reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1151 - Rights, Powers, and Duties Under Guardianship › Subchapter A. Rights, Powers, and Duties in General › Section 1151.005. Legal Proceedings in Which Ward Is Party or Witness

Sec. 1151.005.  LEGAL PROCEEDINGS IN WHICH WARD IS PARTY OR WITNESS.  The guardian of the person or of the estate of a ward may not be excluded from attending a legal proceeding in which the ward is:
(1)  a party; or
(2)  participating as a witness.
Added by Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 31, eff. September 1, 2021.
Added by Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 21, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1151 - Rights, Powers, and Duties Under Guardianship › Subchapter B. Powers and Duties of Guardians Relating to Care of Ward › Section 1151.052. Care of Adult Ward

Sec. 1151.052.  CARE OF ADULT WARD.  (a)  The guardian of an adult ward may spend funds of the guardianship as provided by court order to care for and maintain the ward.
(b)  The guardian of an adult ward who has decision-making ability may apply on the ward's behalf for residential care and services provided by a public or private facility if the ward agrees to be placed in the facility.  The guardian shall report the condition of the ward to the court at regular intervals at least annually, unless the court orders more frequent reports.  The guardian shall include in a report of an adult ward who is receiving residential care in a public or private residential care facility a statement as to the necessity for continued care in the facility.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1151 - Rights, Powers, and Duties Under Guardianship › Subchapter B. Powers and Duties of Guardians Relating to Care of Ward › Section 1151.0525. Access and Management of Ward's Funds by Guardian of Person

Sec. 1151.0525.  ACCESS AND MANAGEMENT OF WARD'S FUNDS BY GUARDIAN OF PERSON.  (a)  This section applies only to the guardian of the person of a ward for whom the court has not appointed a guardian of the estate.
(b)  On application to and order from the court, the guardian of the person of a ward may access, manage, and spend the ward's funds in an amount not to exceed $20,000 per year for the ward's benefit. The court shall require the guardian to file a new bond or a rider to an existing bond that meets the surety requirements for a guardian of the estate's bond under Section 1105.160.
(c)  A guardian of the person shall include any expenditures made for the benefit of the ward if authorized by court order under Subsection (b) in the annual report required by Section 1163.101.
(d)  When there is no longer a need for the guardian of the person to access, manage, or spend the ward's funds, the guardian of the person shall file a sworn affidavit of fulfillment with the court.  After the filing of the affidavit, the court, on motion filed with the court, may authorize the guardian to file a new bond or a rider to an existing bond that meets the requirements for a guardian of the person's bond under Section 1105.102, and may discharge the guardian of the person and the guardian's sureties on a bond required by Subsection (b).
Added by Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 14, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1151 - Rights, Powers, and Duties Under Guardianship › Subchapter B. Powers and Duties of Guardians Relating to Care of Ward › Section 1151.053. Commitment of Ward

Sec. 1151.053.  COMMITMENT OF WARD.  (a) Except as provided by Subsection (b) or (c), a guardian may not voluntarily admit a ward to a public or private inpatient psychiatric facility operated by the Department of State Health Services for care and treatment or to a residential facility operated by the Department of Aging and Disability Services for care and treatment.  If care and treatment in a psychiatric or residential facility is necessary, the ward or the ward's guardian may:
(1)  apply for services under Section 593.027 or 593.028, Health and Safety Code;
(2)  apply to a court to commit the person under Subtitle C or D, Title 7, Health and Safety Code, or Chapter 462, Health and Safety Code; or
(3)  transport the ward to an inpatient mental health facility for a preliminary examination in accordance with Subchapters A and C, Chapter 573, Health and Safety Code.
(b)  A guardian of a person younger than 18 years of age may voluntarily admit the ward to a public or private inpatient psychiatric facility for care and treatment.
(c)  A guardian of a person may voluntarily admit an incapacitated person to a residential care facility for emergency care or respite care under Section 593.027 or 593.028, Health and Safety Code.
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. 6.040, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1151 - Rights, Powers, and Duties Under Guardianship › Subchapter B. Powers and Duties of Guardians Relating to Care of Ward › Section 1151.054. Administration of Medication

