Allowances Paid From Ward's Estate - Texas Guardianship Law
Texas Guardianship Law
EDUCATION AND MAINTENANCE ALLOWANCES PAID FROM WARD'S ESTATE
TEXAS ESTATES CODE, TITLE 3. SUBTITLE E. CHAPTER 1156.
ALLOWANCES FOR WARD
Sec. 1156.001. APPLICATION FOR ALLOWANCE.
(a) Subject to Section 1156.051, if a monthly allowance for a ward was not ordered in the court's order appointing a guardian, the guardian of the estate of the ward shall file with the court an application requesting a monthly allowance to be spent from the income and corpus of the ward's estate for:
(1) the education and maintenance of the ward; and
(2) the maintenance of the ward's property.
(b) The guardian must file the application not later than the 30th day after the date the guardian qualifies as guardian or the date specified by the court, whichever is later.
(c) The application must clearly separate amounts requested for the ward's education and maintenance from amounts requested for maintenance of the ward's property.
Sec. 1156.002. COURT DETERMINATION OF ALLOWANCE AMOUNT.
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.
Sec. 1156.003. COURT ORDER SETTING ALLOWANCE.
(a) 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.
(b) If different persons have the guardianship of the person and of the estate of a ward, the court's order setting a monthly allowance must specify:
(1) the amount, if any, set by the court for the ward's education and maintenance that the guardian of the estate shall pay; and
(2) the amount, if any, that the guardian of the estate shall pay to the guardian of the person, at a time specified by the court, for the ward's education and maintenance.
(c) 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 by court order to make the payment after the guardian is cited to appear.
(d) 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 Subchapter A, Chapter 1163.
Sec. 1156.004. EXPENDITURES EXCEEDING ALLOWANCE.
If a guardian in good faith has spent money from the income and corpus of the estate of the ward for the ward's support and maintenance 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.
ALLOWANCES FOR WARD'S FAMILY
Sec. 1156.051. CERTAIN ALLOWANCES PROHIBITED WHEN PARENT IS GUARDIAN OF MINOR WARD.
(a) Except as provided by Subsection (b), a parent who is the guardian of the person of a ward who is 17 years of age or younger may not use the income or the corpus from the ward's estate for the ward's support, education, or maintenance.
(b) A court with proper jurisdiction may authorize the guardian of the person to spend the income or the corpus from the ward's estate to support, educate, or maintain the ward if the guardian presents to the court clear and convincing evidence that the ward's parents are unable without unreasonable hardship to pay for all of the expenses related to the ward's support.
Sec. 1156.052. ALLOWANCE FOR WARD'S SPOUSE OR DEPENDENT.
(a) Subject to Section 1156.051 and on application to the court, the court may order the guardian of the estate of a ward to spend money from the ward's estate for the education and maintenance of the ward's spouse or dependent.
(b) In determining whether to order the expenditure of money from a ward's estate for the ward's spouse or dependent, as appropriate, under this section, the court shall consider:
(1) the circumstances of the ward, the ward's spouse, and the ward's dependents;
(2) the ability and duty of the ward's spouse to support himself or herself and the ward's dependent;
(3) the size of the ward's estate;
(4) a beneficial interest the ward or the ward's spouse or dependent has in a trust; and
(5) an existing estate plan, including a trust or will, that provides a benefit to the ward's spouse or dependent.
(c) A person who makes an application to the court under this section shall mail notice of the application by certified mail to all interested persons.