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Texas Probate Code - Section 776. Amounts Allowable For Education And Maintenance Of Ward

Legal Research Home > Texas Laws > Probate Code > Texas Probate Code - Section 776. Amounts Allowable For Education And Maintenance Of Ward

§ 776. AMOUNTS ALLOWABLE FOR EDUCATION AND MAINTENANCE OF 
WARD.  (a) Subject to Section 777 of this code, if a monthly 
allowance for the ward was not ordered in the court's order 
appointing a guardian, the guardian of the estate shall file an 
application with the court requesting a monthly allowance to be 
expended from the income and corpus of the ward's estate for the 
education and maintenance of the ward and the maintenance of the 
ward's property.
	(a-1)  The guardian must file the application requesting the 
monthly allowance not later than the 30th day after the date on 
which the guardian qualifies as guardian or the date specified by 
the court, whichever is later.  The application must clearly 
separate amounts requested for education and maintenance of the 
ward from amounts requested for maintenance of the ward's property.
	(a-2)  In determining the amount of the monthly allowance for 
the ward and the ward's property, the court shall consider the 
condition of the estate and the income and corpus of the estate 
necessary to pay the reasonably anticipated regular education and 
maintenance expenses of the ward and maintenance expenses of the 
ward's property.  The court's order setting a monthly allowance must 
specify the types of expenditures the guardian may make on a monthly 
basis for the ward or the ward's property.  An order setting a 
monthly allowance does not affect the guardian's duty to account 
for expenditures of the allowance in the annual account required by 
Section 741 of this code.
	(a-3)  When different persons have the guardianship of the 
person and estate of a ward, the court's order setting a monthly 
allowance must specify the amount, if any, set by the court for the 
education and maintenance of the ward that the guardian of the 
estate shall pay and the amount, if any, the guardian of the estate 
shall pay to the guardian of the person, at a time specified by the 
court, for the education and maintenance of the ward.  If the 
guardian of the estate fails to pay to the guardian of the person 
the monthly allowance set by the court, the guardian of the estate 
shall be compelled to make the payment by court order after the 
guardian is duly cited to appear.
	(b)  When a guardian has in good faith expended funds from 
the income and corpus of the estate of the ward for support and 
maintenance of the ward and the expenditures exceed the monthly 
allowance authorized by the court, the guardian shall file a motion 
with the court requesting approval of the expenditures.  The court 
may approve the excess expenditures if:
	(1)  the expenditures were made when it was not convenient or 
possible for the guardian to first secure court approval;
	(2)  the proof is clear and convincing that the expenditures 
were reasonable and proper;
	(3)  the court would have granted authority in advance to 
make the expenditures;  and
	(4)  the ward received the benefits of the expenditures.                       

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 1039, § 53, eff. Sept. 1, 
1995.

Amended by Acts 2003, 78th Leg., ch. 549, § 20, eff. Sept. 1, 
2003;  Subsec. (a-3) amended by Acts 2005, 79th Leg., ch. 200, § 
6, eff. Sept. 1, 2005.

Last modified: August 11, 2007