reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle G - Special Types of Guardianships › Chapter 1252 - Guardianships for Nonresident Wards › Subchapter A. Resident Guardian of Nonresident Ward's Estate › Section 1252.003. Closing Resident Guardianship

Sec. 1252.003.  CLOSING RESIDENT GUARDIANSHIP.  The court shall close a resident guardianship of an estate granted under this subchapter if a qualified nonresident guardian of the estate later qualifies in this state under Section 1252.051 as a nonresident 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 G - Special Types of Guardianships › Chapter 1252 - Guardianships for Nonresident Wards › Subchapter B. Nonresident Guardian of Nonresident Ward's Estate › Section 1252.051. Appointment and Qualification of Nonresident Guardian

Sec. 1252.051.  APPOINTMENT AND QUALIFICATION OF NONRESIDENT GUARDIAN.  (a)  A nonresident of this state may be appointed and qualified as guardian or coguardian of a nonresident ward's estate located in this state in the same manner provided by this title for the appointment and qualification of a resident guardian of the estate of an incapacitated person if:
(1)  a court of competent jurisdiction in the geographical jurisdiction in which the nonresident resides appointed the nonresident guardian;
(2)  the nonresident is qualified as guardian or as a fiduciary legal representative by any name known in the foreign jurisdiction of the property or estate of the ward located in the jurisdiction of the foreign court; and
(3)  the nonresident, with the written application for appointment, files in the county court of a county of this state in which all or part of the nonresident ward's estate is located a complete transcript of the proceedings from the records of the court in which the nonresident applicant was appointed.
(b)  The transcript required by Subsection (a)(3) must:
(1)  show the applicant's appointment and qualification as guardian or other fiduciary legal representative of the ward's property or estate;
(2)  be certified to and attested by the clerk of the foreign court or the court officer charged by law with custody of the court records, under the court seal, if any; and
(3)  have attached a certificate of the judge, chief justice, or presiding magistrate of the foreign court certifying that the attestation of the clerk or legal custodian of the court records is in correct form.
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 G - Special Types of Guardianships › Chapter 1252 - Guardianships for Nonresident Wards › Subchapter B. Nonresident Guardian of Nonresident Ward's Estate › Section 1252.052. Appointment; Issuance of Letters of Guardianship

Sec. 1252.052.  APPOINTMENT; ISSUANCE OF LETTERS OF GUARDIANSHIP.  (a)  If a nonresident applicant meets the requirements of Section 1252.051, without the necessity of notice or citation, the court shall enter an order appointing the nonresident as guardian or coguardian of a nonresident ward's estate located in this state.
(b)  After the nonresident applicant qualifies in the manner required of resident guardians and files with the court a power of attorney appointing a resident agent to accept service of process in all actions or proceedings with respect to the estate, the clerk shall issue the letters of guardianship to the nonresident 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 G - Special Types of Guardianships › Chapter 1252 - Guardianships for Nonresident Wards › Subchapter B. Nonresident Guardian of Nonresident Ward's Estate › Section 1252.053. Inventory and Appraisement; Administration of Estate

Sec. 1252.053.  INVENTORY AND APPRAISEMENT; ADMINISTRATION OF ESTATE.  After qualification, a nonresident guardian:
(1)  shall file an inventory and appraisement of the ward's estate in this state subject to the court's jurisdiction, as in ordinary cases; and
(2)  is subject to the applicable provisions of this code governing the handling and settlement of an estate by a resident 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 G - Special Types of Guardianships › Chapter 1252 - Guardianships for Nonresident Wards › Subchapter B. Nonresident Guardian of Nonresident Ward's Estate › Section 1252.054. Delivery of Estate to Certain Guardians

Sec. 1252.054.  DELIVERY OF ESTATE TO CERTAIN GUARDIANS.  The court may order a resident guardian who has any of the ward's estate to deliver the estate to a qualified and acting guardian of the 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 G - Special Types of Guardianships › Chapter 1252 - Guardianships for Nonresident Wards › Subchapter B. Nonresident Guardian of Nonresident Ward's Estate › Section 1252.055. Removal of Ward's Property From State by Nonresident Guardian

