reglab/housing_qa huggingface dataset:
TX Est Code § 1253.0515 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle G - Special Types of Guardianships|Chapter 1253 - Interstate Guardianships|Subchapter B. Receipt and Acceptance of Foreign Guardianship|Section 1253.0515. Certification or Training of Guardian

Sec. 1253.0515.  CERTIFICATION OR TRAINING OF GUARDIAN.  (a)  A guardian filing an application under this subchapter must comply with Subchapter C or D, Chapter 155, Government Code, as applicable.(b)  A court may not grant an application filed under this subchapter unless the guardian complies with Subsection (a).|Added by Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 6, eff. September 1, 2017.|
TX Est Code § 1253.052 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle G - Special Types of Guardianships|Chapter 1253 - Interstate Guardianships|Subchapter B. Receipt and Acceptance of Foreign Guardianship|Section 1253.052. Notice of Application

Sec. 1253.052.  NOTICE OF APPLICATION.  Notice of an application for receipt and acceptance of a foreign guardianship under this subchapter shall be:(1)  served personally on the ward; and(2)  given to the foreign court from which the guardianship is to be transferred.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1253.053 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle G - Special Types of Guardianships|Chapter 1253 - Interstate Guardianships|Subchapter B. Receipt and Acceptance of Foreign Guardianship|Section 1253.053. Determination Regarding Receipt and Acceptance of Foreign Guardianship

Sec. 1253.053.  DETERMINATION REGARDING RECEIPT AND ACCEPTANCE OF FOREIGN GUARDIANSHIP.  (a)  The court shall hold a hearing to:(1)  consider an application for receipt and acceptance of a foreign guardianship under this subchapter; and(2)  consider modifying the administrative procedures or requirements of the proposed transferred guardianship in accordance with local and state law.(b)  In reviewing the application, the court should determine:(1)  that the proposed guardianship is not a collateral attack on an existing or proposed guardianship in another jurisdiction in this or another state; and(2)  for a guardianship in which a court in one or more states may have jurisdiction, that the application has been filed in the court that is best suited to consider the matter.(c)  The court shall grant the application if the transfer of the guardianship from the foreign jurisdiction is in the best interests of the ward.(d)  In granting the application, the court shall give full faith and credit to the provisions of the foreign guardianship order concerning the determination of the ward's incapacity and the rights, powers, and duties of the guardian.(e)  The court shall coordinate efforts with the appropriate foreign court to facilitate the orderly transfer of the guardianship.(f)  At the time of granting an application for receipt and acceptance of a foreign guardianship, the court may also modify the administrative procedures or requirements of the transferred guardianship in accordance with local and state law.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 66A.03, eff. January 1, 2014.|
TX Est Code § 1253.055 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle G - Special Types of Guardianships|Chapter 1253 - Interstate Guardianships|Subchapter B. Receipt and Acceptance of Foreign Guardianship|Section 1253.055. Guardianship Transfer Proceedings Filed in Two or More Courts

Sec. 1253.055.  GUARDIANSHIP TRANSFER PROCEEDINGS FILED IN TWO OR MORE COURTS.  If an application for receipt and acceptance of a foreign guardianship under this subchapter is filed in two or more courts with jurisdiction, the proceeding shall be heard in the court with jurisdiction over the application filed on the earliest date, if venue is otherwise proper in that court.  A court that does not have venue to hear the application shall transfer the proceeding to the proper court.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1253.056 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle G - Special Types of Guardianships|Chapter 1253 - Interstate Guardianships|Subchapter B. Receipt and Acceptance of Foreign Guardianship|Section 1253.056. Construction With Other Law

Sec. 1253.056.  CONSTRUCTION WITH OTHER LAW.  The denial of an application for receipt and acceptance of a guardianship under this subchapter does not affect the right of a guardian appointed by a foreign court to file an application to be appointed guardian of the incapacitated person under Section 1101.001.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1253.101 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle G - Special Types of Guardianships|Chapter 1253 - Interstate Guardianships|Subchapter C. Guardianship Proceedings Filed in This State and in Foreign Jurisdiction|Section 1253.101. Delay of Certain Guardianship Proceedings