Sec. 1151.054.  ADMINISTRATION OF MEDICATION.  (a) In this section, "psychoactive medication" has the meaning assigned by Section 574.101, Health and Safety Code.
(b)  The guardian of the person of a ward who is not a minor and who is under a protective custody order as provided by Subchapter B, Chapter 574, Health and Safety Code, may consent to the administration of psychoactive medication as prescribed by the ward's treating physician regardless of the ward's expressed preferences regarding treatment with psychoactive medication.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1151 - Rights, Powers, and Duties Under Guardianship › Subchapter B. Powers and Duties of Guardians Relating to Care of Ward › Section 1151.055. Application by Certain Relatives for Access to Ward; Hearing and Court Order

Sec. 1151.055.  APPLICATION BY CERTAIN RELATIVES FOR ACCESS TO WARD; HEARING AND COURT ORDER.  (a)  This section applies to a relative described under Sections 1101.001(b)(13)(A)-(D).
(b) A relative of a ward may file an application with the court requesting access to the ward, including the opportunity to establish visitation or communication with the ward.
(c)  Except as provided by Subsection (d), the court shall schedule a hearing on the application not later than the 60th day after the date an application is filed under Subsection (b).  The court may grant a continuance of a hearing under this section for good cause.
(d)  If an application under Subsection (b) states that the ward's health is in significant decline or that the ward's death may be imminent, the court shall conduct an emergency hearing as soon as practicable, but not later than the 10th day after the date the application is filed under Subsection (b).
(e)  The guardian of a ward with respect to whom an application is filed under Subsection (b) shall be personally served with a copy of the application and cited to appear at a hearing under:
(1)  Subsection (c) at least 21 days before the date of the hearing; and
(2)  Subsection (d) as soon as practicable.
(f)  The court shall issue an order after notice and a hearing under this section.  An order issued under this section may:
(1)  prohibit the guardian of a ward from preventing the applicant access to the ward if the applicant shows by a preponderance of the evidence that:
(A)  the guardian's past act or acts prevented access to the ward; and
(B)  the ward desires contact with the applicant; and
(2)  specify the frequency, time, place, location, and any other terms of access.
(g)  In deciding whether to issue or modify an order issued under this section, the court:
(1)  shall consider:
(A)  whether any protective orders have been issued against the applicant to protect the ward;
(B)  whether a court or other state agency has found that the applicant abused, neglected, or exploited the ward; and
(C)  the best interest of the ward; and
(2)  may consider whether:
(A)  visitation by the applicant should be limited to situations in which a third person, specified by the court, is present; or
(B)  visitation should be suspended or denied.
(h)  The court may, in its discretion, award the prevailing party in any action brought under this section court costs and attorney's fees, if any.  Court costs or attorney's fees awarded under this subsection may not be paid from the ward's estate.
Added by Acts 2015, 84th Leg., R.S., Ch. 1087 (H.B. 2665), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1151 - Rights, Powers, and Duties Under Guardianship › Subchapter C. General Powers and Duties of Guardians of the Estate › Section 1151.101. General Powers and Duties

Sec. 1151.101.  GENERAL POWERS AND DUTIES.  (a)  Subject to Subsection (b), the guardian of the estate of a ward is entitled to:
(1)  possess and manage all property belonging to the ward;
(2)  collect all debts, rentals, or claims that are due to the ward;
(3)  enforce all obligations in favor of the ward;
(4)  bring and defend suits by or against the ward; and
(5)  access the ward's digital assets as provided by Chapter 2001.
(b)  In the management of a ward's estate, the guardian of the estate is governed by the provisions of this title.
(c)  In this section, "digital asset" has the meaning assigned by Section 2001.002.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1151 - Rights, Powers, and Duties Under Guardianship › Subchapter C. General Powers and Duties of Guardians of the Estate › Section 1151.102. Exercise of Authority Under Court Order

