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Texas Probate Code - Chapter XIII GuardianshipLegal Research Home > Texas Lawyer > Probate Code > Texas Probate Code - Chapter XIII Guardianship Sponsored LinksIn this chapter: (1) "Attorney ad litem" means an attorney who is appointed by a court to represent and advocate on behalf of a proposed ... A court may appoint a guardian with full authority over an incapacitated person or may grant a guardian limited authority over an incapacitated person as ... (a) To the extent applicable and not inconsistent with other provisions of this code, the laws and rules governing estates of decedents apply to and ... From the filing of the application for the appointment of a guardian of the estate or person, or both, until the guardianship is settled and ... The county court has the general jurisdiction of a probate court. The county court shall appoint guardians of minors and other incapacitated persons, grant letters ... (a) Repealed by Acts 2003, 78th Leg., ch. 549, § 33. (b) In those counties in which there is no statutory probate court, county court ... (a) In a proceeding in a constitutional county court or a statutory county court at law, the phrases "appertaining to estates" and "incident to an ... A judge of a statutory probate court, on the motion of a party to the action or of a person interested in a guardianship, may ... (a) If an interested person contests an application for the appointment of a guardian of the person of a minor or an interested person seeks ... (a) Except as otherwise authorized by this section, a proceeding for the appointment of a guardian for the person or estate, or both, of an ... (a) If two or more courts have concurrent venue of a guardianship matter, the court in which an application for a guardianship proceeding is initially ... When a guardian or any other person desires to remove the transaction of the business of the guardianship from one county to another, the person ... (a) On filing an application to remove a guardianship to another county, the sureties on the bond of the guardian shall be cited by personal ... On hearing an application under Section 612 of this code, if good cause is not shown to deny the application and it appears that removal ... When an order of removal is made under Section 614 of this code, the clerk shall record any unrecorded papers of the guardianship required to ... The order removing a guardianship does not take effect until: (1) the case file and a certified copy of the index required by Section 615 ... When a guardianship is removed from one county to another in accordance with this subpart, the guardianship proceeds in the court to which it was ... If it appears to the court that removal of the guardianship is in the best interests of the ward, but that because of the removal ... (a) An application for a guardianship proceeding, a complaint, petition, or other paper permitted or required by law to be filed in the court in ... (a) The laws regulating costs in ordinary civil cases apply to a guardianship matter unless otherwise expressly provided by this chapter. (b) When a person ... (a) The county clerk shall keep a record book to be styled "Judge's Guardianship Docket" and shall enter in the record book: (1) the name ... The county clerk shall keep a record book to be styled "Claim Docket" and shall enter in the claim docket all claims presented against a ... The county clerk shall maintain a case file for each person's filed guardianship proceedings. The case file must contain all orders, judgments, and proceedings of ... The county clerk shall keep a record book styled "Guardianship Fee Book" and shall enter in the guardianship fee book each item of costs that ... In lieu of keeping the record books described by Sections 623, 624, and 626 of this code, the county clerk may maintain the information relating ... The county clerk shall properly index the records and keep the index open for public inspection but may not release the index from the clerk's ... The record books or individual case files, including records on a computer file, on microfilm, in the form of a digitized optical image, or in ... The judge of the court in which a guardianship proceeding is pending, as the judge determines, shall call guardianship matters in their regular order on ... If the county judge is absent from the county seat or is on vacation, disqualified, ill, or deceased and is unable to designate the time ... (a) If the proper venue is finally determined to be in another county, the clerk, after making and retaining a true copy of the entire ... (a) A person does not need to be cited or otherwise given notice in a guardianship matter except in situations in which this chapter expressly ... (a) On the filing of an application for guardianship, notice shall be issued and served as provided by this section. (b) The court clerk shall ... (a) If an attorney has entered an appearance on record for a party in a guardianship proceeding, a citation or notice required to be served ... A competent person who is interested in a hearing in a guardianship proceeding, in person or by attorney, may waive in writing notice of the ... When an annual or other account of funds, or an application for the expenditure of or investment of funds is filed by a guardian whose ... A court may not invalidate a pleading in a guardianship matter or an order based on the pleading based on a defect of form or ... (a) Except as provided by Subsection (b) of this section, any person has the right to commence any guardianship proceeding, including a proceeding for complete ... A party in a contested guardianship proceeding is entitled, on request, to a jury trial. Added by Acts 1993, 73rd Leg., ch. 957, § 1, ... (a) A court may consider by submission a motion or application filed under this chapter unless