Sec. 1253.101.  DELAY OF CERTAIN GUARDIANSHIP PROCEEDINGS.  A court in which a guardianship proceeding is filed and in which venue of the proceeding is proper may delay further action in the proceeding in that court if:(1)  another guardianship proceeding involving a matter at issue in the proceeding filed in the court is subsequently filed in a court in a foreign jurisdiction; and(2)  venue of the proceeding in the foreign court is proper.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1253.102 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle G - Special Types of Guardianships|Chapter 1253 - Interstate Guardianships|Subchapter C. Guardianship Proceedings Filed in This State and in Foreign Jurisdiction|Section 1253.102. Determination of Venue; Action Following Determination

Sec. 1253.102.  DETERMINATION OF VENUE; ACTION FOLLOWING DETERMINATION.  (a)  A court that delays further action in a guardianship proceeding under Section 1253.101 shall determine whether venue of the proceeding is more suitable in that court or in the foreign court.(b)  In making a determination under Subsection (a), the court may consider:(1)  the interests of justice;(2)  the best interests of the ward or proposed ward;(3)  the convenience of the parties; and(4)  the preference of the ward or proposed ward, if the ward or proposed ward is 12 years of age or older.(c)  The court shall resume the guardianship proceeding delayed under Section 1253.101 if the court determines under this section that venue is more suitable in that court.  If the court determines that venue is more suitable in the foreign court, the court shall, with the consent of the foreign court, transfer the proceeding to that foreign court.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 66A.04, eff. January 1, 2014.|
TX Est Code § 1253.103 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle G - Special Types of Guardianships|Chapter 1253 - Interstate Guardianships|Subchapter C. Guardianship Proceedings Filed in This State and in Foreign Jurisdiction|Section 1253.103. Necessary Orders

Sec. 1253.103.  NECESSARY ORDERS.  A court that delays further action in a guardianship proceeding under Section 1253.101 may issue any order the court considers necessary to protect the proposed ward or the proposed ward's estate.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1253.151 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle G - Special Types of Guardianships|Chapter 1253 - Interstate Guardianships|Subchapter D. Determination of Most Appropriate Forum for Certain Guardianship Proceedings|Section 1253.151. Determination of Acquisition of Jurisdiction in This State Due to Unjustifiable Conduct

Sec. 1253.151.  DETERMINATION OF ACQUISITION OF JURISDICTION IN THIS STATE DUE TO UNJUSTIFIABLE CONDUCT.  If at any time a court of this state determines that it acquired jurisdiction of a proceeding for the appointment of a guardian of the person or estate, or both, of a ward or proposed ward because of unjustifiable conduct, the court may:(1)  decline to exercise jurisdiction;(2)  exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the ward or proposed ward or the protection of the ward's or proposed ward's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or(3)  continue to exercise jurisdiction after considering:(A)  the extent to which the ward or proposed ward and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;(B)  whether the court of this state is a more appropriate forum than the court of any other state after considering the factors described by Section 1253.102(b); and(C)  whether the court of any other state would have jurisdiction under the factual circumstances of the matter.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 66A.05, eff. January 1, 2014.|
TX Est Code § 1253.152 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle G - Special Types of Guardianships|Chapter 1253 - Interstate Guardianships|Subchapter D. Determination of Most Appropriate Forum for Certain Guardianship Proceedings|Section 1253.152. Assessment of Expenses Against Party

Sec. 1253.152.  ASSESSMENT OF EXPENSES AGAINST PARTY.  (a)  If a court of this state determines that it acquired jurisdiction of a proceeding for the appointment of a guardian of the person or estate, or both, of a ward or proposed ward because a party seeking to invoke the court's jurisdiction engaged in unjustifiable conduct, the court may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses.(b)  The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by other law.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 66A.05, eff. January 1, 2014.|
TX Est Code § 1301.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1301 - Management Trusts|Subchapter A. General Provisions|Section 1301.001. Definition

Sec. 1301.001.  DEFINITION.  In this chapter, "management trust" means a trust created under Section 1301.053 or 1301.054.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1301.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1301 - Management Trusts|Subchapter A. General Provisions|Section 1301.002. Applicability of Texas Trust Code