Sec. 1151.102.  EXERCISE OF AUTHORITY UNDER COURT ORDER.  (a) The guardian of the estate may renew or extend any obligation owed by or to the ward on application and if authorized by order.
(b)  On written application to the court, a guardian of the estate may take an action described by Subsection (c) if:
(1)  the guardian considers the action in the best interests of the estate; and
(2)  the action is authorized by court order.
(c)  A guardian of the estate who complies with Subsection (b) may:
(1)  purchase or exchange property;
(2)  take a claim or property for the use and benefit of the estate in payment of a debt due or owing to the estate;
(3)  compound a bad or doubtful debt due or owing to the estate;
(4)  make a compromise or a settlement in relation to property or a claim in dispute or litigation;
(5)  compromise or pay in full any secured claim that has been allowed and approved as required by law against the estate by conveying to the holder of the secured claim the real estate or personal property securing the claim:
(A)  in full payment, liquidation, and satisfaction of the claim; and
(B)  in consideration of cancellation of a note, deed of trust, mortgage, chattel mortgage, or other evidence of a lien that secures the payment of the claim;
(6)  abandon worthless or burdensome property and the administration of that property;
(7)  purchase a prepaid funeral benefits contract; and
(8)  establish a trust in accordance with 42 U.S.C. Section 1396p(d)(4)(B), and direct that the income of the ward as defined by that section be paid directly to the trust, solely for the purpose of the ward's eligibility for medical assistance under Chapter 32, Human Resources Code.
(d)  A mortgagee, another secured party, or a trustee may foreclose on property abandoned under Subsection (c)(6) without further court order.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1151 - Rights, Powers, and Duties Under Guardianship › Subchapter C. General Powers and Duties of Guardians of the Estate › Section 1151.103. Exercise of Authority Without Court Order

Sec. 1151.103.  EXERCISE OF AUTHORITY WITHOUT COURT ORDER.  (a) The guardian of the estate of a ward may, without application to or order of the court:
(1)  release a lien on payment at maturity of the debt secured by the lien;
(2)  vote stocks by limited or general proxy;
(3)  pay calls and assessments;
(4)  insure the estate against liability in appropriate cases;
(5)  insure estate property against fire, theft, and other hazards; and
(6)  pay taxes, court costs, and bond premiums.
(b)  A guardian of the estate may apply and obtain a court order if the guardian doubts the propriety of the exercise of any power listed in Subsection (a).
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1151 - Rights, Powers, and Duties Under Guardianship › Subchapter C. General Powers and Duties of Guardians of the Estate › Section 1151.104. Authority to Commence Suits

Sec. 1151.104.  AUTHORITY TO COMMENCE SUITS.  (a)  The guardian of the estate of a ward appointed in this state may commence a suit for:
(1)  the recovery of personal property, debts, or damages; or
(2)  title to or possession of land, any right attached to or arising from that land, or injury or damage done.
(b)  A judgment in a suit described by Subsection (a) is conclusive, but may be set aside by any person interested for fraud or collusion on the guardian's part.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1151 - Rights, Powers, and Duties Under Guardianship › Subchapter C. General Powers and Duties of Guardians of the Estate › Section 1151.105. Ordinary Diligence Required

Sec. 1151.105.  ORDINARY DILIGENCE REQUIRED.  (a) If there is a reasonable prospect of collecting the claims or recovering the property, the guardian of the estate shall use ordinary diligence to:
(1)  collect all claims and debts due the ward; and
(2)  recover possession of all property to which the ward has claim or title.
(b)  If the guardian wilfully neglects to use ordinary diligence, the guardian and the sureties on the guardian's bond are liable, on the suit of any person interested in the estate, for the use of the estate, the amount of the claims, or the value of the property that has been lost due to the guardian's neglect.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1151 - Rights, Powers, and Duties Under Guardianship › Subchapter D. Possession and Care of Ward's Property by Guardian of the Estate › Section 1151.151. Duty of Care

Sec. 1151.151.  DUTY OF CARE.  (a)  The guardian of the estate shall take care of and manage the estate as a prudent person would manage the person's own property, except as otherwise provided by this title.
(b)  The guardian of the estate shall account for all rents, profits, and revenues that the estate would have produced by prudent management as required by Subsection (a).
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1151 - Rights, Powers, and Duties Under Guardianship › Subchapter D. Possession and Care of Ward's Property by Guardian of the Estate › Section 1151.152. Possession of Personal Property and Records

Sec. 1151.152.  POSSESSION OF PERSONAL PROPERTY AND RECORDS.  (a) Immediately after receiving letters of guardianship, the guardian of the estate shall collect and take possession of the ward's personal property, record books, title papers, and other business papers.
(b)  The guardian of the estate shall deliver the ward's  personal property, record books, title papers, and other business papers to a person legally entitled to that property when:
(1)  the guardianship has been closed; or
(2)  a successor guardian has received letters of guardianship.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1151 - Rights, Powers, and Duties Under Guardianship › Subchapter D. Possession and Care of Ward's Property by Guardian of the Estate › Section 1151.153. Possession of Property Held in Common Ownership