Sec. 1252.055.  REMOVAL OF WARD'S PROPERTY FROM STATE BY NONRESIDENT GUARDIAN.  Regardless of whether qualified under this title, a nonresident guardian may remove personal property of the ward from this state if:
(1)  the removal does not conflict with the tenure of the property or the terms of the guardianship under which the property is held; and
(2)  all known debts against the estate in this state are paid or secured by a bond payable to and approved by the judge of the court in which guardianship proceedings are pending in this state.
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 G - Special Types of Guardianships › Chapter 1253 - Interstate Guardianships › Subchapter A. Transfer of Guardianship to Foreign Jurisdiction › Section 1253.001. Application to Transfer Guardianship to Foreign Jurisdiction

Sec. 1253.001.  APPLICATION TO TRANSFER GUARDIANSHIP TO FOREIGN JURISDICTION.  On application of the guardian or on the court's own motion, a court that has jurisdiction over the guardianship may transfer the guardianship to a court in a foreign jurisdiction to which the ward has permanently moved.
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. 59, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 25, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle G - Special Types of Guardianships › Chapter 1253 - Interstate Guardianships › Subchapter A. Transfer of Guardianship to Foreign Jurisdiction › Section 1253.002. Notice of Application

Sec. 1253.002.  NOTICE OF APPLICATION.  Notice of an application to transfer a guardianship under this subchapter shall be:
(1)  served personally on the ward; and
(2)  given to the foreign court to which the guardianship is to be transferred.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle G - Special Types of Guardianships › Chapter 1253 - Interstate Guardianships › Subchapter A. Transfer of Guardianship to Foreign Jurisdiction › Section 1253.003. Determination Regarding Transfer of Guardianship

Sec. 1253.003.  DETERMINATION REGARDING TRANSFER OF GUARDIANSHIP.  (a)  On the court's own motion or on the motion of the ward or any interested person, the court shall hold a hearing to consider an application to transfer a guardianship under this subchapter.
(b)  The court shall transfer a guardianship to a foreign court if the court determines the transfer is in the best interests of the ward.  The transfer of the guardianship must be made contingent on the acceptance of the guardianship in the foreign jurisdiction.
(c)  The court shall coordinate efforts with the appropriate foreign court to facilitate the orderly transfer 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 G - Special Types of Guardianships › Chapter 1253 - Interstate Guardianships › Subchapter B. Receipt and Acceptance of Foreign Guardianship › Section 1253.051. Application for Receipt and Acceptance of Foreign Guardianship

Sec. 1253.051.  APPLICATION FOR RECEIPT AND ACCEPTANCE OF FOREIGN GUARDIANSHIP.  A guardian appointed by a foreign court to represent an incapacitated person who is residing in this state or intends to move to this state may file an application with a court in the county in which the ward resides or in which it is intended that the ward will reside to have the guardianship transferred to that court.  The application must have attached a certified copy of all papers of the guardianship filed and recorded in the foreign court.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 66A.02, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 24, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle G - Special Types of Guardianships › Chapter 1253 - Interstate Guardianships › Subchapter B. Receipt and Acceptance of Foreign Guardianship › Section 1253.0515. Certification or Training of Guardian

Sec. 1253.0515.  CERTIFICATION OR TRAINING OF GUARDIAN.  (a)  A guardian filing an application under this subchapter must comply with Subchapter C or D, Chapter 155, Government Code, as applicable.
(b)  A court may not grant an application filed under this subchapter unless the guardian complies with Subsection (a).
Added by Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle G - Special Types of Guardianships › Chapter 1253 - Interstate Guardianships › Subchapter B. Receipt and Acceptance of Foreign Guardianship › Section 1253.052. Notice of Application

Sec. 1253.052.  NOTICE OF APPLICATION.  Notice of an application for receipt and acceptance of a foreign guardianship under this subchapter shall be:
(1)  served personally on the ward; and
(2)  given to the foreign court from which the guardianship is to be transferred.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle G - Special Types of Guardianships › Chapter 1253 - Interstate Guardianships › Subchapter B. Receipt and Acceptance of Foreign Guardianship › Section 1253.053. Determination Regarding Receipt and Acceptance of Foreign Guardianship

