reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1162 - Tax-Motivated, Charitable, Nonprofit, and Other Gifts › Subchapter A. Certain Gifts and Transfers › Section 1162.007. Hearing on Application for Inspection; Inspection

Sec. 1162.007.  HEARING ON APPLICATION FOR INSPECTION; INSPECTION.  (a)  After the 10th day after the date on which the applicant complies with the notice requirement under Section 1162.006, the applicant may request that a hearing be held on the application.  Notice of the date, time, and place of the hearing must be given by the applicant to each person described by Section 1162.006(a)(1) when the court sets a date for a hearing on the application.
(b)  After the conclusion of a hearing on the application for inspection and on a finding that good cause exists for an in camera inspection of a requested instrument, the court shall direct the person that has custody of the requested will, codicil, trust, or other estate planning instrument to deliver a copy of the instrument to the court for in camera inspection only.  After conducting an in camera inspection of the instrument, the court, if good cause exists, shall release all or part of the instrument to the applicant only for the purpose described by Section 1162.005(a).
(c)  An attorney does not violate the attorney-client privilege solely by complying with a court order to release an instrument subject to this section and Sections 1162.005 and 1162.006.  Notwithstanding Section 22.004, Government Code, the supreme court may not amend or adopt rules in conflict with this subsection.
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 1162 - Tax-Motivated, Charitable, Nonprofit, and Other Gifts › Subchapter A. Certain Gifts and Transfers › Section 1162.008. Guardian Ad Litem

Sec. 1162.008.  GUARDIAN AD LITEM. The court may appoint a guardian ad litem for the ward or an interested party at any stage of proceedings under this subchapter if it is considered advisable for the protection of the ward or the interested party.
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 1162 - Tax-Motivated, Charitable, Nonprofit, and Other Gifts › Subchapter B. Charitable and Nonprofit Gifts › Section 1162.051. Application to Make Gift

Sec. 1162.051.  APPLICATION TO MAKE GIFT.  The guardian of the estate may at any time file with the county clerk the guardian's sworn, written application requesting from the court in which the guardianship is pending an order authorizing the guardian to contribute from the income of the ward's estate the specific amount of money stated in the application to one or more designated:
(1)  corporations, trusts, or community chests, funds, or foundations, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes; or
(2)  nonprofit federal, state, county, or municipal projects operated exclusively for public health or welfare.
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 1162 - Tax-Motivated, Charitable, Nonprofit, and Other Gifts › Subchapter B. Charitable and Nonprofit Gifts › Section 1162.052. Hearing on Application to Make Gift

Sec. 1162.052.  HEARING ON APPLICATION TO MAKE GIFT.  (a)  The county clerk shall immediately call the filing of an application under Section 1162.051 to the attention of the judge of the court.
(b)  The judge shall designate, by written order filed with the clerk, a day to hear the application.  The application must remain on file for at least 10 days before the hearing is held.
(c)  The judge may postpone or continue the hearing from time to time until the judge is satisfied concerning the application.
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 1162 - Tax-Motivated, Charitable, Nonprofit, and Other Gifts › Subchapter B. Charitable and Nonprofit Gifts › Section 1162.053. Order Authorizing Gift

Sec. 1162.053.  ORDER AUTHORIZING GIFT.  On the conclusion of a hearing under Section 1162.052, the court may enter an order authorizing the guardian to make a contribution from the income of the ward's estate to a particular donee designated in the application and order if the court is satisfied and finds from the evidence that:
(1)  the amount of the proposed contribution stated in the application will probably not exceed 20 percent of the net income of the ward's estate for the current calendar year;
(2)  the net income of the ward's estate for the current calendar year exceeds, or probably will exceed, $25,000;
(3)  the full amount of the contribution, if made, will probably be deductible from the ward's gross income in determining the net income of the ward under applicable federal income tax laws and rules;
(4)  the condition of the ward's estate justifies a contribution in the proposed amount; and
(5)  the proposed contribution is reasonable in amount and is for a worthy cause.
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 1163 - Annual Account and Other Exhibits and Reports › Subchapter A. Annual Account and Other Exhibits by Guardian of the Estate › Section 1163.001. Initial Annual Account of Estate

