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Texas Probate Code - Section 665. Compensation Of Guardians And Temporary Guardians

Legal Research Home > Texas Laws > Probate Code > Texas Probate Code - Section 665. Compensation Of Guardians And Temporary Guardians

§ 665. COMPENSATION OF GUARDIANS AND TEMPORARY 
GUARDIANS.  (a) The court may authorize compensation for a guardian 
or a temporary guardian serving as a guardian of the person alone 
from available funds of the ward's estate or other funds available 
for that purpose.  The court shall set the compensation in an amount 
not exceeding five percent of the ward's gross income.  In 
determining whether to authorize compensation for a guardian under 
this section, the court shall consider the ward's monthly income 
from all sources and whether the ward receives medical assistance 
under the state Medicaid program.
	(b)  The guardian or temporary guardian of an estate is 
entitled to reasonable compensation on application to the court at 
the time the court approves any annual accounting or final 
accounting filed by the guardian or temporary guardian under this 
chapter.  A fee of five percent of the gross income of the ward's 
estate and five percent of all money paid out of the estate is 
considered reasonable under this subsection if the court finds that 
the guardian or temporary guardian has taken care of and managed the 
estate in compliance with the standards of this chapter.
	(c)  On application of an interested person or on its own 
motion, the court may review and modify the amount of compensation 
authorized under Subsection (b) of this section if the court finds 
that the amount is unreasonably low when considering the services 
rendered as guardian or temporary guardian.
	(d)  A finding of unreasonably low compensation may not be 
established under Subsection (c) of this section solely because the 
amount of compensation is less than the usual and customary charges 
of the person or entity serving as guardian or temporary guardian.
	(e)  The court, on application of an interested person or on 
its own motion, may deny a fee authorized under this section in 
whole, or in part, if:
	(1)  the court finds that the guardian or temporary guardian 
has not adequately performed the duties required of a guardian or 
temporary guardian under this chapter;  or
	(2)  the guardian or temporary guardian has been removed for 
cause.          
	(f)  Except as provided by Subsection (c) of this section for 
a fee that is determined by the court to be unreasonably low, the 
aggregate fee of the guardian of the person and guardian of the 
estate may not exceed an amount equal to five percent of the gross 
income of the ward's estate plus five percent of all money paid out 
of the estate.
	(g)  If the estate of a ward is insufficient to pay for the 
services of a private professional guardian or a licensed attorney 
serving as guardian of the ward's person, the court may authorize 
compensation for that guardian if funds in the county treasury are 
budgeted for that purpose.
	(h)  In this section:                                                          
	(1)  "Gross income" does not include Department of Veterans 
Affairs or Social Security benefits received by a ward.
	(2)  "Money paid out" does not include any money loaned, 
invested, or paid over on the settlement of the guardianship or a 
tax-motivated gift made by the ward.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 1039, § 27, eff. Sept. 1, 
1995;  Acts 1999, 76th Leg., ch. 905, § 1, eff. Sept. 1, 1999;  
Acts 2001, 77th Leg., ch. 217, § 3, eff. Sept. 1, 2001;  Acts 
2001, 77th Leg., ch. 953, § 1, eff. Sept. 1, 2001.

Last modified: August 11, 2007