Sec. 1253.053.  DETERMINATION REGARDING RECEIPT AND ACCEPTANCE OF FOREIGN GUARDIANSHIP.  (a)  The court shall hold a hearing to:
(1)  consider an application for receipt and acceptance of a foreign guardianship under this subchapter; and
(2)  consider modifying the administrative procedures or requirements of the proposed transferred guardianship in accordance with local and state law.
(b)  In reviewing the application, the court should determine:
(1)  that the proposed guardianship is not a collateral attack on an existing or proposed guardianship in another jurisdiction in this or another state; and
(2)  for a guardianship in which a court in one or more states may have jurisdiction, that the application has been filed in the court that is best suited to consider the matter.
(c)  The court shall grant the application if the transfer of the guardianship from the foreign jurisdiction is in the best interests of the ward.
(d)  In granting the application, the court shall give full faith and credit to the provisions of the foreign guardianship order concerning the determination of the ward's incapacity and the rights, powers, and duties of the guardian.
(e)  The court shall coordinate efforts with the appropriate foreign court to facilitate the orderly transfer of the guardianship.
(f)  At the time of granting an application for receipt and acceptance of a foreign guardianship, the court may also modify the administrative procedures or requirements of the transferred guardianship in accordance with local and state law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 66A.03, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle G - Special Types of Guardianships › Chapter 1253 - Interstate Guardianships › Subchapter B. Receipt and Acceptance of Foreign Guardianship › Section 1253.055. Guardianship Transfer Proceedings Filed in Two or More Courts

Sec. 1253.055.  GUARDIANSHIP TRANSFER PROCEEDINGS FILED IN TWO OR MORE COURTS.  If an application for receipt and acceptance of a foreign guardianship under this subchapter is filed in two or more courts with jurisdiction, the proceeding shall be heard in the court with jurisdiction over the application filed on the earliest date, if venue is otherwise proper in that court.  A court that does not have venue to hear the application shall transfer the proceeding to the proper court.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle G - Special Types of Guardianships › Chapter 1253 - Interstate Guardianships › Subchapter B. Receipt and Acceptance of Foreign Guardianship › Section 1253.056. Construction With Other Law

Sec. 1253.056.  CONSTRUCTION WITH OTHER LAW.  The denial of an application for receipt and acceptance of a guardianship under this subchapter does not affect the right of a guardian appointed by a foreign court to file an application to be appointed guardian of the incapacitated person under Section 1101.001.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle G - Special Types of Guardianships › Chapter 1253 - Interstate Guardianships › Subchapter C. Guardianship Proceedings Filed in This State and in Foreign Jurisdiction › Section 1253.101. Delay of Certain Guardianship Proceedings

Sec. 1253.101.  DELAY OF CERTAIN GUARDIANSHIP PROCEEDINGS.  A court in which a guardianship proceeding is filed and in which venue of the proceeding is proper may delay further action in the proceeding in that court if:
(1)  another guardianship proceeding involving a matter at issue in the proceeding filed in the court is subsequently filed in a court in a foreign jurisdiction; and
(2)  venue of the proceeding in the foreign court is proper.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle G - Special Types of Guardianships › Chapter 1253 - Interstate Guardianships › Subchapter C. Guardianship Proceedings Filed in This State and in Foreign Jurisdiction › Section 1253.102. Determination of Venue; Action Following Determination

Sec. 1253.102.  DETERMINATION OF VENUE; ACTION FOLLOWING DETERMINATION.  (a)  A court that delays further action in a guardianship proceeding under Section 1253.101 shall determine whether venue of the proceeding is more suitable in that court or in the foreign court.
(b)  In making a determination under Subsection (a), the court may consider:
(1)  the interests of justice;
(2)  the best interests of the ward or proposed ward;
(3)  the convenience of the parties; and
(4)  the preference of the ward or proposed ward, if the ward or proposed ward is 12 years of age or older.
(c)  The court shall resume the guardianship proceeding delayed under Section 1253.101 if the court determines under this section that venue is more suitable in that court.  If the court determines that venue is more suitable in the foreign court, the court shall, with the consent of the foreign court, transfer the proceeding to that foreign court.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 66A.04, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle G - Special Types of Guardianships › Chapter 1253 - Interstate Guardianships › Subchapter C. Guardianship Proceedings Filed in This State and in Foreign Jurisdiction › Section 1253.103. Necessary Orders