Sec. 1163.001.  INITIAL ANNUAL ACCOUNT OF ESTATE.  (a)  Not later than the 60th day after the first anniversary of the date the guardian of the estate of a ward qualifies, unless the court extends that period, the guardian shall file with the court an account consisting of a written exhibit made under oath that:
(1)  lists all claims against the estate presented to the guardian during the period covered by the account; and
(2)  specifies:
(A)  which claims have been:
(i)  allowed by the guardian;
(ii)  paid by the guardian; or
(iii)  rejected by the guardian and the date the claims were rejected; and
(B)  which claims have been the subject of a lawsuit and the status of that lawsuit.
(b)  The account must:
(1)  show all property that has come to the guardian's knowledge or into the guardian's possession that was not previously listed or inventoried as the ward's property;
(2)  show any change in the ward's property that was not previously reported;
(3)  provide a complete account of receipts and disbursements for the period covered by the account, including the source and nature of the receipts and disbursements, with separate listings for principal and income receipts;
(4)  provide a complete, accurate, and detailed description of:
(A)  the property being administered;
(B)  the condition of the property and the use being made of the property; and
(C)  if rented, the terms on which and the price for which the property was rented;
(5)  show the cash balance on hand and the name and location of the depository where the balance is kept;
(6)  show any other cash held in a savings account or other manner that was deposited subject to court order and the name and location of the depository for that cash; and
(7)  provide a detailed description of the personal property of the estate that shows how and where the property is held for safekeeping.
(c)  For bonds, notes, and other securities, the description required by Subsection (b)(7) must include:
(1)  the names of the obligor and obligee or, if payable to bearer, a statement that the bond, note, or other security is payable to bearer;
(2)  the date of issue and maturity;
(3)  the interest rate;
(4)  the serial number or other identifying numbers;
(5)  the manner in which the property is secured; and
(6)  other information necessary to fully identify the bond, note, or other security.
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 1163 - Annual Account and Other Exhibits and Reports › Subchapter A. Annual Account and Other Exhibits by Guardian of the Estate › Section 1163.002. Annual Account Required Until Estate Closed

Sec. 1163.002.  ANNUAL ACCOUNT REQUIRED UNTIL ESTATE CLOSED.  (a)  A guardian of the estate shall file an annual account conforming to the essential requirements of Section 1163.001 regarding changes in the estate assets occurring since the date the most recent previous account was filed.
(b)  The annual account must be filed in a manner that allows the court or an interested person to ascertain the true condition of the estate, with respect to money, securities, and other property, by adding to the balances forwarded from the most recent previous account the amounts received during the period covered by the account and subtracting the disbursements made during that period.
(c)  The description of property sufficiently described in an inventory or previous account may be made in the annual account by reference to the property.
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 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1164 - Liability of Guardian or Guardianship Program › Section 1164.001. Liability of Guardian

Sec. 1164.001.  LIABILITY OF GUARDIAN.  A person is not liable to a third person solely because the person has been appointed guardian of a ward under this title.
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 1164 - Liability of Guardian or Guardianship Program › Section 1164.002. Immunity of Guardianship Program

Sec. 1164.002.  IMMUNITY OF GUARDIANSHIP PROGRAM.  A guardianship program is not liable for civil damages arising from an action taken or omission made by a person while providing guardianship services to a ward on behalf of the guardianship program, unless the action or omission was:
(1)  wilfully wrongful;
(2)  taken or made:
(A)  with conscious indifference to or reckless disregard for the safety of the ward or another;
(B)  in bad faith; or
(C)  with malice; or
(3)  grossly negligent.
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 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; Hearing

