11807	11807	the minor or other person entitled to the investment. (Tex. Prob.
11808	11808	Code, Sec. 887(a) (part).)
11809	11809	Sec. 1355.052. ANNUAL REPORT. Not later than March 1 of
11810	11810	each year, the court clerk shall make a written report to the court
11811	11811	of the status of an investment made by the county clerk under
11812	11812	Section 1355.051. The report must contain:
11813	11813	(1) the amount of the original investment or the value
11814	11814	of the investment at the last annual report, whichever is later;
11815	11815	(2) any increase, dividend, or income from the
11816	11816	investment since the last annual report;
11817	11817	(3) the total amount of the investment and all
11818	11818	increases, dividends, or income at the date of the report; and
11819	11819	(4) the name of the depository or the type of
11820	11820	investment. (Tex. Prob. Code, Sec. 887(b).)
11821	11821	[Sections 1355.053-1355.100 reserved for expansion]
11822	11822	SUBCHAPTER C. WITHDRAWAL OF MONEY
11823	11823	Sec. 1355.101. APPLICABILITY OF SUBCHAPTER. Except as
11824	11824	provided by Section 1355.105, this subchapter applies only to a
11825	11825	resident creditor to whom Section 1355.001 applies. (New.)
11826	11826	Sec. 1355.102. CUSTODIAN OF RESIDENT CREDITOR. (a) The
11827	11827	following may serve as custodian of a resident creditor under this
11828	11828	section:
11829	11829	(1) a parent of the creditor;
11830	11830	(2) the unestranged spouse of the creditor; or
11831	11831	(3) if there is no spouse and both of the creditor's
11832	11832	parents are dead or nonresidents of this state, the person who:
11833	11833	(A) resides in this state; and
11834	11834	(B) has actual custody of the creditor.
11835	11835	(b) An unestranged spouse residing in this state shall be
11836	11836	given priority over a creditor's parent to serve as custodian under
11837	11837	this subchapter. (Tex. Prob. Code, Sec. 887(c) (part).)
11838	11838	Sec. 1355.103. WITHDRAWAL OF MONEY BY CUSTODIAN; BOND. (a)
11839	11839	A resident creditor's custodian may withdraw the money from the
11840	11840	court clerk for the creditor's use and benefit if the custodian
11841	11841	files with the clerk:
11842	11842	(1) a written application; and
11843	11843	(2) a bond approved by the county judge.
11844	11844	(b) A custodian's bond must be:
11845	11845	(1) twice the amount of the money to be withdrawn by
11846	11846	the custodian;
11847	11847	(2) payable to the judge or the judge's successors in
11848	11848	office; and
11849	11849	(3) conditioned that the custodian will:
11850	11850	(A) use the money for the resident creditor's
11851	11851	benefit under the court's direction; and
11852	11852	(B) when legally required, faithfully account to
11853	11853	the resident creditor and the creditor's heirs or legal
11854	11854	representatives for the money and any increase to the money on:
11855	11855	(i) the removal of the creditor's
11856	11856	disability;
11857	11857	(ii) the creditor's death; or
11858	11858	(iii) the appointment of a guardian for the
11859	11859	creditor.
11860	11860	(c) A custodian may not receive a fee or commission for
11861	11861	taking care of, handling, or spending money withdrawn by the
11862	11862	custodian. (Tex. Prob. Code, Sec. 887(c) (part).)
11863	11863	Sec. 1355.104. CUSTODIAN'S REPORT. (a) The custodian
11864	11864	shall file with the county clerk a sworn report of the custodian's
11865	11865	accounting when the custodian has:
11866	11866	(1) spent the money in accordance with the court's
11867	11867	directions; or
11868	11868	(2) otherwise complied with the terms of the
11869	11869	custodian's bond by accounting for the money and any increase in the
11870	11870	money.
