reglab/housing_qa huggingface dataset:
TX Est Code § 1163.003 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1163 - Annual Account and Other Exhibits and Reports|Subchapter A. Annual Account and Other Exhibits by Guardian of the Estate|Section 1163.003. Supporting Vouchers and Other Documents Attached to Account

Sec. 1163.003.  SUPPORTING VOUCHERS AND OTHER DOCUMENTS ATTACHED TO ACCOUNT.  (a)  The guardian of the estate shall attach to each annual account:(1)  a voucher for each item of credit claimed in the account or, to support the item in the absence of the voucher, other evidence satisfactory to the court;(2)  an official letter from the bank or other depository where the money on hand of the estate or ward is deposited that shows the amounts in general or special deposits; and(3)  proof of the existence and possession of:(A)  securities owned by the estate or shown by the account; and(B)  other assets held by a depository subject to court order.(b)  An original voucher submitted to the court may on application be returned to the guardian after approval of the annual account.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1163.004 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1163 - Annual Account and Other Exhibits and Reports|Subchapter A. Annual Account and Other Exhibits by Guardian of the Estate|Section 1163.004. Method of Proof for Securities and Other Assets

Sec. 1163.004.  METHOD OF PROOF FOR SECURITIES AND OTHER ASSETS.  (a)  The proof required by Section 1163.003(a)(3) must be by:(1)  an official letter from the bank or other depository where the securities or other assets are held for safekeeping, and if the depository is the guardian, the official letter must be signed by a representative of the depository other than the depository verifying the annual account;(2)  a certificate of an authorized representative of a corporation that is surety on the guardian's bonds;(3)  a certificate of the clerk or a deputy clerk of a court of record in this state; or(4)  an affidavit of any other reputable person designated by the court on request of the guardian or other interested party.(b)  A certificate or affidavit described by Subsection (a) must:(1)  state that the affiant has examined the assets that the guardian exhibited to the affiant as assets of the estate for which the annual account is made;(2)  describe the assets by reference to the account or in another manner that sufficiently identifies the assets exhibited; and(3)  state the time and the place the assets were exhibited.(c)  Instead of attaching a certificate or an affidavit, the guardian may exhibit the securities to the judge of the court, who shall endorse on the annual account, or include in the judge's order with respect to the account, a statement that the securities shown to the judge as on hand were exhibited to the judge and that the securities were the same as those shown in the account, or note any variance. If the securities are exhibited at a location other than where the securities are deposited for safekeeping, that exhibit is at the guardian's own expense and risk.(d)  The judge of the court may require:(1)  additional evidence of the existence and custody of the securities and other personal property as the judge considers proper; and(2)  the guardian at any time to exhibit the securities to the judge or another person designated by the judge at the place where the securities are held for safekeeping.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1163.005 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1163 - Annual Account and Other Exhibits and Reports|Subchapter A. Annual Account and Other Exhibits by Guardian of the Estate|Section 1163.005. Verification of Account and Statement Regarding Taxes and Status as Guardian

Sec. 1163.005.  VERIFICATION OF ACCOUNT AND STATEMENT REGARDING TAXES AND STATUS AS GUARDIAN.  (a)  The guardian of the estate shall attach to an account the guardian's affidavit stating:(1)  that the account contains a correct and complete statement of the matters to which the account relates;(2)  that the guardian has paid the bond premium for the next accounting period;(3)  that the guardian has filed all tax returns of the ward due during the accounting period;(4)  that the guardian has paid all taxes the ward owed during the accounting period, the amount of the taxes, the date the guardian paid the taxes, and the name of the governmental entity to which the guardian paid the taxes; and(5)  if the guardian is a private professional guardian, a guardianship program, or the Health and Human Services Commission, whether the guardian or an individual certified under Subchapter C, Chapter 155, Government Code, who is providing guardianship services to the ward and who is swearing to the account on the guardian's behalf, is or has been the subject of an investigation conducted by the Judicial Branch Certification Commission during the accounting period.(b)  If on the filing of the account the guardian of the estate has failed on the ward's behalf to file a tax return or pay taxes due, the guardian shall attach to the account a description of the taxes and the reasons for the guardian's failure to file the return or pay the taxes.|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. 20, eff. January 1, 2014.Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 21, eff. January 1, 2014.Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 53, eff. September 1, 2021.|
TX Est Code § 1163.006 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1163 - Annual Account and Other Exhibits and Reports|Subchapter A. Annual Account and Other Exhibits by Guardian of the Estate|Section 1163.006. Waiver of Account Filing

