Texas Probate Code - Section 665. Compensation Of Guardians And Temporary Guardians
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Texas Laws > Probate Code > Texas Probate Code - Section 665. Compensation Of Guardians And Temporary Guardians
Section: 656 657 659 660 661 662 663 665 665A 665B 665C 666 667 668 669
§ 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
(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