11871	11871	(b) The filing of a custodian's report, when approved by the
11872	11872	court, operates as a discharge of the person as custodian and of the
11873	11873	person's sureties from all further liability under the bond.
11874	11874	(c) The court shall satisfy itself that the custodian's
11875	11875	report is true and correct and may require proof as in other cases.
11876	11876	(Tex. Prob. Code, Sec. 887(d).)
11877	11877	Sec. 1355.105. WITHDRAWAL OF MONEY BY CREDITOR OR
11878	11878	CREDITOR'S HEIR OR REPRESENTATIVE. (a) On presentation to the
11879	11879	court clerk of an order of a county or probate court of the county in
11880	11880	which the money is held, money that is not withdrawn by an
11881	11881	authorized person as provided by this chapter may be withdrawn by:
11882	11882	(1) the creditor, after termination of the creditor's
11883	11883	disability;
11884	11884	(2) a subsequent personal representative of the
11885	11885	creditor; or
11886	11886	(3) the creditor's heirs.
11887	11887	(b) A withdrawal under Subsection (a) may be made at any
11888	11888	time and without a special bond for that purpose.
11889	11889	(c) The order presented under Subsection (a) must direct the
11890	11890	court clerk to deliver the money to the creditor, the creditor's
11891	11891	personal representative, or the creditor's heirs named in the
11892	11892	order.
11893	11893	(d) Before the court may issue an order under this section,
11894	11894	the person's identity and credentials must be proved to the court's
11895	11895	satisfaction. (Tex. Prob. Code, Sec. 887(f).)
11896	11896	[Sections 1355.106-1355.150 reserved for expansion]
11897	11897	SUBCHAPTER D. USE OF MONEY BY ELEEMOSYNARY INSTITUTION
11898	11898	FOR BENEFIT OF RESIDENT
11899	11899	Sec. 1355.151. APPLICABILITY OF SUBCHAPTER. This
11900	11900	subchapter applies only to money of a resident of an eleemosynary
11901	11901	institution of this state that is on deposit in a court registry and
11902	11902	does not exceed $10,000. (Tex. Prob. Code, Sec. 887(g) (part).)
11903	11903	Sec. 1355.152. PAYMENT OF MONEY TO INSTITUTION. (a) The
11904	11904	judge of a county court, district court, or other court of this
11905	11905	state may by order direct the court clerk to pay money to an
11906	11906	eleemosynary institution of this state for the use and benefit of a
11907	11907	resident of the institution if the court receives satisfactory
11908	11908	proof by affidavit or otherwise that the resident:
11909	11909	(1) is a person who has a mental disability, an
11910	11910	incapacitated person, or a person whose mental illness or mental
11911	11911	incapacity renders the person incapable of caring for himself or
11912	11912	herself and of managing the person's property and financial
11913	11913	affairs; and
11914	11914	(2) has no known legal guardian appointed for the
11915	11915	resident's estate.
11916	11916	(b) The affidavit under Subsection (a) may be executed by
11917	11917	the superintendent, business manager, or field representative of
11918	11918	the institution of which the person is a resident.
11919	11919	(c) The institution to which the payment is made under
11920	11920	Subsection (a) may not be required to give bond or security for
11921	11921	receiving the money from the court registry.
11922	11922	(d) The receipt from the institution for a payment, or the
11923	11923	canceled check or warrant by which the payment was made:
11924	11924	(1) is sufficient evidence of the disposition of the
11925	11925	payment; and
11926	11926	(2) relieves the court clerk from further
11927	11927	responsibility for the disposition. (Tex. Prob. Code, Sec. 887(g)
11928	11928	(part).)
11929	11929	Sec. 1355.153. DEPOSIT OF MONEY IN TRUST. (a) On receipt of
11930	11930	money under this subchapter, an eleemosynary institution shall
11931	11931	deposit all of the money received to the resident's trust account.