Sec. 1301.002.  APPLICABILITY OF TEXAS TRUST CODE.  (a)  A management trust is subject to Subtitle B, Title 9, Property Code.(b)  To the extent of a conflict between Subtitle B, Title 9, Property Code, and a provision of this chapter or of a management trust, the provision of this chapter or of the trust controls.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1301.051 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1301 - Management Trusts|Subchapter B. Creation of Management Trusts|Section 1301.051. Eligibility to Apply for Creation of Trust

Sec. 1301.051.  ELIGIBILITY TO APPLY FOR CREATION OF TRUST.  The following persons may apply for the creation of a trust under this subchapter:(1)  the guardian of a ward;(2)  an attorney ad litem or guardian ad litem appointed to represent a ward or the ward's interests;(3)  a person interested in the welfare of an alleged incapacitated person who does not have a guardian;(4)  an attorney ad litem or guardian ad litem appointed to represent  an alleged incapacitated person who does not have a guardian; or(5)  a person who has only a physical disability.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.060, eff. January 1, 2014.|
TX Est Code § 1301.0511 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1301 - Management Trusts|Subchapter B. Creation of Management Trusts|Section 1301.0511. Notice Required for Application for Creation of Trust; Citation of Applicant Not Required

Sec. 1301.0511.  NOTICE REQUIRED FOR APPLICATION FOR CREATION OF TRUST; CITATION OF APPLICANT NOT REQUIRED.  (a)  On the filing of an application for creation of a management trust and except as provided by Subsection (d), notice shall be issued and served in the manner provided by Subchapter C, Chapter 1051, for the issuance and service of notice on the filing of an application for guardianship.(b)  It is not necessary to serve a citation on a person who files an application for the creation of a management trust under this subchapter or for that person to waive the issuance and personal service of citation.(c)  If the person for whom an application for creation of a management trust is filed is a ward, the sheriff or other officer, in addition to serving the persons described by Section 1051.103, shall personally serve each guardian of the ward with citation to appear and answer the application.(d)  Notice under this section is not required if a proceeding for the appointment of a guardian is pending for the person for whom an application for creation of a management trust is filed.|Added by Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 60, eff. September 1, 2021.|
TX Est Code § 1301.052 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1301 - Management Trusts|Subchapter B. Creation of Management Trusts|Section 1301.052. Venue for Proceeding Involving Trust for an Alleged Incapacitated Person

Sec. 1301.052.  VENUE FOR PROCEEDING INVOLVING TRUST FOR AN ALLEGED INCAPACITATED PERSON.  (a)  An application for the creation of a trust under Section 1301.054 for an alleged incapacitated person must be filed in the same court in which a proceeding for the appointment of a guardian for the person is pending, if any.(b)  If a proceeding for the appointment of a guardian for an alleged incapacitated person is not pending on the date an application is filed for the creation of a trust under Section 1301.054 for the person, venue for a proceeding to create a trust must be determined in the same manner as venue for a proceeding for the appointment of a guardian is determined under Section 1023.001.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.061, eff. January 1, 2014.Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 25, eff. January 1, 2014.|
TX Est Code § 1301.053 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1301 - Management Trusts|Subchapter B. Creation of Management Trusts|Section 1301.053. Creation of Trust

Sec. 1301.053.  CREATION OF TRUST.  (a)  On application by an appropriate person as provided by Section 1301.051 and subject to Section 1301.054(a), if applicable, the court with jurisdiction over the proceedings may enter an order that creates a trust for the management of the funds of the person with respect to whom the application is filed if the court finds that the creation of the trust is in the person's best interests.(b)  The court may maintain a trust created under this section under the same cause number as the guardianship proceeding, if the person for whom the trust is created is a ward or proposed ward.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.062, eff. January 1, 2014.|
TX Est Code § 1301.054 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1301 - Management Trusts|Subchapter B. Creation of Management Trusts|Section 1301.054. Creation of Trust for Incapacitated Person Without Guardian