Sec. 1163.006.  WAIVER OF ACCOUNT FILING.  If the ward's estate produces negligible or fixed income, the court may waive the filing of annual accounts and may permit the guardian to:(1)  receive all estate income and apply the income to the support, maintenance, and education of the ward; and(2)  account to the court for the estate income and corpus when the estate must be closed.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1163.051 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1163 - Annual Account and Other Exhibits and Reports|Subchapter B. Action on Annual Account|Section 1163.051. Filing and Consideration of Annual Account

Sec. 1163.051.  FILING AND CONSIDERATION OF ANNUAL ACCOUNT.  (a) The guardian of the estate shall file an annual account with the county clerk.  The county clerk shall note the filing on the judge's docket.(b)  An annual account must remain on file for 10 days after the date the account is filed before being considered by the judge. After the expiration of that period, the judge shall consider the account and may continue the hearing on the account until fully advised on all account items.(c)  The court may not approve the annual account unless possession of cash, listed securities, or other assets held in safekeeping or on deposit under court order has been proven as required by law.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1163.052 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1163 - Annual Account and Other Exhibits and Reports|Subchapter B. Action on Annual Account|Section 1163.052. Correction and Approval of Annual Account

Sec. 1163.052.  CORRECTION AND APPROVAL OF ANNUAL ACCOUNT.  (a)  If an annual account is found to be incorrect, the account shall be corrected.(b)  The court by order shall approve an annual account that is corrected to the satisfaction of the court and shall act with respect to unpaid claims in accordance with Sections 1163.053 and 1163.054.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1163.053 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1163 - Annual Account and Other Exhibits and Reports|Subchapter B. Action on Annual Account|Section 1163.053. Order for Payment of Claims in Full

Sec. 1163.053.  ORDER FOR PAYMENT OF CLAIMS IN FULL.  After approval of an annual account as provided by Section 1163.052, if it appears to the court from the exhibit or other evidence that the estate is wholly solvent and that the guardian has sufficient funds to pay every claim against the estate, the court shall order immediate payment of all claims allowed and approved or established by judgment.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1163.054 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1163 - Annual Account and Other Exhibits and Reports|Subchapter B. Action on Annual Account|Section 1163.054. Order for Pro Rata Payment of Claims

Sec. 1163.054.  ORDER FOR PRO RATA PAYMENT OF CLAIMS.  After approval of an annual account as provided by Section 1163.052, if it appears to the court from the account or other evidence that the funds on hand are not sufficient to pay all claims against the estate or if the estate is insolvent and the guardian has any funds on hand, the court shall order the funds to be applied:(1)  first to the payment of any unpaid claims having a preference in the order of their priority; and(2)  then to the pro rata payment of the other claims allowed and approved or established by final judgment, considering also:(A)  claims that were presented not later than the first anniversary of the date letters of guardianship were granted; and(B)  claims that are in litigation or on which a lawsuit may be filed.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1163.1011 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1163 - Annual Account and Other Exhibits and Reports|Subchapter C. Annual Report by Guardian of the Person|Section 1163.1011. Use of Unsworn Declaration in Lieu of Sworn Declaration or Affidavit for Filing Annual Report