11932	11932	(b) Money deposited in a trust account may be used only:
11933	11933	(1) by or for the personal use of the owner of the
11934	11934	trust account, under the rules or custom of the institution in the
11935	11935	expenditure of money by a resident; or
11936	11936	(2) by the responsible officer of the institution, for
11937	11937	the resident's use and benefit. (Tex. Prob. Code, Sec. 887(g)
11938	11938	(part).)
11939	11939	Sec. 1355.154. DEATH OF RESIDENT OR DEPLETION OF MONEY. (a)
11940	11940	After the expenditure of all money in a resident's trust account, or
11941	11941	after the resident's death, the responsible officer of the
11942	11942	eleemosynary institution shall furnish a statement of expenditures
11943	11943	of the money to the resident's nearest relative who is entitled to
11944	11944	receive the statement.
11945	11945	(b) A copy of the statement described by Subsection (a)
11946	11946	shall be filed with the court that first granted the order to
11947	11947	dispose of the money in accordance with this title.
11948	11948	(c) The balance of a trust account of a resident of an
11949	11949	eleemosynary institution who dies may be applied to:
11950	11950	(1) the resident's burial expenses; or
11951	11951	(2) the care, support, and treatment account of the
11952	11952	resident at the institution. (Tex. Prob. Code, Sec. 887(g) (part).)
11953	11953	CHAPTER 1356. COURT APPROVAL OF CERTAIN ARTS AND
11954	11954	ENTERTAINMENT, ADVERTISEMENT, AND SPORTS CONTRACTS
11955	11955	SUBCHAPTER A. GENERAL PROVISIONS
11956	11956	Sec. 1356.001. DEFINITIONS
11957	11957	Sec. 1356.002. DURATION OF CONTRACT OF A MINOR
11958	11958	[Sections 1356.003-1356.050 reserved for expansion]
11959	11959	SUBCHAPTER B. COURT ACTION REGARDING CERTAIN CONTRACTS
11960	11960	Sec. 1356.051. APPROVAL OF CERTAIN CONTRACTS OF A
11961	11961	MINOR
11962	11962	Sec. 1356.052. NOTICE REQUIRED
11963	11963	Sec. 1356.053. NECESSARY PARTIES TO PROCEEDING
11964	11964	Sec. 1356.054. SET-ASIDE AND PRESERVATION OF PORTION
11965	11965	OF NET EARNINGS
11966	11966	Sec. 1356.055. VALID CONTRACT NOT VOIDABLE
11967	11967	Sec. 1356.056. GUARDIAN AD LITEM
11968	11968	CHAPTER 1356. COURT APPROVAL OF CERTAIN ARTS AND
11969	11969	ENTERTAINMENT, ADVERTISEMENT, AND SPORTS CONTRACTS
11970	11970	SUBCHAPTER A. GENERAL PROVISIONS
11971	11971	Sec. 1356.001. DEFINITIONS. In this chapter:
11972	11972	(1) "Advertise" means to solicit or induce the
11973	11973	purchase of consumer goods or services through electronic or print
11974	11974	media, including:
11975	11975	(A) radio;
11976	11976	(B) television;
11977	11977	(C) computer; or
11978	11978	(D) direct mail.
11979	11979	(2) "Advertisement contract" means a contract under
11980	11980	which a person is employed or agrees to advertise consumer goods or
11981	11981	services.
11982	11982	(3) "Artist" means:
11983	11983	(A) an actor who performs in a motion picture,
11984	11984	theatrical, radio, television, or other entertainment production;
11985	11985	(B) a musician or musical director;
11986	11986	(C) a director or producer of a motion picture,
11987	11987	theatrical, radio, television, or other entertainment production;
11988	11988	(D) a writer;
11989	11989	(E) a cinematographer;
11990	11990	(F) a composer, lyricist, or arranger of musical
11991	11991	compositions;
11992	11992	(G) a dancer or choreographer of musical
11993	11993	productions;
11994	11994	(H) a model; or
11995	11995	(I) any other individual who provides similar
11996	11996	professional services in a motion picture, theatrical, radio,
11997	11997	television, or other entertainment production.