the proceeding is: (1) contested; or (2) an application ... (a) The judge may appoint a guardian ad litem to represent the interests of an incapacitated person in a guardianship proceeding. (b) A guardian ad ... (a) A guardian ad litem appointed under Section 645, 683, or 694A of this code to represent the interests of an incapacitated person in a ... (a) In a proceeding under this chapter for the appointment of a guardian, the court shall appoint an attorney ad litem to represent the interests ... (a) An attorney ad litem appointed under Section 646 of this code to represent a proposed ward shall, within a reasonable time before the hearing, ... (a) A court-appointed attorney in any guardianship proceeding must be certified by the State Bar of Texas or a person or other entity designated by ... (a) Each statutory probate court shall operate a court visitor program to assess the conditions of wards and proposed wards. Another court that has jurisdiction ... (a) On the filing of an application for guardianship under Section 682 of this code, a court investigator shall investigate the circumstances alleged in the ... In a guardianship proceeding, the rules relating to witnesses and evidence that govern in the district court apply as far as practicable. If there is ... A decision, order, decree, or judgment of the court in a guardianship matter must be rendered in open court, except in a case in which ... The judge may enforce obedience to an order entered against a guardian by attachment and imprisonment. An imprisonment of a guardian may not exceed three ... An execution in a guardianship matter shall be directed "To any sheriff or any constable within the State of Texas," made returnable in 60 days, ... When a complaint in writing and under oath that the guardian is about to remove the estate or any part of the estate beyond the ... Pending an appeal from an order or judgment appointing a guardian, an appointee shall continue to act as guardian and shall continue the prosecution of ... When a guardian appeals, a bond is not required, unless the appeal personally concerns the guardian, in which case the guardian must give the bond. ... A person interested, including a ward, by bill of review filed in the court in which a guardianship proceeding took place, may have a decision, ... (a) When a person who is appointed guardian has qualified under Section 699 of this code, the clerk shall issue to the guardian a certificate ... (a) Letters of guardianship or a certificate under seal of the clerk of the court that granted the letters issued under Section 659 of this ... When letters of guardianship have been destroyed or lost, the clerk shall issue new letters that have the same force and effect as the original ... When a guardian who has qualified performs any act as guardian that is in conformity with the guardian's authority and the law, the guardian's act ... All presently existing letters of guardianship issued to a nonresident guardian, with or without the procedure provided in this subpart, in whole or in part, ... (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 court shall order the payment of a fee set by the court as compensation to the attorneys, mental health professionals, and interpreters appointed under ... (a) A court that creates a guardianship for a ward under this chapter, on request of a person who filed an application to be appointed ... (a) Except as provided by Subsection (b) of this section, a guardian of an estate may enter into a contract to convey, or may convey, ... A guardian is entitled to be reimbursed from the guardianship estate for all necessary and reasonable expenses incurred in performing any duty as a guardian, ... All expense charges shall be: (1) in writing, showing specifically each item of expense and the date of the expense; (2) verified by affidavit of ... When costs are incurred because a guardian neglects to perform a required duty or if a guardian is removed for cause, the guardian and the ... (a) Except as provided by Subsection (b), in a guardianship matter, the cost of the proceeding, including the cost of the guardian ad litem or ... (a) The court shall use reasonable diligence to determine whether a guardian is performing all of the duties required of the guardian that pertain to ... (a) A court in which a guardianship proceeding is pending shall review annually each guardianship in which the application to create the guardianship was filed ... A person is not liable to a third person solely because the person has been appointed guardian of a ward under this chapter. Added by ... 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 ... An incapacitated person for whom a guardian is appointed retains all legal and civil rights and powers except those designated by court order as legal ... (a) Except as provided by Section 680 of this code, the selection of a guardian for a minor is governed by this section. (b) If ... (a) The court shall appoint a guardian for a person other than a minor according to the circumstances and considering the best interests of the ... (a) A written declaration appointing an eligible person to be guardian of the person of the parent's child under Section 676(d) or 677(b) of this ... (a) In this section: (1) "Declaration" means a written declaration of a person that: (A) appoints a guardian for the person's child under Section 676(d) ... It is presumed not to be in the best interests of a ward to appoint a person as guardian of the ward if the person ... (a) A person other than an incapacitated person may designate by a written declaration persons to serve as guardian of the person of the declarant ... (a) In this section: (1) "Declaration" means a written declaration of a person that: (A) designates another person to serve as a guardian of the ... (a) When an application is filed for the