Sec. 1161.104. PROCEDURE FOR INVESTING IN INSURANCE OR ANNUITIES. (a) Before the guardian of the estate may invest in life, term, or endowment insurance policies, in annuity contracts, or in both, the guardian must first apply to the court for an order that authorizes the investment.
(b) The application must include a report that shows:
(1) in detail the estate's financial condition on the date the application is filed;
(2) the name and address of the authorized life insurance company from which the insurance policy or annuity contract is to be purchased and that:
(A) the company is licensed by the Texas Department of Insurance to transact that business in this state on the date the application is filed; or
(B) the policy or contract is administered by the Department of Veterans Affairs;
(3) a statement of:
(A) the face amount and plan of the insurance policy sought to be purchased; and
(B) the amount, frequency, and duration of the annuity payments to be provided by the annuity contract sought to be purchased;
(4) a statement of the amount, frequency, and duration of the premiums required by the insurance policy or annuity contract; and
(5) a statement of the cash value of the insurance policy or annuity contract at the policy's or contract's anniversary nearest the ward's 21st birthday, assuming that all premiums to the anniversary are paid and that there is no indebtedness against the policy or contract incurred in accordance with its terms.
(c) If satisfied by the application and the evidence presented at the hearing that it is in the ward's interests to grant the application, the court shall enter an order granting the application.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
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