Sec. 1151.153.  POSSESSION OF PROPERTY HELD IN COMMON OWNERSHIP.  The guardian of the estate is entitled to possession of a ward's property held or owned in common with a part owner in the same manner as another owner in common or joint owner is entitled.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1151 - Rights, Powers, and Duties Under Guardianship › Subchapter D. Possession and Care of Ward's Property by Guardian of the Estate › Section 1151.154. Administration of Partnership Interest

Sec. 1151.154.  ADMINISTRATION OF PARTNERSHIP INTEREST. (a)  This section applies only to a general partnership governed by a partnership agreement or articles of partnership that provide that, on the incapacity of a partner, the guardian of the estate of the partner is entitled to the place of the incapacitated partner in the partnership.
(b)  If a ward was a partner in a general partnership, the guardian who contracts to come into the partnership is, to the extent allowed by law, liable to a third person only to the extent of:
(1)  the incapacitated partner's capital in the partnership; and
(2)  the assets of the incapacitated partner's estate that are held by the guardian.
(c)  This section does not exonerate a guardian from liability for the guardian's negligence.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1151 - Rights, Powers, and Duties Under Guardianship › Subchapter D. Possession and Care of Ward's Property by Guardian of the Estate › Section 1151.155. Operation or Rental of Farm, Ranch, Factory, or Other Business

Sec. 1151.155.  OPERATION OR RENTAL OF FARM, RANCH, FACTORY, OR OTHER BUSINESS.  (a) If the ward owns a farm, ranch, factory, or other business that is not required to be immediately sold for the payment of a debt or other lawful purpose, the guardian of the estate on order of the court shall, as it appears to be in the estate's best interests:
(1)  continue to operate, or cause the continued operation of, the farm, ranch, factory, or other business; or
(2)  rent the farm, ranch, factory, or other business.
(b)  In deciding whether to issue an order under Subsection (a), the court:
(1)  shall consider:
(A)  the condition of the estate; and
(B)  the necessity that may exist for the future sale of the property or business for the payment of a debt, claim, or other lawful expenditure; and
(2)  may not extend the time of renting any of the property beyond what appears consistent with the maintenance and education of a ward or the settlement of the ward's estate.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1151 - Rights, Powers, and Duties Under Guardianship › Subchapter E. Authority of Guardian to Engage in Certain Borrowing › Section 1151.201. Mortgage or Pledge of Estate Property Authorized in Certain Circumstances

Sec. 1151.201.  MORTGAGE OR PLEDGE OF ESTATE PROPERTY AUTHORIZED IN CERTAIN CIRCUMSTANCES.  (a) Under court order, the guardian may mortgage or pledge any property of a guardianship estate by deed of trust or otherwise as security for an indebtedness when necessary for:
(1)  the payment of any ad valorem, income, gift, or transfer tax due from a ward, regardless of whether the tax is assessed by a state, a political subdivision of the state, the federal government, or a foreign country;
(2)  the payment of any expense of administration, including amounts necessary for the operation of a business, farm, or ranch owned by the estate;
(3)  the payment of any claim allowed and approved, or established by suit, against the ward or the ward's estate;
(4)  the renewal and extension of an existing lien;
(5)  an improvement or repair to the ward's real estate if:
(A)  the real estate is not revenue producing but could be made revenue producing by certain improvements and repairs; or
(B)  the revenue from the real estate could be increased by making improvements or repairs to the real estate;
(6)  the purchase of a residence for the ward or a dependent of the ward, if the court finds that borrowing money for that purpose is in the ward's best interests; and
(7)  funeral expenses of the ward and expenses of the ward's last illness, if the guardianship is kept open after the ward's death.
(b)  Under court order, the guardian of the estate may also receive an extension of credit on the ward's behalf that is wholly or partly secured by a lien on real property that is the ward's homestead when necessary to:
(1)  make an improvement or repair to the homestead; or
(2)  pay for the ward's education or medical expenses.
(c)  Proceeds of a home equity loan described by  Subsection (b) may be used only for the purposes authorized under Subsection (b) and to pay the outstanding balance of the loan.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1151 - Rights, Powers, and Duties Under Guardianship › Subchapter E. Authority of Guardian to Engage in Certain Borrowing › Section 1151.202. Application; Order