Sec. 1163.1011.  USE OF UNSWORN DECLARATION IN LIEU OF SWORN DECLARATION OR AFFIDAVIT FOR FILING ANNUAL REPORT.  (a)  A guardian of the person who is required to file an annual report under Section 1163.101 with the court, including a guardian filing the annual report electronically, may use an unsworn declaration made as provided by this section instead of the sworn declaration or affidavit required by Section 1163.101.(b)  An unsworn declaration authorized by this section must be:(1)  in writing; and(2)  subscribed by the person making the declaration as true under penalty of perjury.(c)  The form of an unsworn declaration authorized by this section must be substantially as follows:I, (insert name of guardian of the person), the guardian of the person for (insert name of ward) in _______ County, Texas, declare under penalty of perjury that the foregoing is true and correct.Executed on (insert date)________________________(signature)(d)  An unsworn declaration authorized by Section 132.001, Civil Practice and Remedies Code, may not be used instead of a written sworn declaration or affidavit required by Section 1163.101.|Added by Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 23, eff. January 1, 2014.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 20, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 21, eff. September 1, 2015.|
TX Est Code § 1163.102 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1163 - Annual Account and Other Exhibits and Reports|Subchapter C. Annual Report by Guardian of the Person|Section 1163.102. Reporting Period

Sec. 1163.102.  REPORTING PERIOD.  (a)  Except as provided under Subsection (b), an annual report required by Section 1163.101 must cover a 12-month reporting period that begins on the date or the anniversary of the date the guardian of the person qualifies to serve.(b)  The court may change a reporting period for purposes of this subchapter but may not extend a reporting period so that it covers more than 12 months.(c)  Each report is due not later than the 60th day after the date the reporting period ends.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1163.103 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1163 - Annual Account and Other Exhibits and Reports|Subchapter C. Annual Report by Guardian of the Person|Section 1163.103. Report in Case of Deceased Ward

Sec. 1163.103.  REPORT IN CASE OF DECEASED WARD.  If the ward is deceased, the guardian of the person shall provide the court with the date and place of death, if known, instead of the information about the ward otherwise required to be provided in the annual report.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1163.104 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1163 - Annual Account and Other Exhibits and Reports|Subchapter C. Annual Report by Guardian of the Person|Section 1163.104. Approval of Report

Sec. 1163.104.  APPROVAL OF REPORT.  (a) If the judge is satisfied that the facts stated in the report are true, the court shall approve the report.(b)  Unless the judge is satisfied that the facts stated in the report are true, the judge shall issue orders necessary for the ward's best interests.(c)  The court on the court's own motion may waive the costs and fees related to the filing of a report approved under Subsection (a).|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1163.105 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1163 - Annual Account and Other Exhibits and Reports|Subchapter C. Annual Report by Guardian of the Person|Section 1163.105. Attorney Not Required

Sec. 1163.105.  ATTORNEY NOT REQUIRED.  A guardian of the person may complete and file the report required under this subchapter without the assistance of an attorney.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1163.151 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1163 - Annual Account and Other Exhibits and Reports|Subchapter D. Penalties|Section 1163.151. Penalty for Failure to File Required Account, Exhibit, or Report

Sec. 1163.151.  PENALTY FOR FAILURE TO FILE REQUIRED ACCOUNT, EXHIBIT, OR REPORT.  (a) If a guardian does not file an account, an exhibit, a report of the guardian of the person, or another report required by this title, any person interested in the estate, on written complaint filed with the court clerk, or the court on the court's own motion, may have the guardian cited to appear and show cause why the guardian should not file the account, exhibit, or report.(b)  On hearing, the court may:(1)  order the guardian to file the account, exhibit, or report; and(2)  unless good cause is shown for the failure to file:(A)  revoke the guardian's letters of guardianship;(B)  fine the guardian in an amount not to exceed $1,000; or(C)  revoke the guardian's letters of guardianship and fine the guardian in an amount not to exceed $1,000.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1201.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1201 - Evaluation of Guardianship|Subchapter A. Review of Guardianship|Section 1201.001. Determining Guardian's Performance of Duties