11998	11998	(4) "Arts and entertainment contract" means a contract
11999	11999	under which:
12000	12000	(A) an artist is employed or agrees to provide
12001	12001	services in a motion picture, theatrical, radio, television, or
12002	12002	other entertainment production; or
12003	12003	(B) a person agrees to purchase, secure, sell,
12004	12004	lease, license, or otherwise dispose of literary, musical, or
12005	12005	dramatic tangible or intangible property or any rights in that
12006	12006	property for use in the field of entertainment, including:
12007	12007	(i) a motion picture;
12008	12008	(ii) television;
12009	12009	(iii) the production of phonograph records;
12010	12010	or
12011	12011	(iv) theater.
12012	12012	(5) "Consumer goods" means goods used or bought for
12013	12013	use primarily for personal, family, or household purposes.
12014	12014	(6) "Net earnings," with respect to a minor, means the
12015	12015	total amount to be received for the services of the minor under a
12016	12016	contract less:
12017	12017	(A) the amount required by law to be paid as taxes
12018	12018	to any government or governmental agency;
12019	12019	(B) a reasonable amount to be spent for the
12020	12020	support, care, maintenance, education, and training of the minor;
12021	12021	(C) fees and expenses paid in connection with
12022	12022	procuring the contract or maintaining employment of the minor; and
12023	12023	(D) attorney's fees for services provided in
12024	12024	connection with the contract or any other business of the minor.
12025	12025	(7) "Sports contract" means a contract under which an
12026	12026	athlete is employed or agrees to participate, compete, or engage in
12027	12027	a sports or athletic activity at a professional or amateur sports
12028	12028	event or athletic event. (Tex. Prob. Code, Secs. 901, 904(a).)
12029	12029	Sec. 1356.002. DURATION OF CONTRACT OF A MINOR. This
12030	12030	chapter may not be construed to authorize a contract that binds a
12031	12031	minor after the seventh anniversary of the date of the contract.
12032	12032	(Tex. Prob. Code, Sec. 902.)
12033	12033	[Sections 1356.003-1356.050 reserved for expansion]
12034	12034	SUBCHAPTER B. COURT ACTION REGARDING CERTAIN CONTRACTS
12035	12035	Sec. 1356.051. APPROVAL OF CERTAIN CONTRACTS OF A MINOR.
12036	12036	(a) On the petition of the guardian of the estate of a minor, a
12037	12037	court may issue an order approving for purposes of this chapter an
12038	12038	arts and entertainment contract, advertisement contract, or sports
12039	12039	contract that is entered into by the minor.
12040	12040	(b) Approval of a contract under this section extends to the
12041	12041	contract as a whole and each term and provision of the contract,
12042	12042	including any optional or conditional contract provision relating
12043	12043	to the extension or termination of the contract's term.
12044	12044	(c) A court may withhold approval of a contract in which
12045	12045	part of the minor's net earnings will be set aside as provided by
12046	12046	Section 1356.054 until the guardian of the minor's estate executes
12047	12047	and files with the court written consent to the issuance of the
12048	12048	order. (Tex. Prob. Code, Secs. 903(a) (part), (b), (c).)
12049	12049	Sec. 1356.052. NOTICE REQUIRED. Before the court may
12050	12050	approve a contract under Section 1356.051, the guardian of the
12051	12051	minor's estate must provide the other party to the contract notice
12052	12052	of the petition and an opportunity to request a hearing in the
12053	12053	manner provided by the court. (Tex. Prob. Code, Sec. 903(a)
12054	12054	(part).)
12055	12055	Sec. 1356.053. NECESSARY PARTIES TO PROCEEDING. Each
12056	12056	parent of a minor for whom a proceeding is brought under Section
12057	12057	1356.051 is a necessary party to the proceeding. (Tex. Prob. Code,
12058	12058	Sec. 903(e).)