Sec. 1151.202.  APPLICATION; ORDER. (a)  The guardian of the estate must file a sworn application with the court for authority to:
(1)  borrow money for a purpose authorized by Section 1151.201(a) or (b); or
(2)  create or extend a lien on estate property as security.
(b)  The application must state fully and in detail the circumstances that the guardian of the estate believes make the granting of the authority necessary.
(c)  On the filing of an application under Subsection (a), the clerk shall issue and have posted a citation to all interested persons stating the nature of the application and requiring the interested persons to appear and show cause why the application should not be granted.
(d)  If the court is satisfied by the evidence presented at the hearing on an application filed under Subsection (a) that it is in the interest of the ward or the ward's estate to borrow money or to extend and renew an existing lien, the court shall issue an order to that effect, setting out the terms of the authority granted.
(e)  If a new lien is created on guardianship estate property, the court may require, for the protection of the guardianship estate and the estate's creditors, that the guardian's general bond be increased or an additional bond be given, as for the sale of real property belonging to the estate.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1151 - Rights, Powers, and Duties Under Guardianship › Subchapter E. Authority of Guardian to Engage in Certain Borrowing › Section 1151.203. Term of Loan or Renewal

Sec. 1151.203.  TERM OF LOAN OR RENEWAL.  The term of a loan or renewal authorized under Section 1151.202 must be for the length of time that the court determines to be in the best interests of the ward or the ward's estate.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1151 - Rights, Powers, and Duties Under Guardianship › Subchapter F. Guardians Appointed for Ward to Receive Government Funds › Section 1151.251. Powers and Duties of Guardian Appointed as Necessary for Ward to Receive Government Funds

Sec. 1151.251.  POWERS AND DUTIES OF GUARDIAN APPOINTED AS NECESSARY FOR WARD TO RECEIVE GOVERNMENT FUNDS.  (a) A guardian of the person for whom it is necessary to have a guardian appointed to receive funds from a governmental source may:
(1)  administer only:
(A)  the funds received from the governmental source;
(B)  all earnings, interest, or profits derived from the funds; and
(C)  all property acquired with the funds; and
(2)  receive the funds and pay the expenses of administering the guardianship and the expenses for the support, maintenance, or education of the ward or the ward's dependents.
(b)  Expenditures under Subsection (a)(2) for the support, maintenance, or education of the ward or the ward's dependents may not exceed $12,000 during any 12-month period without the court's approval.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1151 - Rights, Powers, and Duties Under Guardianship › Subchapter F. Guardians Appointed for Ward to Receive Government Funds › Section 1151.252. Validation of Certain Prior Acts of Guardian

Sec. 1151.252.  VALIDATION OF CERTAIN PRIOR ACTS OF GUARDIAN.  An act performed before September 1, 1993, by a guardian of the estate of a person for whom it is necessary to have a guardian appointed to receive and disburse funds that are due the person from a governmental source is validated if the act was performed in conformance with an order of a court that has venue with respect to the support, maintenance, and education of the ward or the ward's dependents and the investment of surplus funds of the ward under this title and if the validity of the act was not an issue in a probate proceeding or civil lawsuit that was pending on September 1, 1993.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1151 - Rights, Powers, and Duties Under Guardianship › Subchapter G. Notice by Guardian to Department of Veterans Affairs › Section 1151.301. Notice of Filing Required; Hearing Date

Sec. 1151.301.  NOTICE OF FILING REQUIRED; HEARING DATE.  (a)  This section applies only to:
(1)  a filing by a guardian whose ward is a beneficiary of the Department of Veterans Affairs of:
(A)  an annual or other account of funds; or
(B)  an application for the expenditure or investment of funds; or
(2)  a filing of a claim against the estate of a ward who is a beneficiary of the Department of Veterans Affairs.
(b)  The court shall set a date for a hearing of a matter initiated by a filing to which this section applies not earlier than 20 days from the date of the filing.
(c)  Not later than the fifth day after the date of a filing to which this section applies, the person who makes the filing shall give notice of the date of the filing by mailing a certified copy of the filing to the office of the Department of Veterans Affairs in whose territory the court is located.
(d)  An office of the Department of Veterans Affairs through its attorney may waive the service of notice or the time required for setting a hearing under this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1152 - Guardianship Pending Appeal of Appointment › Section 1152.001. Guardian to Serve Pending Appeal of Appointment