Sec. 1201.052.  ANNUAL DETERMINATION; HEARING.  (a)  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.
(b)  A court in which the guardianship proceeding is pending may conduct 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 939 (S.B. 1624), Sec. 11, eff. September 1, 2023.
2023 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 shall review any:
(1)  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)  annual account prepared under Subchapter A, Chapter 1163; and
(3)  report prepared under Subchapter C, Chapter 1163.
(a-1)  Unless a court orders that a report be completed more frequently, if a report described by Subsection (a)(1) is required under Section 1054.153 or 1054.104, the court investigator or court visitor, as appropriate, shall prepare an additional report described by Subsection (a)(1) every three years beginning on the date the original letters of guardianship are issued.
(a-2)  Before preparing an additional report under Subsection (a-1), the court investigator or court visitor, as appropriate, shall:
(1)  meet with the ward in person, using necessary and appropriate communication supports;
(2)  present the bill of rights for wards under Section 1151.351 to the ward in the ward's preferred language and manner of communication;
(3)  document the ward's statement of guardianship, as described by Subsection (a-3); and
(4)  document the supports and services currently available to the ward and whether the guardian's rights and powers can be limited because a less restrictive alternative to guardianship is appropriate.
(a-3)  The ward's statement of guardianship:
(1)  must include:
(A)  whether the ward desires a full restoration of the ward's capacity or modification of the ward's guardianship; and
(B)  any other information the ward wishes to share with the court; and
(2)  may be in the form of:
(A)  a written statement made by the ward and filed with the court by the court investigator or court visitor preparing the report;
(B)  a verbal statement made to the court investigator or court visitor, as applicable, that is documented in writing and filed with the court by the person receiving the statement; or
(C)  a verbal or written statement made by the ward during a hearing either in person or remotely through other means.
(b)  A court that is not a statutory probate court:
(1)  shall review:
(A)  any account prepared under Subchapter A, Chapter 1163; and
(B)  any report prepared under Subchapter C, Chapter 1163 or Subsection (a-1); and
(2)  may use any other 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 939 (S.B. 1624), Sec. 12, eff. September 1, 2023.
2023 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.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1202 - Modification or Termination of Guardianship › Subchapter A. Termination and Settlement of Guardianship › Section 1202.001. Term of Guardian or Guardianship

Sec. 1202.001.  TERM OF GUARDIAN OR GUARDIANSHIP.  (a)  Unless otherwise discharged as provided by law, a guardian remains in office until the estate is closed.
(b)  A guardianship shall be settled and closed when the ward:
(1)  dies and, if the ward was married, the ward's spouse qualifies as survivor in community;
(2)  is found by the court to have full capacity, or sufficient capacity with supports and services, to care for himself or herself and to manage the ward's property;
(3)  is no longer a minor; or
(4)  no longer must have a guardian appointed to receive funds due the ward from any governmental source.
(c)  Except for an order issued under Section 1101.153(a-1), an order appointing a guardian or a successor guardian may specify a period of not more than one year during which a petition for adjudication that the ward no longer requires the guardianship may not be filed without special leave.
(d)  A request for an order under this section may be made by informal letter to the court.  A person who knowingly interferes with the transmission of the request to the court may be adjudged guilty of contempt of court.
(e)  If a nonresident guardian of a nonresident ward qualifies as guardian under this title, any resident guardian's guardianship may be terminated.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1202 - Modification or Termination of Guardianship › Subchapter A. Termination and Settlement of Guardianship › Section 1202.002. Termination of Guardianship if Parent Is No Longer Incapacitated