Sec. 1253.103.  NECESSARY ORDERS.  A court that delays further action in a guardianship proceeding under Section 1253.101 may issue any order the court considers necessary to protect the proposed ward or the proposed ward's estate.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle G - Special Types of Guardianships › Chapter 1253 - Interstate Guardianships › Subchapter D. Determination of Most Appropriate Forum for Certain Guardianship Proceedings › Section 1253.151. Determination of Acquisition of Jurisdiction in This State Due to Unjustifiable Conduct

Sec. 1253.151.  DETERMINATION OF ACQUISITION OF JURISDICTION IN THIS STATE DUE TO UNJUSTIFIABLE CONDUCT.  If at any time a court of this state determines that it acquired jurisdiction of a proceeding for the appointment of a guardian of the person or estate, or both, of a ward or proposed ward because of unjustifiable conduct, the court may:
(1)  decline to exercise jurisdiction;
(2)  exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the ward or proposed ward or the protection of the ward's or proposed ward's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(3)  continue to exercise jurisdiction after considering:
(A)  the extent to which the ward or proposed ward and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(B)  whether the court of this state is a more appropriate forum than the court of any other state after considering the factors described by Section 1253.102(b); and
(C)  whether the court of any other state would have jurisdiction under the factual circumstances of the matter.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 66A.05, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle G - Special Types of Guardianships › Chapter 1253 - Interstate Guardianships › Subchapter D. Determination of Most Appropriate Forum for Certain Guardianship Proceedings › Section 1253.152. Assessment of Expenses Against Party

Sec. 1253.152.  ASSESSMENT OF EXPENSES AGAINST PARTY.  (a)  If a court of this state determines that it acquired jurisdiction of a proceeding for the appointment of a guardian of the person or estate, or both, of a ward or proposed ward because a party seeking to invoke the court's jurisdiction engaged in unjustifiable conduct, the court may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses.
(b)  The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by other law.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 66A.05, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle H - Court-Authorized Trusts and Accounts › Chapter 1301 - Management Trusts › Subchapter A. General Provisions › Section 1301.001. Definition

Sec. 1301.001.  DEFINITION.  In this chapter, "management trust" means a trust created under Section 1301.053 or 1301.054.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle H - Court-Authorized Trusts and Accounts › Chapter 1301 - Management Trusts › Subchapter A. General Provisions › Section 1301.002. Applicability of Texas Trust Code

Sec. 1301.002.  APPLICABILITY OF TEXAS TRUST CODE.  (a)  A management trust is subject to Subtitle B, Title 9, Property Code.
(b)  To the extent of a conflict between Subtitle B, Title 9, Property Code, and a provision of this chapter or of a management trust, the provision of this chapter or of the trust controls.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle H - Court-Authorized Trusts and Accounts › Chapter 1301 - Management Trusts › Subchapter B. Creation of Management Trusts › Section 1301.051. Eligibility to Apply for Creation of Trust

Sec. 1301.051.  ELIGIBILITY TO APPLY FOR CREATION OF TRUST.  The following persons may apply for the creation of a trust under this subchapter:
(1)  the guardian of a ward;
(2)  an attorney ad litem or guardian ad litem appointed to represent a ward or the ward's interests;
(3)  a person interested in the welfare of an alleged incapacitated person who does not have a guardian;
(4)  an attorney ad litem or guardian ad litem appointed to represent  an alleged incapacitated person who does not have a guardian; or
(5)  a person who has only a physical disability.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.060, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle H - Court-Authorized Trusts and Accounts › Chapter 1301 - Management Trusts › Subchapter B. Creation of Management Trusts › Section 1301.0511. Notice Required for Application for Creation of Trust; Citation of Applicant Not Required

Sec. 1301.0511.  NOTICE REQUIRED FOR APPLICATION FOR CREATION OF TRUST; CITATION OF APPLICANT NOT REQUIRED.  (a)  On the filing of an application for creation of a management trust and except as provided by Subsection (d), notice shall be issued and served in the manner provided by Subchapter C, Chapter 1051, for the issuance and service of notice on the filing of an application for guardianship.
(b)  It is not necessary to serve a citation on a person who files an application for the creation of a management trust under this subchapter or for that person to waive the issuance and personal service of citation.
(c)  If the person for whom an application for creation of a management trust is filed is a ward, the sheriff or other officer, in addition to serving the persons described by Section 1051.103, shall personally serve each guardian of the ward with citation to appear and answer the application.
(d)  Notice under this section is not required if a proceeding for the appointment of a guardian is pending for the person for whom an application for creation of a management trust is filed.
Added by Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 60, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle H - Court-Authorized Trusts and Accounts › Chapter 1301 - Management Trusts › Subchapter B. Creation of Management Trusts › Section 1301.052. Venue for Proceeding Involving Trust for an Alleged Incapacitated Person