Sec. 1152.001.  GUARDIAN TO SERVE PENDING APPEAL OF APPOINTMENT.  Pending an appeal from an order or judgment appointing a guardian, the appointee shall continue to:
(1)  act as guardian; and
(2)  prosecute a pending suit in favor of the guardianship.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1152 - Guardianship Pending Appeal of Appointment › Section 1152.002. Appeal Bond

Sec. 1152.002.  APPEAL BOND.  (a)  Except as provided by Subsection (b), if a guardian appeals, an appeal bond is not required.
(b)  A guardian must give an appeal bond if the appeal personally concerns the guardian.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1153 - Notice to Claimants › Section 1153.001. Required Notice Regarding Presentment of Claims in General

Sec. 1153.001.  REQUIRED NOTICE REGARDING PRESENTMENT OF CLAIMS IN GENERAL.  (a)  Within one month after receiving letters of guardianship, a guardian of an estate shall provide notice requiring each person who has a claim against the estate to present the claim within the period prescribed by law.  The notice must be:
(1)  published in a newspaper of general circulation in the county in which the letters were issued; and
(2)  sent to the comptroller by a qualified delivery method, if the ward remitted or should have remitted taxes administered by the comptroller.
(b)  Notice provided under Subsection (a) must include:
(1)  the date the letters of guardianship were issued to the guardian of the estate;
(2)  the address to which a claim may be presented; and
(3)  an instruction of the guardian's choice that the claim be addressed in care of:
(A)  the guardian;
(B)  the guardian's attorney; or
(C)  "Guardian, Estate of ____________" (naming the estate).
(c)  If there is no newspaper of general circulation in the county in which the letters of guardianship were issued, the notice must be posted and the return made and filed as otherwise required by this title.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 33, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 123 (H.B. 785), Sec. 10, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 15, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1153 - Notice to Claimants › Section 1153.002. Proof of Publication

Sec. 1153.002.  PROOF OF PUBLICATION.  A copy of the published notice required by Section 1153.001(a)(1), with the publisher's affidavit, sworn to and subscribed before a proper officer, to the effect that the notice was published as provided in this title for the service of citation or notice by publication, shall be filed in the court in which the cause is pending.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1153 - Notice to Claimants › Section 1153.003. Required Notice to Certain Claimants

Sec. 1153.003.  REQUIRED NOTICE TO CERTAIN CLAIMANTS.  (a) Within four months after receiving letters of guardianship, the guardian of an estate shall give notice of the issuance of the letters to each person who has a claim for money against the ward's estate:
(1)  that is secured by a deed of trust, mortgage, or vendor's, mechanic's, or other contractor's lien on real estate belonging to the estate; or
(2)  about which the guardian has actual knowledge.
(b)  Notice provided under this section must be:
(1)  sent by a qualified delivery method; and
(2)  addressed to the record holder of the claim at the record holder's last known post office address.
(c)  The following shall be filed in the court from which the letters of guardianship were issued:
(1)  a copy of each notice required by Subsection (a)(1) with the return receipt or other proof of delivery, if available; and
(2)  the guardian's affidavit stating:
(A)  that the notice was sent as required by law; and
(B)  the name of the person to whom the notice was sent, if that name is not shown on the notice or receipt.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 123 (H.B. 785), Sec. 11, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 16, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1153 - Notice to Claimants › Section 1153.004. Permissive Notice to Unsecured Creditor Regarding Period for Presentment of Claim

Sec. 1153.004.  PERMISSIVE NOTICE TO UNSECURED CREDITOR REGARDING PERIOD FOR PRESENTMENT OF CLAIM.  The guardian of the estate may expressly state in a notice given to an unsecured creditor under Section 1153.003(a)(2) that the creditor must present a claim not later than the 120th day after the date the creditor receives the notice or the claim is barred, if the claim is not barred by the general statutes of limitation.  A statement under this section must include:
(1)  the address to which the claim may be presented;  and
(2)  an instruction that the claim be filed with the clerk of the court that issued the letters of guardianship.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1153 - Notice to Claimants › Section 1153.005. One Notice Sufficient; Liability for Failure to Give Required Notice