Sec. 1202.002.  TERMINATION OF GUARDIANSHIP IF PARENT IS NO LONGER INCAPACITATED.  (a)  The powers of a person appointed to serve as the designated guardian of the person or estate, or both, of a minor child solely because of the incapacity of the minor's surviving parent and in accordance with Section 1104.053 and Subchapter D, Chapter 1104, terminate when a probate court enters an order finding that the surviving parent is no longer an incapacitated person.
(b)  The powers of a person appointed to serve as the designated guardian of the person or estate, or both, of an adult individual solely because of the incapacity of the individual's surviving parent and in accordance with Section 1104.103 and Subchapter D, Chapter 1104, terminate when a probate court enters an order finding that the surviving parent is no longer an incapacitated person and reappointing the surviving parent as the individual's 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 F - Evaluation, Modification, or Termination of Guardianship › Chapter 1202 - Modification or Termination of Guardianship › Subchapter A. Termination and Settlement of Guardianship › Section 1202.003. Termination of Guardianship of Estate on Establishment of Able Account by Certain Persons

Sec. 1202.003.  TERMINATION OF GUARDIANSHIP OF ESTATE ON ESTABLISHMENT OF ABLE ACCOUNT BY CERTAIN PERSONS.  On application by the guardian of the estate of a ward or another person interested in the ward's welfare, the court may order that the guardianship of the estate of the ward terminate and be settled and closed if the court finds that the ward no longer needs a guardian of the estate because all of the ward's assets have been placed in an ABLE account established in accordance with the Texas Achieving a Better Life Experience (ABLE) Program under Subchapter J, Chapter 54, Education Code, and the ward is the designated beneficiary of the account.
Added by Acts 2017, 85th Leg., R.S., Ch. 938 (S.B. 1764), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1202 - Modification or Termination of Guardianship › Subchapter B. Application for Complete Restoration of Ward's Capacity or Modification of Guardianship › Section 1202.051. Application Authorized

Sec. 1202.051.  APPLICATION AUTHORIZED.  (a)  Notwithstanding Section 1055.003, a ward or any person interested in the ward's welfare may file a written application with the court for an order:
(1)  finding that the ward is no longer an incapacitated person and ordering the settlement and closing of the guardianship;
(2)  finding that the ward lacks the capacity, or lacks sufficient capacity with supports and services, to do some or all of the tasks necessary to provide food, clothing, or shelter for himself or herself, to care for the ward's own physical health, or to manage the ward's own financial affairs and granting additional powers or duties to the guardian; or
(3)  finding that the ward has the capacity, or sufficient capacity with supports and services, to do some, but not all, of the tasks necessary to provide food, clothing, or shelter for himself or herself, to care for the ward's own physical health, or to manage the ward's own financial affairs and:
(A)  limiting the guardian's powers or duties; and
(B)  permitting the ward to care for himself or herself, make personal decisions regarding residence, or manage the ward's own financial affairs commensurate with the ward's ability, with or without supports and services.
(b)  If the guardian of a ward who is the subject of an application filed under Subsection (a) has resigned, was removed, or has died, the court may not require the appointment of a successor guardian before considering the application.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 16, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 935 (S.B. 1710), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1202 - Modification or Termination of Guardianship › Subchapter B. Application for Complete Restoration of Ward's Capacity or Modification of Guardianship › Section 1202.052. Contents of Application

Sec. 1202.052.  CONTENTS OF APPLICATION.  An application filed under Section 1202.051 must be sworn to by the applicant and must state:
(1)  the ward's name, sex, date of birth, and address;
(2)  the name and address of any person serving as guardian of the person of the ward on the date the application is filed;
(3)  the name and address of any person serving as guardian of the estate of the ward on the date the application is filed;
(4)  the nature and description of the ward's guardianship;
(5)  the specific areas of protection and assistance and any limitation of rights that exist;
(6)  whether the relief being sought is:
(A)  a restoration of the ward's capacity because the ward is no longer an incapacitated person;
(B)  the granting of additional powers or duties to the guardian; or
(C)  the limitation of powers granted to or duties performed by the guardian;
(7)  if the relief being sought under the application is described by Subdivision (6)(B) or (C):
(A)  the nature and degree of the ward's incapacity;
(B)  the specific areas of protection and assistance to be provided to the ward and requested to be included in the court's order; and
(C)  any limitation of the ward's rights requested to be included in the court's order;
(8)  the approximate value and description of the ward's property, including any compensation, pension, insurance, or allowance to which the ward is or may be entitled; and
(9)  if the ward is 60 years of age or older, the names and addresses, to the best of the applicant's knowledge, of the ward's spouse, siblings, and children or, if there is no known spouse, sibling, or child, the names and addresses of the ward's next of kin.
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 F - Evaluation, Modification, or Termination of Guardianship › Chapter 1202 - Modification or Termination of Guardianship › Subchapter B. Application for Complete Restoration of Ward's Capacity or Modification of Guardianship › Section 1202.053. Citation Required