guardianship of the person or estate, or both, of a minor at least 12 years of age, ... A person may not be appointed guardian if the person is: (1) a minor; (2) a person whose conduct is notoriously bad; (3) an incapacitated ... Any person may commence a proceeding for the appointment of a guardian by filing a written application in a court having jurisdiction and venue. The ... (a) If a minor is a person who, because of incapacity, will require a guardianship after the ward is no longer a minor, a person ... (a) If a court has probable cause to believe that a person domiciled or found in the county in which the court is located is ... An information letter under Section 683(b)(1) of this code about a person believed to be incapacitated may: (1) include the name, address, telephone number, county ... (a) Before appointing a guardian, the court must find by clear and convincing evidence that: (1) the proposed ward is an incapacitated person; (2) it ... (a) A proposed ward must be present at a hearing to appoint a guardian unless the court, on the record or in the order, determines ... (a) Before a hearing may be held for the appointment of a guardian, current and relevant medical, psychological, and intellectual testing records of the proposed ... (a) The court may not grant an application to create a guardianship for an incapacitated person, other than a minor, person whose alleged incapacity is ... Before appointing a guardian, the court shall make a reasonable effort to consider the incapacitated person's preference of the person to be appointed guardian and, ... Only one person may be appointed as guardian of the person or estate, but one person may be appointed guardian of the person and another ... If it is found that an adult person possesses the capacity to care for himself or herself and to manage the individual's property as would ... (a) If it is found that the proposed ward is totally without capacity as provided by this code to care for himself or herself and ... (a) Unless otherwise discharged as provided by law, a guardian remains in office until the estate is closed. (b) The guardianship shall be settled and ... (a) 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 ... An application filed under Section 694A of this code must be sworn to by the applicant and must: (1) contain the name, sex, date of ... (a) The court shall appoint an attorney ad litem to represent a ward in a proceeding for the complete restoration of the ward's capacity or ... (a) At a hearing on an application for complete restoration of a ward's capacity or modification of a ward's guardianship, the court shall consider only ... (a) Before ordering the settlement and closing of the guardianship under an application filed under Section 694A of this code, the court must find by ... (a) The court may not grant an order completely restoring a ward's capacity or modifying a ward's guardianship under an application filed under Section 694A ... If the court finds that a ward is no longer an incapacitated person, the order completely restoring the ward's capacity must contain findings of fact ... If the court finds that a guardian's powers or duties should be expanded or limited, the order modifying the guardianship must contain findings of fact ... If the court finds that a modification of the ward's guardianship is not necessary, including that the ward's capacity has not been restored, the court ... (a) A court order entered with respect to a request made under Section 694A of this code to completely restore a ward's capacity or modify ... (a) A ward may retain an attorney for a proceeding involving the complete restoration of the ward's capacity or modification of the ward's guardianship. (b) ... (a) If a guardian dies, resigns, or is removed, the court may, on application and on service of notice as directed by the court, appoint ... (a) If a guardianship program or governmental entity serving as a guardian for a ward under this chapter becomes aware of a family member or ... A court may not appoint a private professional guardian to serve as a guardian or permit a private professional guardian to continue to serve as ... (a) An individual employed by or contracting with a guardianship program must be certified as provided by Section 697B of this code to provide guardianship ... A family member or friend of an incapacitated person is not required to be certified under Subchapter C, Chapter 111, Government Code, or any other ... (a) A private professional guardian must apply annually to the clerk of the county having venue over the proceeding for the appointment of a guardian ... (a) Each guardianship program operating in a county shall submit annually to the county clerk a statement containing the name, address, and telephone number of ... (a) The following persons must be certified under Subchapter C, Chapter 111, Government Code: (1) an individual who is a private professional guardian; (2) an ... (a) The clerk of the county having venue over the proceeding for the appointment of a guardian shall obtain criminal history record information that is ... A guardian is deemed to have duly qualified when the guardian has taken and filed the oath required under Section 700 of this code, has ... (a) The guardian shall take an oath to discharge faithfully the duties of guardian for the person or estate, or both, of a ward. (b) ... Except as provided by Section 682A(a) of this code, the oath of a guardian may be taken and subscribed, or the bond of a guardian ... (a) Except as provided by Subsections (b) and (c) of this section, a guardian of the person or of the estate of a ward is ... (a) This section applies only to a bond required to be posted by a guardian of the person of a ward when there is no ... (a) Except when bond is not required under this chapter, before being issued letters of