Sec. 1301.052.  VENUE FOR PROCEEDING INVOLVING TRUST FOR AN ALLEGED INCAPACITATED PERSON.  (a)  An application for the creation of a trust under Section 1301.054 for an alleged incapacitated person must be filed in the same court in which a proceeding for the appointment of a guardian for the person is pending, if any.
(b)  If a proceeding for the appointment of a guardian for an alleged incapacitated person is not pending on the date an application is filed for the creation of a trust under Section 1301.054 for the person, venue for a proceeding to create a trust must be determined in the same manner as venue for a proceeding for the appointment of a guardian is determined under Section 1023.001.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.061, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 25, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle H - Court-Authorized Trusts and Accounts › Chapter 1301 - Management Trusts › Subchapter B. Creation of Management Trusts › Section 1301.053. Creation of Trust

Sec. 1301.053.  CREATION OF TRUST.  (a)  On application by an appropriate person as provided by Section 1301.051 and subject to Section 1301.054(a), if applicable, the court with jurisdiction over the proceedings may enter an order that creates a trust for the management of the funds of the person with respect to whom the application is filed if the court finds that the creation of the trust is in the person's best interests.
(b)  The court may maintain a trust created under this section under the same cause number as the guardianship proceeding, if the person for whom the trust is created is a ward or proposed ward.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.062, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle H - Court-Authorized Trusts and Accounts › Chapter 1301 - Management Trusts › Subchapter B. Creation of Management Trusts › Section 1301.054. Creation of Trust for Incapacitated Person Without Guardian

Sec. 1301.054.  CREATION OF TRUST FOR INCAPACITATED PERSON WITHOUT GUARDIAN.  (a)  On application by an appropriate person as provided by Section 1301.051 and regardless of whether an application for guardianship has been filed on the alleged incapacitated person's behalf, a proper court exercising probate jurisdiction may enter an order that creates a trust for the management of the estate of an alleged incapacitated person who does not have a guardian if the court, after a hearing, finds that:
(1)  the person is an incapacitated person; and
(2)  the creation of the trust is in the incapacitated person's best interests.
(b)  The court shall conduct the hearing to determine incapacity under Subsection (a) using the same procedures and evidentiary standards as are required in a hearing for the appointment of a guardian for a proposed ward.
(c)  Except as provided by Subsection (c-1), the court shall appoint an attorney ad litem and, if necessary, may appoint a guardian ad litem, to represent the interests of the alleged incapacitated person in the hearing to determine incapacity under Subsection (a).
(c-1)  If the application for the creation of the trust is filed by a person who has only a physical disability, the court may, but is not required to, appoint an attorney ad litem or guardian ad litem to represent the interests of the person in the hearing to determine incapacity under Subsection (a).
(d)  The court may maintain a trust created under this section under the same cause number as the guardianship proceeding, if the person for whom the trust is created is a ward or proposed ward.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.063, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 26, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle H - Court-Authorized Trusts and Accounts › Chapter 1301 - Management Trusts › Subchapter B. Creation of Management Trusts › Section 1301.055. Authority of Court to Appoint Guardian Instead of Creating Trust

Sec. 1301.055.  AUTHORITY OF COURT TO APPOINT GUARDIAN INSTEAD OF CREATING TRUST.  If, after a hearing under Section 1301.054, the court finds that the person for whom the application was filed is an incapacitated person but that it is not in the incapacitated person's best interests for the court to create a trust under this subchapter for the incapacitated person's estate, the court may appoint a guardian of the person or estate, or both, for the incapacitated person without commencing a separate proceeding for that purpose.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 27, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle H - Court-Authorized Trusts and Accounts › Chapter 1301 - Management Trusts › Subchapter B. Creation of Management Trusts › Section 1301.056. Contents of Order Creating Trust

