Texas Estates Code 1151.0525 – Access and Management of Ward’s Funds by Guardian of Person
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(a) This section applies only to the guardian of the person of a ward for whom the court has not appointed a guardian of the estate.
(b) On application to and order from the court, the guardian of the person of a ward may access, manage, and spend the ward’s funds in an amount not to exceed $20,000 per year for the ward’s benefit. The court shall require the guardian to file a new bond or a rider to an existing bond that meets the surety requirements for a guardian of the estate’s bond under § 1105.160.
Terms Used In Texas Estates Code 1151.0525
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Surety: includes a personal surety and a corporate surety. See Texas Estates Code 22.032
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) A guardian of the person shall include any expenditures made for the benefit of the ward if authorized by court order under Subsection (b) in the annual report required by § 1163.101.
(d) When there is no longer a need for the guardian of the person to access, manage, or spend the ward’s funds, the guardian of the person shall file a sworn affidavit of fulfillment with the court. After the filing of the affidavit, the court, on motion filed with the court, may authorize the guardian to file a new bond or a rider to an existing bond that meets the requirements for a guardian of the person’s bond under § 1105.102, and may discharge the guardian of the person and the guardian’s sureties on a bond required by Subsection (b).