guardianship of estates, the recipient of letters shall give a ... The following form, or the same in substance, may be used for the bonds of guardians: "The State of Texas "County of __________ "Know all ... A bond required under this chapter shall be subscribed by the principals and sureties, and shall be filed with the clerk when approved by the ... When two or more persons are appointed guardians and are required to give a bond by the court or under this chapter, the court may ... When a married person is appointed guardian, the person may jointly execute, with or without, the person's spouse, the bond required by law. The bond ... When a person who is younger than 18 years of age and is or has been married accepts and qualifies as guardian, a bond required ... The judge may require a guardianship program that is appointed guardian under this chapter to file one bond that: (1) meets all the conditions required ... (a) Before a judge considers a bond with a personal surety, each personal surety shall execute an affidavit stating the amount of the surety's assets, ... When a personal surety is required by the court to create a lien on specific real property as a condition of the personal surety's acceptance ... A guardian may be required to give a new bond when: (1) one of the sureties on the bond dies, removes beyond the limits of ... A person interested in a guardianship may allege, on application in writing that is filed with the county clerk of the county in which the ... When it is made known to a judge that a bond is insufficient or that the bond has, with the record of the bond, been ... On the return of a citation ordering a guardian to show cause why the guardian should not give a new bond, the judge on the ... When a guardian is required to give a new bond, the order requiring the bond has the effect of suspending the guardian's powers, and the ... A guardian required to give bond at any time may file with the clerk a written application to the court to have the bond reduced. ... When a new bond has been given and approved, the judge shall enter an order discharging the sureties on the former bond from all liability ... A surety on the guardian's bond at any time may file with the clerk a petition with the court in which the proceeding is pending, ... If a personal surety who has given a lien on specific real property as security applies to the court to have the lien released, the ... A certified copy of the court order that describes the property, releases the lien, and is filed with the county clerk and recorded in the ... If a guardian of a ward fails to give the bond required by the court within the time required under this chapter, another person may ... If a bond is not required of an individual guardian of the estate, a person who has a debt, claim, or demand against the guardianship, ... On hearing a complaint under Section 722 of this code, if it appears to the court that a guardian is wasting, mismanaging, or misapplying the ... A bond that is required under Section 723 of this code shall be in an amount that is sufficient to protect the guardianship and its ... If the guardian fails to give the bond required under Section 723 of this code, and the judge does not extend the time, the judge, ... The bond of a guardian is not void on the first recovery, but the bond may be sued on and prosecuted from time to time ... After letters of guardianship of the estate have been granted and on its own motion or on the motion of any interested person, the court ... If an appraiser appointed under Section 727 of this code fails or refuses to act, the court shall remove the appraiser and appoint one or ... (a) Not later than the 30th day after the date the guardian of the estate qualifies as guardian, unless a longer time is granted by ... The guardian shall make and attach to an inventory under Section 729 of this code a full and complete list of all claims due or ... The guardian of the estate shall attach to the inventory and list of claims the guardian's affidavit subscribed and sworn to before an officer in ... An appraiser appointed by the court is entitled to receive a reasonable fee for the performance of the appraiser's duties as an appraiser that are ... (a) On return of the inventory, appraisement, and list of claims, the judge shall examine and approve or disapprove the inventory, appraisement, or list of ... The guardian of the estate shall promptly file with the clerk of court a verified, full, and detailed supplemental inventory and appraisement if property or ... (a) On the written complaint of an interested person that property or claims of the estate have not been included in the inventory and list ... A person interested in an estate who deems an inventory, appraisement, or list of claims returned by the guardian erroneous or unjust in any particular ... When a reappraisement is made, returned, and approved by the court, the reappraisement stands in place of the original appraisement. Not more than one reappraisement ... If there is more than one qualified guardian of the estate, one or more of the guardians, on the neglect of the other guardians, may ... All inventories, appraisements, and lists of claims that have been taken, returned, and approved in accordance with the law, or the record of an inventory, ... (a) Not later than the 60th day after the expiration of 12 months from the date of qualification, unless the court extends that time period, ... (a) The rules in this section govern the handling of annual accounts. (b) Annual accounts shall be filed with the county clerk, and the filing ... (a) The guardian of the person of a ward shall return to the court a sworn, written report showing each item of receipts and disbursements ... If a guardian fails to file any accounting, exhibit, report of the guardian of the person, or other report