Sec. 1301.056.  CONTENTS OF ORDER CREATING TRUST.  An order creating a management trust must:
(1)  direct any person or entity holding property that belongs to the person for whom the trust is created or to which that person is entitled to deliver all or part of that property to a person or corporate fiduciary appointed as trustee of the trust; and
(2)  include terms and limitations placed on the trust.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.064, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle H - Court-Authorized Trusts and Accounts › Chapter 1301 - Management Trusts › Subchapter B. Creation of Management Trusts › Section 1301.057. Appointment of Trustee

Sec. 1301.057.  APPOINTMENT OF TRUSTEE.  (a) In this section, "financial institution" means a financial institution, as defined by Section 201.101, Finance Code, that has trust powers and exists and does business under the laws of this state, another state, or the United States.
(b)  Except as provided by Subsection (c), the court shall appoint a financial institution to serve as trustee of a management trust, other than a management trust created for a person who has only a physical disability.
(c)  The court may appoint a person or entity described by Subsection (d) to serve as trustee of a management trust created for a ward or incapacitated person instead of appointing a financial institution to serve in that capacity if the court finds:
(1)  that the appointment is in the best interests of the ward or incapacitated person for whom the trust is created; and
(2)  if the value of the trust's principal is more than $150,000, that the applicant for the creation of the trust, after the exercise of due diligence, has been unable to find a financial institution in the geographic area willing to serve as trustee.
(d)  The following are eligible for appointment as trustee of a management trust created for a ward or incapacitated person under Subsection (c):
(1)  an individual, including an individual who is certified as a private professional guardian;
(2)  a nonprofit corporation qualified to serve as a guardian; and
(3)  a guardianship program.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 28, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle H - Court-Authorized Trusts and Accounts › Chapter 1301 - Management Trusts › Subchapter B. Creation of Management Trusts › Section 1301.058. Bond Requirements for Trustees

Sec. 1301.058.  BOND REQUIREMENTS FOR TRUSTEES.  (a)  The following serve without giving a bond in accordance with the trust terms required by Sections 1301.101(a)(4) and (a-1):
(1)  a trustee of a management trust that is a corporate fiduciary; and
(2)  any other trustee of a management trust created for a person who has only a physical disability.
(b)  Except as provided by Subsection (a), the court shall require a person serving as trustee of a management trust to file with the county clerk a bond that:
(1)  is in an amount equal to the value of the trust's principal and projected annual income; and
(2)  meets the conditions the court determines are necessary.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 29, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle H - Court-Authorized Trusts and Accounts › Chapter 1301 - Management Trusts › Subchapter C. Terms of Management Trust › Section 1301.102. Optional Terms

Sec. 1301.102.  OPTIONAL TERMS.  (a)  A management trust created for a ward or incapacitated person may provide that the trustee make a distribution, payment, use, or application of trust funds for the health, education, maintenance, or support of the person for whom the trust is created or of another person whom the person for whom the trust is created is legally obligated to support:
(1)  as necessary and without the intervention of:
(A)  a guardian or other representative of the ward; or
(B)  a representative of the incapacitated person; and
(2)  to:
(A)  the ward's guardian;
(B)  a person who has physical custody of the person for whom the trust is created or of another person whom the person for whom the trust is created is legally obligated to support; or
(C)  a person providing a good or service to the person for whom the trust is created or to another person whom the person for whom the trust is created is legally obligated to support.
(b)  The court may include additional provisions in a management trust on the trust's creation or modification under this chapter if the court determines the addition does not conflict with Section 1301.101.
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. 31, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle H - Court-Authorized Trusts and Accounts › Chapter 1301 - Management Trusts › Subchapter C. Terms of Management Trust › Section 1301.103. Enforceability of Certain Terms

Sec. 1301.103.  ENFORCEABILITY OF CERTAIN TERMS.  A provision in a management trust created for a ward or incapacitated person that relieves a trustee from a duty or liability imposed by this chapter or Subtitle B, Title 9, Property Code, is enforceable only if:
(1)  the provision is limited to specific facts and circumstances unique to the property of that trust and is not applicable generally to the trust; and
(2)  the court creating or modifying the trust makes a specific finding that there is clear and convincing evidence that the inclusion of the provision is in the best interests of the trust beneficiary.
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. 32, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle H - Court-Authorized Trusts and Accounts › Chapter 1301 - Management Trusts › Subchapter D. Administration of Management Trusts › Section 1301.151. Jurisdiction Over Trust Matters