Sec. 1153.005.  ONE NOTICE SUFFICIENT; LIABILITY FOR FAILURE TO GIVE REQUIRED NOTICE.  (a)  A guardian of an estate is not required to give a notice required by Section 1153.001 or 1153.003 if another person also appointed as guardian or a former guardian has given that notice.
(b)  If the guardian fails to give a notice required by other sections of this title or to cause the notice to be given, the guardian and the sureties on the guardian's bond are liable for any damage a person suffers because of the neglect, unless it appears that the person otherwise had notice.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 17, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1154 - Inventory, Appraisement, and List of Claims › Subchapter A. Appraisers › Section 1154.001. Appointment of Appraisers

Sec. 1154.001.  APPOINTMENT OF APPRAISERS.  (a)  After letters of guardianship of the estate are granted, the court, for good cause shown, on the court's own motion or the motion of any interested person, shall appoint at least one but not more than three disinterested persons who are residents of the county in which the letters were granted to appraise the ward's property.
(b)  If the court makes an appointment under Subsection (a) and part of the estate is located in a county other than the county in which the letters were granted, the court, if the court considers it necessary, may appoint at least one but not more than three disinterested persons who are residents of the county in which the relevant part of the estate is located to appraise the estate property located in that county.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1154 - Inventory, Appraisement, and List of Claims › Subchapter A. Appraisers › Section 1154.002. Appraisers' Fees

Sec. 1154.002.  APPRAISERS' FEES.  An appraiser appointed by the court is entitled to receive a reasonable fee, payable out of the estate, for the performance of the appraiser's duties as an appraiser.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1154 - Inventory, Appraisement, and List of Claims › Subchapter A. Appraisers › Section 1154.003. Failure or Refusal to Act by Appraisers

Sec. 1154.003.  FAILURE OR REFUSAL TO ACT BY APPRAISERS.  If an appraiser appointed under Section 1154.001 fails or refuses to act, the court shall remove the appraiser and appoint one or more appraisers.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1154 - Inventory, Appraisement, and List of Claims › Subchapter B. Requirements for Inventory, Appraisement, and List of Claims › Section 1154.051. Inventory and Appraisement

Sec. 1154.051.  INVENTORY AND APPRAISEMENT.  (a)  Not later than the 30th day after the date the guardian of the estate qualifies, unless a longer period is granted by the court, the guardian shall file with the court clerk a single written instrument that contains a verified, full, and detailed inventory of all the ward's property that has come into the guardian's possession or of which the guardian has knowledge.  The inventory must:
(1)  include:
(A)  all the ward's real property located in this state; and
(B)  all the ward's personal property regardless of where the property is located; and
(2)  specify:
(A)  which portion of the property is separate property and which is community property; and
(B)  if the property is owned in common with other persons, the ward's interest in that property.
(b)  The guardian shall:
(1)  set out in the inventory the guardian's appraisement of the fair market value of each item in the inventory on the date of the grant of letters of guardianship; or
(2)  if the court has appointed an appraiser for the estate:
(A)  determine the fair market value of each item in the inventory with the assistance of the appraiser; and
(B)  set out in the inventory the appraisement made by the appraiser.
(c)  The court for good cause shown may require the guardian to file the inventory and appraisement not later than the 30th day after the date of qualification of the guardian.
(d)  The inventory, when approved by the court and filed with the court clerk, is for all purposes the inventory and appraisement of the estate referred to in this title.
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. 6.041, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1154 - Inventory, Appraisement, and List of Claims › Subchapter B. Requirements for Inventory, Appraisement, and List of Claims › Section 1154.052. List of Claims

Sec. 1154.052.  LIST OF CLAIMS.  The guardian of the estate shall make and attach to the inventory and appraisement required by Section 1154.051 a complete list of claims due or owing to the ward.  The list of claims must state:
(1)  the name and, if known, address of each person indebted to the ward; and
(2)  regarding each claim:
(A)  the nature of the debt, whether it is a note, bill, bond, or other written obligation, or whether it is an account or verbal contract;
(B)  the date the debt was incurred;
(C)  the date the debt was or is due;
(D)  the amount of the claim, the rate of interest on the claim, and the period for which the claim bears interest; and
(E)  if any portion of the claim is held in common with others, the interest of the estate in the claim.
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. 6.042, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1154 - Inventory, Appraisement, and List of Claims › Subchapter B. Requirements for Inventory, Appraisement, and List of Claims › Section 1154.053. Affidavit of Guardian