required by this chapter, any person ... (a) A guardianship of the estate of a ward shall be settled when: (1) a minor ward dies or becomes an adult by becoming 18 ... Before the guardianship of a person or estate of a ward is closed on the death of a ward, the guardian, subject to the approval ... (a) When the guardianship of an incapacitated person is required to be settled as provided by Section 745 of this code, the guardian of the ... Notwithstanding any other provision of this chapter, a probate court in which proceedings to declare heirship are maintained may order the payment by the guardian ... When a guardianship of the estate is required to be settled, the guardian shall present to the court the guardian's verified account for final settlement. ... (a) If a guardian charged with the duty of filing a final account or report fails or neglects so to do at the proper time, ... (a) On the filing of an account for final settlement by a guardian of the estate of a ward, citation must contain a statement that ... (a) On being satisfied that citation has been duly served on all persons interested in the estate, the court shall examine the account for final ... Money or any other thing of value falling due to the estate or ward while the account for final settlement is pending, other than money ... If the guardian has been ordered to make payment of inheritance taxes under this code, an estate of a deceased ward may not be closed ... When the ward is dead and there is no executor or administrator of the ward's estate, or when the ward is a nonresident, or the ... In the settlement of any of the accounts of the guardian of an estate, all debts due the estate that the court is satisfied could ... The guardian of a ward shall account for the reasonable value of the labor or services of the ward of the guardian, or the proceeds ... If a guardian, on final settlement or termination of the guardianship of the estate, neglects to deliver to the person entitled when legally demanded any ... (a) In case of the death of the guardian of the person or of the estate of a ward, a personal representative of the deceased ... (a) A guardian of the estate who wishes to resign the guardian's trust shall file with the clerk a written application to the court to ... (a) A guardian may change its resident agent to accept service of process in a guardianship proceeding or other matter relating to the guardianship by ... (a) A resident agent of a guardian may resign as the resident agent by giving notice to the guardian and filing with the court in ... (a) The court, on its own motion or on motion of any interested person, including the ward, and without notice, may remove any guardian, appointed ... (a) Not later than the 10th day after the date the court signs the order of removal, a personal representative who is removed under Subsection ... In addition, a successor guardian may make himself, and may be made, a party to a suit prosecuted by or against the predecessor of the ... Whenever a guardian shall accept and qualify after letters of guardianship are granted on the estate, the guardian shall, in like manner, succeed to the ... A successor guardian who has qualified to succeed a prior guardian shall make and return to the court an inventory, appraisement, and list of claims ... (a) The guardian of the person is entitled to take charge of the person of the ward, and the duties of the guardian correspond with ... The guardian of the estate of a ward is entitled to the possession and management of all property belonging to the ward, to collect all ... The guardian of both the person of and estate of a ward has all the rights and powers and shall perform all the duties of ... (a) The guardian of an adult may expend funds of the guardianship as provided by court order to care for and maintain the incapacitated person. ... (a) In this section, "psychoactive medication" has the meaning assigned by Section 574.101, Health and Safety Code. (b) If a person under a protective custody ... The guardian of an estate, immediately after receiving letters of guardianship, shall collect and take into possession the personal property, record books, title papers, and ... Every guardian of an estate shall use ordinary diligence to collect all claims and debts due the ward and to recover possession of all property ... A guardian of a ward's estate appointed in this state may institute suits for the recovery of personal property, debts, or damages and suits for ... (a) On application, and if authorized by an order, the guardian of the estate may renew or extend any obligation owed by or to the ... If the ward holds or owns any property in common, or as part owner with another person, the guardian of the estate is entitled to ... (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, ... (a) Subject to Section 777 of this code and on application to the court, the court may order the guardian of the estate of a ... (a) Except as provided by Subsection (b) of this section, a parent who is the guardian of the person of a ward who is 17 ... A guardian or the heirs, executors, administrators, or assigns of a guardian may not dispute the right of the ward to any property that came ... If the ward owns a farm, ranch, factory, or other business and if the farm, ranch, factory, or other business is not required to be ... If the ward was a partner in a general partnership and the articles of partnership provide that, on the incapacity of a partner, the guardian ... (a) The guardian may mortgage or pledge any real or personal property of a guardianship estate by deed of trust or otherwise as security for ... (a) A guardian of the person for whom it is necessary to have a guardian appointed to receive funds from a governmental source has the ... (a) Within one month after receiving letters, personal representatives of