Sec. 1301.151.  JURISDICTION OVER TRUST MATTERS.  A court that creates a management trust has the same jurisdiction to hear matters relating to the trust as the court has with respect to guardianship and other matters covered by 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 H - Court-Authorized Trusts and Accounts › Chapter 1301 - Management Trusts › Subchapter D. Administration of Management Trusts › Section 1301.152. Court's Authority to Discharge Guardian of Estate

Sec. 1301.152.  COURT'S AUTHORITY TO DISCHARGE GUARDIAN OF ESTATE.  On or at any time after the creation of a management trust, the court may discharge the guardian of the ward's estate if the court determines that the discharge is in the ward's best interests.
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 H - Court-Authorized Trusts and Accounts › Chapter 1301 - Management Trusts › Subchapter D. Administration of Management Trusts › Section 1301.153. Investment in Texas Tomorrow Fund

Sec. 1301.153.  INVESTMENT IN TEXAS TOMORROW FUND.  The trustee of a management trust may invest trust funds in the Texas tomorrow fund established by Subchapter F, Chapter 54, Education Code, if the trustee determines that investment is in the best interest of the ward or incapacitated person for whom the trust is created.
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 H - Court-Authorized Trusts and Accounts › Chapter 1301 - Management Trusts › Subchapter D. Administration of Management Trusts › Section 1301.1535. Initial Accounting by Certain Trustees Required

Sec. 1301.1535.  INITIAL ACCOUNTING BY CERTAIN TRUSTEES REQUIRED.  (a)  This section applies only to a trustee of a management trust created for a person who on the date the trust is created is:
(1)  a ward under an existing guardianship; or
(2)  a proposed ward with respect to whom an application for guardianship has been filed and is pending.
(b)  Not later than the 30th day after the date a trustee to which this section applies receives property into the trust, the trustee shall file with the court that created the guardianship or the court in which the application for guardianship was filed a report describing all property held in the trust on the date of the report and specifying the value of the property on that date.
Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.068, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle H - Court-Authorized Trusts and Accounts › Chapter 1301 - Management Trusts › Subchapter D. Administration of Management Trusts › Section 1301.154. Annual Accounting

Sec. 1301.154.  ANNUAL ACCOUNTING.  (a)  The trustee of a management trust created for a ward shall prepare and file with the court an annual accounting of transactions in the trust in the same manner and form that is required of a guardian of the estate under this title.
(b)  The trustee of a management trust created for a ward shall provide a copy of the annual account to each guardian of the ward.
(c)  The annual account is subject to court review and approval in the same manner that is required of an annual account prepared by a guardian under this title.
(d)  The court may not require a trustee of a trust created for a person who has only a physical disability to prepare and file with the court the annual accounting as described by Subsection (a).
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. 6.069, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 33, eff. January 1, 2014.
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 62, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle H - Court-Authorized Trusts and Accounts › Chapter 1301 - Management Trusts › Subchapter D. Administration of Management Trusts › Section 1301.155. Appointment of Successor Trustee

Sec. 1301.155.  APPOINTMENT OF SUCCESSOR TRUSTEE.  The court may appoint a successor trustee if the trustee of a management trust resigns, becomes ineligible, or is removed.
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 H - Court-Authorized Trusts and Accounts › Chapter 1301 - Management Trusts › Subchapter D. Administration of Management Trusts › Section 1301.156. Liability of Certain Persons for Conduct of Trustee

Sec. 1301.156.  LIABILITY OF CERTAIN PERSONS FOR CONDUCT OF TRUSTEE.  The guardian of the person or of the estate of a ward for whom a management trust is  created or the surety on the guardian's bond is not liable for an act or omission of the trustee of the trust.
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 H - Court-Authorized Trusts and Accounts › Chapter 1301 - Management Trusts › Subchapter E. Modification, Revocation, or Termination of Management Trusts › Section 1301.201. Modification or Revocation of Trust

Sec. 1301.201.  MODIFICATION OR REVOCATION OF TRUST.  (a)  The court may modify or revoke a management trust at any time before the date of the trust's termination.
(b)  The following may not revoke a management trust:
(1)  the ward for whom the trust is created or the guardian of the ward's estate;
(2)  the incapacitated person for whom the trust is created; or
(3)  the person who has only a physical disability for whom the trust is created.
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. 6.070, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle H - Court-Authorized Trusts and Accounts › Chapter 1301 - Management Trusts › Subchapter E. Modification, Revocation, or Termination of Management Trusts › Section 1301.202. Transfer to Pooled Trust Subaccount