Sec. 1202.053.  CITATION REQUIRED.  When an application is filed under Section 1202.051, citation shall be served on:
(1)  the ward's guardian; and
(2)  the ward if the ward is not the applicant.
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 F - Evaluation, Modification, or Termination of Guardianship › Chapter 1202 - Modification or Termination of Guardianship › Subchapter B. Application for Complete Restoration of Ward's Capacity or Modification of Guardianship › Section 1202.054. Informal Request for Order by Ward; Investigation and Report

Sec. 1202.054.  INFORMAL REQUEST FOR ORDER BY WARD; INVESTIGATION AND REPORT.  (a)  A ward may request an order under Section 1202.051 by informal letter to the court.  A person who knowingly interferes with the transmission of the request to the court may be adjudged guilty of contempt of court.
(b)  On receipt of an informal letter under Subsection (a), the court shall appoint the court investigator or a guardian ad litem to investigate the ward's circumstances, including any circumstances alleged in the letter, to determine whether:
(1)  the ward is no longer an incapacitated person; or
(2)  a modification of the guardianship is necessary.
Without reference to the amendment of this subsection, this subsection was repealed by Acts 2023, 88th Leg., R.S., Ch. 939 (S.B. 1624), Sec. 19, eff. September 1, 2023.
(b-1)  A written letter or certificate from a physician or advanced practice registered nurse as described by Section 1202.152 is not required before the appointment of the court investigator or a guardian ad litem under Subsection (b).
(b-2)  Not later than the 30th day after the date the court receives an informal letter from a ward under Subsection (a), the court shall send the ward a letter by a qualified delivery method:
(1)  acknowledging receipt of the informal letter; and
(2)  advising the ward of the date on which the court appointed the court investigator or guardian ad litem as required under Subsection (b) and the contact information for the court investigator or guardian ad litem.
(c)  The court investigator or guardian ad litem shall file with the court and provide to the ward a report of the investigation's findings and conclusions.  If the court investigator or guardian ad litem determines that it is in the best interest of the ward to terminate or modify the guardianship, the court investigator or guardian ad litem shall file an application under Section 1202.051 on the ward's behalf.
(d)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 939 (S.B. 1624), Sec. 19, eff. September 1, 2023.
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. 935 (S.B. 1710), Sec. 2, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 123 (H.B. 785), Sec. 15, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 22, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 939 (S.B. 1624), Sec. 19, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 1012 (H.B. 3009), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle F - Evaluation, Modification, or Termination of Guardianship › Chapter 1202 - Modification or Termination of Guardianship › Subchapter B. Application for Complete Restoration of Ward's Capacity or Modification of Guardianship › Section 1202.055. Restriction on Subsequent Application Regarding Capacity or Modification

Sec. 1202.055.  RESTRICTION ON SUBSEQUENT APPLICATION REGARDING CAPACITY OR MODIFICATION.  A person may not reapply for complete restoration of a ward's capacity or modification of a ward's guardianship before the first anniversary of the date of the hearing on the last preceding application, except as otherwise provided by the court on good cause shown by the applicant.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.