12059	12059	Sec. 1356.054. SET-ASIDE AND PRESERVATION OF PORTION OF NET
12060	12060	EARNINGS. (a) Notwithstanding any other law, in an order issued
12061	12061	under Section 1356.051, the court may require that a portion of the
12062	12062	net earnings of the minor under the contract be set aside and
12063	12063	preserved for the benefit of the minor in a trust created under
12064	12064	Section 1301.053 or 1301.054 or a similar trust created under the
12065	12065	laws of another state.
12066	12066	(b) The amount to be set aside under this section must be
12067	12067	reasonable as determined by the court. (Tex. Prob. Code, Sec.
12068	12068	904(b).)
12069	12069	Sec. 1356.055. VALID CONTRACT NOT VOIDABLE. A contract
12070	12070	approved under Section 1356.051 that is otherwise valid is not
12071	12071	voidable solely on the ground that it was entered into by a person
12072	12072	during the age of minority. (Tex. Prob. Code, Sec. 903(d).)
12073	12073	Sec. 1356.056. GUARDIAN AD LITEM. The court may appoint a
12074	12074	guardian ad litem for a minor who has entered into an arts and
12075	12075	entertainment contract, advertisement contract, or sports contract
12076	12076	if the court finds that the appointment would be in the best
12077	12077	interest of the minor. (Tex. Prob. Code, Sec. 905.)
12078	12078	[Subtitles J-X reserved for expansion]
12079	12079	SUBTITLE Y. TEXAS PROBATE CODE: SCOPE, JURISDICTION, AND VENUE
12080	12080	PART 1. GENERAL PROVISIONS
12081	12081	SUBPART A. PROCEEDINGS IN REM
12082	12082	[Reserved for expansion]
12083	12083	PART 2. GUARDIANSHIP PROCEEDINGS AND MATTERS
12084	12084	SUBPART A. JURISDICTION
12085	12085	[Reserved for expansion]
12086	12086	SUBPART B. VENUE
12087	12087	[Reserved for expansion]
12088	12088	SUBPART C. DUTIES AND RECORDS OF CLERK
12089	12089	[Reserved for expansion]
12090	12090	SUBTITLE Z. TEXAS PROBATE CODE; ADDITIONAL GUARDIANSHIP PROVISIONS
12091	12091	PART 2. GUARDIANSHIP PROCEEDINGS AND MATTERS
12092	12092	SUBPART H. COMPENSATION, EXPENSES, AND COURT COSTS
12093	12093	[Reserved for expansion]
12094	12094	ARTICLE 2. CONFORMING AMENDMENTS
12095	12095	SECTION 2.01. CONFORMING AMENDMENT. Section 21.001,
12096	12096	Estates Code, as effective January 1, 2014, is amended to read as
12097	12097	follows:
12098	12098	Sec. 21.001. PURPOSE OF CODE. (a) This code is [title and
12099	12099	Subtitles A through M, Title 2, are] enacted as a part of the
12100	12100	state's continuing statutory revision program, begun by the Texas
12101	12101	Legislative Council in 1963 as directed by the legislature in the
12102	12102	law codified as Section 323.007, Government Code. The program
12103	12103	contemplates a topic-by-topic revision of the state's general and
12104	12104	permanent statute law without substantive change.
12105	12105	(b) Consistent with the objectives of the statutory
12106	12106	revision program, the purpose of this code, except Subtitles X and
12107	12107	Y, Title 2, and Subtitles Y and Z, Title 3 [title and Subtitles A
12108	12108	through M, Title 2], is to make the law encompassed by this code,
12109	12109	except Subtitles X and Y, Title 2, and Subtitles Y and Z, Title 3
12110	12110	[title and Subtitles A through M, Title 2], more accessible and
12111	12111	understandable by:
12112	12112	(1) rearranging the statutes into a more logical
12113	12113	order;
12114	12114	(2) employing a format and numbering system designed
12115	12115	to facilitate citation of the law and to accommodate future
12116	12116	expansion of the law;
12117	12117	(3) eliminating repealed, duplicative,
12118	12118	unconstitutional, expired, executed, and other ineffective
12119	12119	provisions; and
12120	12120	(4) restating the law in modern American English to
12121	12121	the greatest extent possible.