Sec. 1301.202.  TRANSFER TO POOLED TRUST SUBACCOUNT.  (a)  If the court determines that it is in the best interests of the person for whom a management trust is created, the court may order the transfer of all property in the management trust to a pooled trust subaccount established in accordance with Chapter 1302.
(a-1)  For purposes of a proceeding to determine whether to transfer property from a management trust to a pooled trust subaccount, the court may, but is not required to, appoint an attorney ad litem or guardian ad litem to represent the interests of a person who has only a physical disability for whom the management trust was created.
(b)  The transfer of property from the management trust to the pooled trust subaccount shall be treated as a continuation of the management trust and may not be treated as the establishment of a new trust for purposes of 42 U.S.C. Section 1396p(d)(4)(A) or (C) or otherwise for purposes of the management trust beneficiary's eligibility for medical assistance under Chapter 32, Human Resources Code.
(c)  The court may not allow termination of the management trust from which property is transferred under this section until all of the property in the management trust has been transferred to the pooled trust subaccount.
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. 6.071, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 34, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle H - Court-Authorized Trusts and Accounts › Chapter 1301 - Management Trusts › Subchapter E. Modification, Revocation, or Termination of Management Trusts › Section 1301.203. Termination of Trust

Sec. 1301.203.  TERMINATION OF TRUST.  (a)  Except as provided by Subsection (a-1), if the person for whom a management trust is created is a minor, the trust terminates on:
(1)  the earlier of:
(A)  the person's death; or
(B)  the person's 18th birthday; or
(2)  the date provided by court order, which may not be later than the person's 25th birthday.
(a-1)  If the person for whom a management trust is created is a minor and is also incapacitated for a reason other than being a minor, the trust terminates:
(1)  on the person's death; or
(2)  when the person regains capacity.
(b)  If the person for whom a management trust is created is not a minor, the trust terminates:
(1)  according to the terms of the trust;
(2)  on the date the court determines that continuing the trust is no longer in the person's best interests, subject to Section 1301.202(c); or
(3)  on the person's death.
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. 6.072, eff. January 1, 2014.
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 63, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle H - Court-Authorized Trusts and Accounts › Chapter 1301 - Management Trusts › Subchapter E. Modification, Revocation, or Termination of Management Trusts › Section 1301.204. Distribution of Trust Property

Sec. 1301.204.  DISTRIBUTION OF TRUST PROPERTY.  (a)  Unless otherwise provided by the court and except as provided by Subsection (b), the trustee of a management trust shall:
(1)  prepare a final account in the same form and manner that is required of a guardian under Sections 1204.101 and 1204.102; and
(2)  on court approval, distribute the principal or any undistributed income of the trust to:
(A)  the ward or incapacitated person when the trust terminates on the trust's own terms;
(B)  the successor trustee on appointment of a successor trustee; or
(C)  the representative of the deceased ward's or incapacitated person's estate on the ward's or incapacitated person's death.
(b)  The court may not require a trustee of a trust created for a person who has only a physical disability to prepare and file with the court a final account as described by Subsection (a)(1).  The trustee shall distribute the principal and any undistributed income of the trust in the manner provided by Subsection (a)(2) for a trust the beneficiary of which is a ward or incapacitated person.
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. 6.073, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle H - Court-Authorized Trusts and Accounts › Chapter 1302 - Pooled Trust Subaccounts › Section 1302.001. Definitions

Sec. 1302.001.  DEFINITIONS.  In this chapter:
(1)  "Beneficiary" means a person for whom a subaccount is established.
(2)  "Medical assistance" means benefits and services under the medical assistance program administered under Chapter 32, Human Resources Code.
(3)  "Pooled trust" means a trust that meets the requirements of 42 U.S.C. Section 1396p(d)(4)(C) for purposes of exempting the trust from the applicability of 42 U.S.C. Section 1396p(d) in determining the eligibility of a person who is disabled for medical assistance.
(4)  "Subaccount" means an account in a pooled trust established solely for the benefit of a beneficiary.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.