Sec. 1201.001.  DETERMINING GUARDIAN'S PERFORMANCE OF DUTIES.  The court shall use reasonable diligence to determine whether a guardian is performing all of the duties required of the guardian that relate to the guardian's ward.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1201.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1201 - Evaluation of Guardianship|Subchapter A. Review of Guardianship|Section 1201.002. Annual Examination of Guardianship; Bond of Guardian

Sec. 1201.002.  ANNUAL EXAMINATION OF GUARDIANSHIP; BOND OF GUARDIAN.  (a)  At least annually, the judge shall examine the well-being of each ward of the court and the solvency of the bond of the guardian of the ward's estate.(b)  If after examining the solvency of a guardian's bond as provided by Subsection (a) the judge determines that the guardian's bond is not sufficient to protect the ward or the ward's estate, the judge shall require the guardian to execute a new bond.(c)  The judge shall notify the guardian and the sureties on the guardian's bond as provided by law.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1201.003 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1201 - Evaluation of Guardianship|Subchapter A. Review of Guardianship|Section 1201.003. Judge's Liability

Sec. 1201.003.  JUDGE'S LIABILITY.  A judge is liable on the judge's bond to those damaged if damage or loss results to a guardianship or ward because of the gross neglect of the judge to use reasonable diligence in the performance of the judge's duty under this subchapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1201.004 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1201 - Evaluation of Guardianship|Subchapter A. Review of Guardianship|Section 1201.004. Identifying Information

Sec. 1201.004.  IDENTIFYING INFORMATION.  (a)  The court may request an applicant or court-appointed fiduciary to produce other information identifying an applicant, ward, or guardian, including a social security number, in addition to identifying information the applicant or fiduciary is required to produce under this title.(b)  The court shall maintain any information required under this section, and the information may not be filed with the clerk.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1201.051 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1201 - Evaluation of Guardianship|Subchapter B. Annual Determination to Continue, Modify, or Terminate Guardianship|Section 1201.051. Applicability

Sec. 1201.051.  APPLICABILITY.  This subchapter does not apply to a guardianship that is created only because it is necessary for a person to have a guardian appointed to receive funds from a governmental source.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1201.052 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1201 - Evaluation of Guardianship|Subchapter B. Annual Determination to Continue, Modify, or Terminate Guardianship|Section 1201.052. Annual Determination

Sec. 1201.052.  ANNUAL DETERMINATION.  To determine whether a guardianship should be continued, modified, or terminated, the court in which the guardianship proceeding is pending:(1)  shall review annually each guardianship in which the application to create the guardianship was filed after September 1, 1993; and(2)  may review annually any other guardianship.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1201.053 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1201 - Evaluation of Guardianship|Subchapter B. Annual Determination to Continue, Modify, or Terminate Guardianship|Section 1201.053. Method of Determination

Sec. 1201.053.  METHOD OF DETERMINATION.  (a) In reviewing a guardianship under Section 1201.052, a statutory probate court may:(1)  review any report prepared by:(A)  a court investigator under Section 1054.153 or 1202.054;(B)  a guardian ad litem under Section 1202.054; or(C)  a court visitor under Section 1054.104;(2)  conduct a hearing; or(3)  review an annual account prepared under Subchapter A, Chapter 1163, or a report prepared under Subchapter C, Chapter 1163.(b)  A court that is not a statutory probate court may use any method to review a guardianship under Section 1201.052 that is determined appropriate by the court according to the court's caseload and available resources.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1201.054 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1201 - Evaluation of Guardianship|Subchapter B. Annual Determination to Continue, Modify, or Terminate Guardianship|Section 1201.054. Form of Determination

Sec. 1201.054.  FORM OF DETERMINATION.  A determination under this subchapter must be in writing and filed with the clerk.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|