12122	12122	(c) The provisions of Subtitles X and [,] Y, [and Z of] Title
12123	12123	2, and Subtitles Y and Z, Title 3, [25] are transferred from the
12124	12124	Texas Probate Code and redesignated as part of this code, but are
12125	12125	not revised as part of the state's continuing statutory revision
12126	12126	program.
12127	12127	SECTION 2.02. CONFORMING AMENDMENT. Section 21.002,
12128	12128	Estates Code, as effective January 1, 2014, is amended to read as
12129	12129	follows:
12130	12130	Sec. 21.002. CONSTRUCTION. (a) Except as provided by this
12131	12131	section, Section 22.027, or Section 1002.023, Chapter 311,
12132	12132	Government Code (Code Construction Act), applies to the
12133	12133	construction of a provision of this code [title or Subtitle A, B, C,
12134	12134	D, E, F, G, H, I, J, K, L, or M, Title 2].
12135	12135	(b) Chapter 311, Government Code (Code Construction Act),
12136	12136	[That chapter] does not apply to the construction of a provision of
12137	12137	Subtitle X or [,] Y, [or Z of] Title 2, or Subtitle Y or Z, Title 3
12138	12138	[25].
12139	12139	SECTION 2.03. CONFORMING AMENDMENT. Section 21.003(b),
12140	12140	Estates Code, as effective January 1, 2014, is amended to read as
12141	12141	follows:
12142	12142	(b) A reference in Subtitle X or [,] Y, [or Z,] Title 2, or
12143	12143	Subtitle Y or Z, Title 3, [25] to a chapter, a part, a subpart, a
12144	12144	section, or any portion of a section "of this code" is a reference
12145	12145	to the chapter, part, subpart, section, or portion of a section as
12146	12146	redesignated in the Estates Code, except that:
12147	12147	(1) a reference in Subtitle X or [,] Y, [or Z,] Title
12148	12148	2, or Subtitle Y or Z, Title 3, [25] to Chapter I is a reference to
12149	12149	Chapter I, Estates Code, and to the revision of sections derived
12150	12150	from Chapter I, Texas Probate Code, and any reenactments and
12151	12151	amendments to those sections; and
12152	12152	(2) a reference in Subtitle X or [,] Y, [or Z,] Title
12153	12153	2, or Subtitle Y or Z, Title 3, [25] to a chapter, part, subpart,
12154	12154	section, or portion of a section that does not exist in the Estates
12155	12155	Code is a reference to the revision or redesignation of the
12156	12156	corresponding chapter, part, subpart, section, or portion of a
12157	12157	section of the Texas Probate Code and any reenactments or
12158	12158	amendments.
12159	12159	SECTION 2.04. CONFORMING AMENDMENT. Section 21.005,
12160	12160	Estates Code, as effective January 1, 2014, is amended to read as
12161	12161	follows:
12162	12162	Sec. 21.005. APPLICABILITY OF CERTAIN LAWS.
12163	12163	Notwithstanding Section 21.002(b) [21.002] of this code and Section
12164	12164	311.002, Government Code:
12165	12165	(1) Section 311.032(c), Government Code, applies to
12166	12166	Subtitles X and [,] Y, [and Z of] Title 2, and Subtitles Y and Z,
12167	12167	Title 3 [25]; and
12168	12168	(2) Sections 311.005(4) and 311.012(b) and (c),
12169	12169	Government Code, apply to Subtitles X and [,] Y, [and Z of] Title 2,
12170	12170	and Subtitles Y and Z, Title 3.