Sec. 1154.053.  AFFIDAVIT OF GUARDIAN.  The guardian of the estate shall attach to the inventory, appraisement, and list of claims the guardian's affidavit, subscribed and sworn to before an officer in the county authorized by law to administer oaths, that the inventory, appraisement, and list of claims are a true and complete statement of the property and claims of the estate of which the guardian has knowledge.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1154 - Inventory, Appraisement, and List of Claims › Subchapter B. Requirements for Inventory, Appraisement, and List of Claims › Section 1154.054. Approval or Disapproval by the Court

Sec. 1154.054.  APPROVAL OR DISAPPROVAL BY THE COURT.  (a)  On the filing of the inventory, appraisement, and list of claims with the court clerk, the judge shall examine and approve or disapprove the inventory, appraisement, and list of claims.
(b)  If the judge approves the inventory, appraisement, and list of claims, the judge shall enter an order to that effect.
(c)  If the judge does not approve the inventory, appraisement, or list of claims, the judge:
(1)  shall enter an order to that effect requiring the filing of another inventory, appraisement, or list of claims, whichever is not approved, within a period specified in the order not to exceed 20 days after the date the order is entered; and
(2)  may, if considered necessary, appoint new appraisers.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1154 - Inventory, Appraisement, and List of Claims › Subchapter B. Requirements for Inventory, Appraisement, and List of Claims › Section 1154.055. Failure of Joint Guardians to File Inventory, Appraisement, and List of Claims

Sec. 1154.055.  FAILURE OF JOINT GUARDIANS TO FILE INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS.  (a)  If more than one guardian of the estate qualifies to serve, any one or more of the guardians, on the neglect of the other guardians, may make and file an inventory, appraisement, and list of claims.
(b)  A guardian who neglects to make or file an inventory, appraisement, and list of claims may not interfere with and does not have any power over the estate after another guardian makes and files an inventory, appraisement, and list of claims.
(c)  The guardian who files the inventory, appraisement, and list of claims is entitled to the whole administration unless, not later than the 60th day after the date the guardian files the inventory, appraisement, and list of claims, each of the delinquent guardians files with the court a written, sworn, and reasonable excuse that the court considers satisfactory.  The court shall enter an order removing one or more delinquent guardians and revoking those guardians' letters if:
(1)  an excuse is not filed; or
(2)  the court does not consider the filed excuse sufficient.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1154 - Inventory, Appraisement, and List of Claims › Subchapter C. Changes to Inventory, Appraisement, and List of Claims › Section 1154.101. Discovery of Additional Property or Claims

Sec. 1154.101.  DISCOVERY OF ADDITIONAL PROPERTY OR CLAIMS.  If after the filing of the inventory, appraisement, and list of claims the guardian of the estate acquires possession or knowledge of property or claims of the estate not included in the inventory, appraisement, and list of claims, the guardian shall promptly file with the court clerk a verified, full, and detailed supplemental inventory, appraisement, and list of claims.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1154 - Inventory, Appraisement, and List of Claims › Subchapter C. Changes to Inventory, Appraisement, and List of Claims › Section 1154.102. Additional Inventory and Appraisement or List of Claims

Sec. 1154.102.  ADDITIONAL INVENTORY AND APPRAISEMENT OR LIST OF CLAIMS.  (a)  On the written complaint of any interested person that property or claims of the estate have not been included in the filed inventory, appraisement, and list of claims, the guardian of the estate shall be cited to appear before the court in which the cause is pending and show cause why the guardian should not be required to make and file an additional inventory and appraisement or list of claims, or both.
(b)  After hearing the complaint, if the court is satisfied of the truth of the complaint, the court shall enter an order requiring the guardian to make and file an additional inventory and appraisement or list of claims, or both.  The additional inventory and appraisement or list of claims:
(1)  must be made and filed in the same manner as the original inventory and appraisement or list of claims within the period prescribed by the court, not to exceed 20 days after the date of the order; and
(2)  may include only property or claims not previously included in the inventory and appraisement or list of claims.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.