Sec. 1301.054.  CREATION OF TRUST FOR INCAPACITATED PERSON WITHOUT GUARDIAN.  (a)  On application by an appropriate person as provided by Section 1301.051 and regardless of whether an application for guardianship has been filed on the alleged incapacitated person's behalf, a proper court exercising probate jurisdiction may enter an order that creates a trust for the management of the estate of an alleged incapacitated person who does not have a guardian if the court, after a hearing, finds that:(1)  the person is an incapacitated person; and(2)  the creation of the trust is in the incapacitated person's best interests.(b)  The court shall conduct the hearing to determine incapacity under Subsection (a) using the same procedures and evidentiary standards as are required in a hearing for the appointment of a guardian for a proposed ward.(c)  Except as provided by Subsection (c-1), the court shall appoint an attorney ad litem and, if necessary, may appoint a guardian ad litem, to represent the interests of the alleged incapacitated person in the hearing to determine incapacity under Subsection (a).(c-1)  If the application for the creation of the trust is filed by a person who has only a physical disability, the court may, but is not required to, appoint an attorney ad litem or guardian ad litem to represent the interests of the person in the hearing to determine incapacity under Subsection (a).(d)  The court may maintain a trust created under this section under the same cause number as the guardianship proceeding, if the person for whom the trust is created is a ward or proposed ward.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.063, eff. January 1, 2014.Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 26, eff. January 1, 2014.|
TX Est Code § 1301.055 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1301 - Management Trusts|Subchapter B. Creation of Management Trusts|Section 1301.055. Authority of Court to Appoint Guardian Instead of Creating Trust

Sec. 1301.055.  AUTHORITY OF COURT TO APPOINT GUARDIAN INSTEAD OF CREATING TRUST.  If, after a hearing under Section 1301.054, the court finds that the person for whom the application was filed is an incapacitated person but that it is not in the incapacitated person's best interests for the court to create a trust under this subchapter for the incapacitated person's estate, the court may appoint a guardian of the person or estate, or both, for the incapacitated person without commencing a separate proceeding for that purpose.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 27, eff. January 1, 2014.|
TX Est Code § 1301.056 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1301 - Management Trusts|Subchapter B. Creation of Management Trusts|Section 1301.056. Contents of Order Creating Trust

Sec. 1301.056.  CONTENTS OF ORDER CREATING TRUST.  An order creating a management trust must:(1)  direct any person or entity holding property that belongs to the person for whom the trust is created or to which that person is entitled to deliver all or part of that property to a person or corporate fiduciary appointed as trustee of the trust; and(2)  include terms and limitations placed on the trust.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.064, eff. January 1, 2014.|
TX Est Code § 1301.057 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1301 - Management Trusts|Subchapter B. Creation of Management Trusts|Section 1301.057. Appointment of Trustee

Sec. 1301.057.  APPOINTMENT OF TRUSTEE.  (a) In this section, "financial institution" means a financial institution, as defined by Section 201.101, Finance Code, that has trust powers and exists and does business under the laws of this state, another state, or the United States.(b)  Except as provided by Subsection (c), the court shall appoint a financial institution to serve as trustee of a management trust, other than a management trust created for a person who has only a physical disability.(c)  The court may appoint a person or entity described by Subsection (d) to serve as trustee of a management trust created for a ward or incapacitated person instead of appointing a financial institution to serve in that capacity if the court finds:(1)  that the appointment is in the best interests of the ward or incapacitated person for whom the trust is created; and(2)  if the value of the trust's principal is more than $150,000, that the applicant for the creation of the trust, after the exercise of due diligence, has been unable to find a financial institution in the geographic area willing to serve as trustee.(d)  The following are eligible for appointment as trustee of a management trust created for a ward or incapacitated person under Subsection (c):(1)  an individual, including an individual who is certified as a private professional guardian;(2)  a nonprofit corporation qualified to serve as a guardian; and(3)  a guardianship program.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 28, eff. January 1, 2014.|
TX Est Code § 1301.058 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1301 - Management Trusts|Subchapter B. Creation of Management Trusts|Section 1301.058. Bond Requirements for Trustees

Sec. 1301.058.  BOND REQUIREMENTS FOR TRUSTEES.  (a)  The following serve without giving a bond in accordance with the trust terms required by Sections 1301.101(a)(4) and (a-1):(1)  a trustee of a management trust that is a corporate fiduciary; and(2)  any other trustee of a management trust created for a person who has only a physical disability.(b)  Except as provided by Subsection (a), the court shall require a person serving as trustee of a management trust to file with the county clerk a bond that:(1)  is in an amount equal to the value of the trust's principal and projected annual income; and(2)  meets the conditions the court determines are necessary.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 29, eff. January 1, 2014.|