12171	12171	SECTION 2.05. CONFORMING AMENDMENT. The heading to Title
12172	12172	2, Estates Code, as effective January 1, 2014, is amended to read as
12173	12173	follows:
12174	12174	TITLE 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY
12175	12175	ARTICLE 3. TRANSFER AND REDESIGNATION; REPEALER
12176	12176	SECTION 3.01. TRANSFER AND REDESIGNATION. (a) Section
12177	12177	604, Texas Probate Code, is transferred to Subpart A, Part 1,
12178	12178	Subtitle Y, Title 3, Estates Code, as added by Section 1.02 of this
12179	12179	Act, and redesignated as Section 604, Estates Code.
12180	12180	(b) Sections 605, 606, 607, 608, and 609, Texas Probate
12181	12181	Code, are transferred to Subpart A, Part 2, Subtitle Y, Title 3,
12182	12182	Estates Code, as added by Section 1.02 of this Act, and redesignated
12183	12183	as Sections 605, 606, 607, 608, and 609, Estates Code,
12184	12184	respectively.
12185	12185	(c) Sections 610, 611, 612, 613, 614, 615, 616, 617, and
12186	12186	618, Texas Probate Code, are transferred to Subpart B, Part 2,
12187	12187	Subtitle Y, Title 3, Estates Code, as added by Section 1.02 of this
12188	12188	Act, and redesignated as Sections 610, 611, 612, 613, 614, 615, 616,
12189	12189	617, and 618, Estates Code, respectively.
12190	12190	(d) Section 631, Texas Probate Code, is transferred to
12191	12191	Subpart C, Part 2, Subtitle Y, Title 3, Estates Code, as added by
12192	12192	Section 1.02 of this Act, and redesignated as Section 631, Estates
12193	12193	Code.
12194	12194	(e) Section 665B, Texas Probate Code, as amended by Chapters
12195	12195	314 (H.B. 587) and 930 (H.B. 3080), Acts of the 81st Legislature,
12196	12196	Regular Session, 2009, is transferred to Subpart H, Part 2,
12197	12197	Subtitle Z, Title 3, Estates Code, as added by Section 1.02 of this
12198	12198	Act, and redesignated as Section 665B, Estates Code.
12199	12199	SECTION 3.02. REPEALER. (a) Sections 481, 482, 483, 484,
12200	12200	485, 485A, 486, 487, 487A, 488, 489, 489B, 490, 491, 492, 493, 494,
12201	12201	495, 496, 497, 498, 499, 500, 501, 502, 503, 504, 505, 506, 601,
12202	12202	602, 603, 621, 622, 623, 624, 625, 626, 627, 627A, 628, 629, 630,
12203	12203	632, 633, 634, 635, 636, 641, 642, 643, 644, 645, 645A, 646, 647,
12204	12204	647A, 648, 648A, 649, 650, 651, 653, 654, 655, 656, 657, 659, 660,
12205	12205	661, 662, 663, 665, 665A, 665C, 665D, 666, 667, 668, 669, 670, 671,
12206	12206	672, 673, 674, 675, 676, 677, 677A, 677B, 678, 679, 679A, 680, 681,
12207	12207	682, 682A, 683, 683A, 684, 685, 686, 687, 689, 690, 692, 693, 694,
12208	12208	694A, 694B, 694C, 694D, 694E, 694F, 694G, 694H, 694I, 694J, 694K,
12209	12209	694L, 695, 695A, 696, 696A, 696B, 697, 697A, 697B, 698, 699, 700,
12210	12210	701, 702, 702A, 703, 704, 705, 706, 707, 708, 708A, 709, 710, 711,
12211	12211	712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724,
12212	12212	725, 726, 727, 728, 729, 730, 731, 732, 733, 734, 735, 736, 737,
12213	12213	738, 739, 741, 742, 743, 744, 745, 746, 747, 748, 749, 750, 751,
12214	12214	752, 753, 754, 755, 756, 757, 758, 759, 760, 760A, 760B, 761, 762,
12215	12215	763, 764, 765, 767, 768, 769, 770, 770A, 771, 772, 773, 774, 775,