estates shall send to the comptroller of public accounts by certified or registered mail if ... (a) Within four months after receiving letters, the guardian of an estate shall give notice of the issuance of the letters to each and every ... (a) If the notice required by Section 784 of this code has been given by a former representative, or by one when several representatives are ... (a) A claim may be presented to the guardian of the estate at any time when the estate is not closed and when suit on ... The general statutes of limitation are tolled: (1) by filing a claim that is legally allowed and approved; or (2) by bringing a suit on ... Except as provided by Section 792 of this code, with respect to the payment of an unauthenticated claim by a guardian, a guardian of the ... Any defect of form or claim of insufficiency of exhibits or vouchers presented is deemed waived by the guardian unless written objection to the form, ... If evidence of a claim is lost or destroyed, the claimant or a representative of the claimant may make affidavit to the fact of the ... The cashier, treasurer, or managing official of a corporation shall make the affidavit required to authenticate a claim of the corporation. When an affidavit is ... A guardian may pay an unauthenticated claim against the estate of the guardian's ward that the guardian believes to be just, but the guardian and ... (a) When a secured claim against a ward is presented, the claimant shall specify in the claim, in addition to all other matters required to ... If the instrument that evidences or supports a claim provides for attorney's fees, the claimant may include as a part of the claim the portion ... A claim may also be presented by depositing the claim, with vouchers and necessary exhibits and affidavit attached to the claim, with the clerk. The ... When a duly authenticated claim against a guardianship estate is presented to the guardian or filed with the clerk as provided by this subpart, the ... The failure of a guardian of an estate to endorse on or annex to a claim presented to the guardian, or the failure of a ... After a claim against a ward's estate has been presented to and allowed by the guardian, either in whole or in part, the claim shall ... (a) Any person interested in a ward, at any time before the court has acted on a claim, may appear and object in writing to ... When a claim or a part of a claim has been rejected by the guardian, the claimant shall institute suit on the claim in the ... (a) A judgment may not be rendered in favor of a claimant on any claim for money that has not been legally presented to the ... All costs incurred in the probate court with respect to claims are taxed as follows: (1) if allowed and approved, the guardianship estate shall pay ... (a) A claim that a guardian of the person or estate held against the ward at the time of the appointment of the guardian, or ... Except as provided for payment at the risk of a guardian of an unauthenticated claim, a claim for money against the estate of a ward ... (a) The guardian shall pay a claim against the estate of the guardian's ward that has been allowed and approved or established by suit, as ... When there is a deficiency of assets to pay all claims of the same class, the claims in the same class shall be paid pro ... A guardian may not purchase for the guardian's own use or for any purposes whatsoever a claim against the guardianship the guardian represents. On written ... When a guardian has on hand the proceeds of a sale that has been made for the satisfaction of a mortgage or other lien and ... (a) If a guardian of an estate fails to pay on demand any money ordered by the court to be paid to any person, except ... Except as provided by this subpart, the sale of any property of the ward may not be made without an order of court authorizing the ... (a) The guardian of an estate, after approval of inventory and appraisement, shall promptly apply for an order of the court to sell at public ... On application by the guardian of the estate or by any interested person, the court may order the sale of any personal property of the ... (a) When the guardian of an estate has in the guardian's possession any livestock that the guardian deems necessary or to the advantage of the ... All sales of personal property at public auction shall be made after notice has been issued by the guardian of the estate and posted as ... No more than six months' credit may be allowed when personal property is sold at public auction, based on the date of the sale. The ... On the filing of a written application, a creditor who holds a claim that is secured by a valid mortgage or other lien and that ... All sales of personal property shall be reported to the court. The laws regulating the confirmation or disapproval of sales of real estate apply to ... Real property of the ward that is selected to be sold for the payment of expenses or claims shall be that property that the court ... An application may be made to the court for an order to sell real property of the estate when it appears necessary or advisable in ... An application for the sale of real estate shall be in writing, must describe the real estate or an interest in or part of the ... When an application for the sale of real estate is filed, it shall immediately be called to the attention of the judge by the clerk. ... On the filing of an application for the sale of real estate under Section 820 of this code and exhibit, the clerk shall issue a ... When an application for an order of sale is made, a person interested in the guardianship, before an order of sale is made by the ... If satisfied on hearing that the sale of the property of the guardianship described in the application made under Section 820 of this code is ... When the guardian of an estate neglects to apply for an order to sell sufficient