12216	12216	776, 776A, 777, 778, 779, 780, 781, 782, 783, 784, 785, 786, 787,
12217	12217	788, 789, 790, 791, 792, 793, 794, 795, 796, 797, 798, 799, 800,
12218	12218	801, 802, 803, 804, 805, 806, 807, 808, 809, 811, 812, 813, 814,
12219	12219	815, 816, 817, 818, 819, 820, 821, 823, 824, 824A, 825, 826, 827,
12220	12220	828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 839, 840, 841,
12221	12221	842, 843, 844, 845, 846, 847, 848, 849, 850, 851, 852, 853, 854,
12222	12222	855, 855A, 855B, 857, 858, 860, 861, 862, 863, 865, 865A, 866, 867,
12223	12223	867A, 868, 868A, 868B, 868C, 869, 869A, 869B, 869C, 870, 871, 872,
12224	12224	873, 874, 875, 876, 877, 878, 879, 881, 881A, 882, 883, 883A, 883B,
12225	12225	883C, 883D, 884, 884A, 885, 887, 889, 889A, 890, 890A, 891, 892,
12226	12226	893, 894, 901, 902, 903, 904, 905, 910, 911, 912, 913, 914, 915, and
12227	12227	916, Texas Probate Code, are repealed.
12228	12228	(b) Subtitles M and Z, Title 2, and Title 25, Estates Code,
12229	12229	as effective January 1, 2014, are repealed.
12230	12230	(c) Sections 4 and 5, Chapter 680 (H.B. 2502), Acts of the
12231	12231	81st Legislature, Regular Session, 2009, which transferred and
12232	12232	redesignated Chapters XII and XIII, Texas Probate Code, are
12233	12233	repealed.
12234	12234	SECTION 3.03. LEGISLATIVE INTENT: TRANSFERS FROM TEXAS
12235	12235	PROBATE CODE. It is the intent of the legislature that, with
12236	12236	respect to any provision of the Texas Probate Code that is
12237	12237	transferred by this Act to the Estates Code and redesignated as a
12238	12238	provision of that code effective January 1, 2014, the transferred
12239	12239	provision include all amendments to that provision enacted by the
12240	12240	82nd and 83rd Legislatures and any reenactments of the provision by
12241	12241	those legislatures.
12242	12242	ARTICLE 4. GENERAL MATTERS
12243	12243	SECTION 4.01. LEGISLATIVE INTENT. This Act is enacted
12244	12244	under Section 43, Article III, Texas Constitution. This Act is
12245	12245	intended as a recodification only, and no substantive change in law
12246	12246	is intended by this Act.
12247	12247	SECTION 4.02. SAVING PROVISION. (a) This section applies
12248	12248	in addition to the saving provisions specified by Sections
12249	12249	311.031(c) and (d), Government Code (Code Construction Act).
12250	12250	(b) The repeal of a statute by this Act does not affect an
12251	12251	amendment, revision, or reenactment of the statute by the 83rd
12252	12252	Legislature. The amendment, revision, or reenactment made by the
12253	12253	83rd Legislature is preserved and given effect as part of the code
12254	12254	provision that revised the statute so amended, revised, or
12255	12255	reenacted.
12256	12256	(c) If any provision of Subtitle P, Title 2, or Subtitle A,
12257	12257	C, D, E, F, G, H, or I, Title 3, Estates Code, as added by this Act
12258	12258	effective January 1, 2014, conflicts with a statute enacted by the
12259	12259	83rd Legislature, the statute controls.
12260	12260	SECTION 4.03. EFFECTIVE DATE. This Act takes effect
12261	12261	January 1, 2014.