property to pay the charges and claims against the estate ... (a) The real estate may be sold for cash, or for part cash and part credit, or the equity in land securing an indebtedness may ... (a) Except as otherwise provided by this chapter, all public sales of real estate shall be advertised by the guardian of the estate by a ... All private sales of real estate shall be made in the manner the court directs in its order of sale, and no further advertising, notice, ... The guardian may sell and convey easements and rights of way on, under, and over the land of a guardianship estate that is being administered ... (a) Except as provided by Subsection (b) or (c) of this section, the guardian of an estate may not purchase, directly or indirectly, any property ... A sale of real property of an estate shall be reported to the court that orders the sale not later than the 30th day after ... If the guardian of the estate is not required by this chapter to furnish a general bond, the court may confirm the sale if the ... After the expiration of five days from the date a report of sale is filed under Section 832 of this code, the court shall inquire ... When real estate is sold, the conveyance of real estate shall be by proper deed that refers to and identifies the decree of the court ... After a sale is confirmed by the court and one purchaser has complied with the terms of sale, the guardian of the estate shall execute ... If the guardian of an estate neglects to comply with Section 836 of this code or fails to file the deed of trust securing the ... The guardian of an estate, without court order, may rent any real property of the estate or hire out any personal property of the estate ... If property of the guardianship estate is hired or rented without court order, on the sworn complaint of any person interested in the estate, the ... A guardian of an estate may file a written application with the court setting forth the property sought to be hired or rented. If the ... A person interested in a guardianship may file a written and sworn complaint in a court in which the estate is pending and cause the ... When property is hired or rented on credit, possession of the property may not be delivered until the hirer or renter has executed and delivered ... All property that is hired or rented, with or without a court order, shall be returned to the possession of the guardianship in as good ... (a) When any property of the guardianship estate with an appraised value of $3,000 or more has been hired or rented, the guardian of the ... After five days from the time the report of the hiring or rental is filed, the court shall examine the report and shall approve and ... (a) In this subpart: (1) "Land" or "interest in land" includes minerals or any interest in any of the minerals in place. (2) "Mineral development" ... (a) Notwithstanding the mandatory requirements for setting a time and place for hearing of an application to lease under Section 847 of this code and ... (a) When an existing lease on property owned by the estate does not adequately provide for pooling or unitization, the court may authorize the commitment ... As to any valid mineral lease or pooling or unitization agreement, executed on behalf of the estate before September 1, 1993, pursuant to provisions, or ... When the guardian of an estate neglects to apply for authority to subject property of the estate to a lease for mineral development, pooling, or ... All leases on the oil, gas, or other minerals existing on September 1, 1993, belonging to the estates of minors or other incapacitated persons and ... (a) If a ward owns an interest in real estate in common with another part owner or one or more part owners, and if, in ... (a) The guardian of the estate is not required to invest funds that are immediately necessary for the education, support, and maintenance of the ward ... (a) In acquiring, investing, reinvesting, exchanging, retaining, selling, supervising, and managing a ward's estate, a guardian of the estate shall exercise the judgment and care ... (a) A guardian of the estate may retain without court approval until the first anniversary of the date of receipt any property received into the ... (a) Not later than the 180th day after the date on which the guardian of the estate qualified as guardian or another date specified by ... (a) If a guardian of an estate deems it is in the best interests of the ward the guardian is appointed to represent to invest ... (a) In this section, "life insurance company" means a stock or mutual legal reserve life insurance company that maintains the full legal reserves required under ... (a) If, at any time, the guardian of the estate has on hand money belonging to the ward in an amount that provides a return ... (a) The guardian of the estate may invest estate assets in real estate if: (1) the guardian believes that the investment is in the best ... When the guardian of the estate of a ward lends the money of the ward, the guardian may not pay over or transfer any money ... Not later than the 30th day after the date money belonging to a ward's estate is lent, the guardian of the ward's estate shall report ... (a) In addition to any other remedy authorized by law, if the guardian of the estate fails to invest or lend estate assets in the ... (a) On application of the guardian of the estate or any interested party and after the posting of notice, the court, after hearing, may enter ... (a) On the filing of an application under Section 865 of this code, the guardian of the ward's estate may apply to the court for ... (a) The guardian of the estate may at any time file the guardian's sworn application in writing with the county clerk requesting an order from ... (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 ... If a proceeding for the appointment of a guardian for the alleged incapacitated person is not pending on the date the application is filed, venue ... (a) Except as provided by Subsection (d) of this section, a trust created under Section 867 of this code must provide that: (1) the ward ... On or at any time after the creation of a trust under this subpart, the court may discharge the guardian of the ward's estate if ... The court shall require a person, other than a corporate fiduciary, serving as trustee to file with the county clerk a bond in an amount ... (a) The court may amend, modify, or revoke the trust at any time before the date of the trust's termination. (b) The ward or guardian ... The court may appoint a successor trustee if the trustee resigns, becomes ineligible, or is removed. Added by Acts 1995, 74th Leg., ch. 1039, § ... (a) A trust created under Section 867 of this code is subject to Subtitle B, Title 9, Property Code. (b) To the extent of a ... A court that creates a trust under Section 867 of this code has the same jurisdiction to hear matters relating to the trust as the ... (a) If the ward or incapacitated person is a minor, the trust terminates: (1) on the death of the ward or incapacitated person or the ... (a) The trustee shall prepare and file with the court an annual accounting of transactions in the trust in the same manner and form that ... The guardian of the person or of the estate of the ward or the surety on the bond of the guardian is not liable for ... Unless otherwise provided by the court, the trustee shall: (1) prepare a final account in the same form and manner that is required of a ... The person for whom a temporary guardian is appointed under Section 875 of this code may not be presumed to be incapacitated. Added by Acts ... (a) If a court is presented with substantial evidence that a person may be a minor or other incapacitated person, and the court has probable ... When the temporary guardian files the oath and bond required under this chapter, the court order appointing the temporary guardian takes effect without the necessity ... All the provisions of this chapter relating to the guardianship of persons and estates of incapacitated persons apply to a temporary guardianship of the persons ... At the expiration of a temporary appointment, the appointee shall file with the clerk of the court a sworn list of all property of the ... The court shall act on the list, return, exhibit, and account filed under Section 878 of this code. Whenever temporary letters expire or cease to ... (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 ... A nonresident guardian, regardless of whether the nonresident guardian is qualified under this code, may remove personal property of the ward out of the state ... Guardianship of the estate of a nonresident incapacitated person who owns property in this state may be granted, if necessary, in the same manner as ... (a) Except as provided by Subsection (c) of this section, when a husband or wife is judicially declared to be incapacitated: (1) the other spouse, ... The special powers of management, control, and disposition vested in the community administrator by this chapter shall terminate when the decree of a court of ... (a) On its own motion or on the motion of an interested person for good cause shown, the court may order a community administrator to ... (a) A court, on its own motion or on the motion of an interested person and after the community administrator has been cited by personal ... (a) The court shall appoint an attorney ad litem to represent the interests of an incapacitated spouse in a proceeding to remove a community administrator ... A guardian of the estate of an incapacitated married person who, as guardian, is administering community property as part of the estate of the ward, ... A person whose spouse is judicially declared to be incapacitated and who acquires the power to manage, control, and dispose of the entire community estate ... (a) When the estate of a minor or other incapacitated person or any portion of the estate of the minor or other incapacitated person appears ... (a) When a resident person who is a minor or other incapacitated person, or the former ward of a guardianship terminated under Subpart C, Part ... (a) When a minor has an interest in real or personal property and the net value of the interest does not exceed $100,000, a natural ... (a) In this section: (1) "Home equity loan" means a loan made under Section 50(a)(6), Article XVI, Texas Constitution. (2) "Residence homestead" has the meaning ... (a) This section applies only to a ward who has a guardian of the person but does not have a guardian of the estate. (b) ... (a) In this section: (1) "Home equity loan" means a loan made under Section 50(a)(6), Article XVI, Texas Constitution. (2) "Residence homestead" has the meaning ... (a) A guardian of the person or estate of a ward may apply with the court that has jurisdiction over the guardianship to transfer the ... (a) A guardian appointed by a foreign court to represent an incapacitated person who is residing in this state or intends to move to this ... Not later than the 90th day after the date a court grants an application for receipt and acceptance of a foreign guardianship under Section 892 ... In this subpart: (1) "Advertise" means to solicit or induce, through print or electronic media, including radio, television, computer, or direct mail, to purchase consumer ... This subpart may not be construed to authorize the making of a contract that binds a minor beyond the seventh anniversary of the date of ... (a) A court, on petition of the guardian of the estate of the minor, may enter an order approving for purposes of this subpart an ... (a) In this section, "net earnings" means the total amount to be received for the services of the minor under the contract less: (1) the ... Last modified: August 11, 2007 |