Texas Estates Code 1155.202 – Compensation and Costs Payable Under Medical Assistance Program
(a) Notwithstanding any other provision of this title and to the extent permitted by federal law, a court that appoints a guardian for a recipient of medical assistance who has applied income may order the following to be deducted as an additional personal needs allowance in the computation of the recipient’s applied income in accordance with § 32.02451, Human Resources Code:
(1) compensation to the guardian in an amount not to exceed $250 per month;
(2) costs directly related to establishing or terminating the guardianship, not to exceed $1,000 except as provided by Subsection (b); and
(3) other administrative costs related to the guardianship, not to exceed $1,000 during any three-year period.
(b) Costs ordered to be deducted under Subsection (a)(2) may include compensation and expenses for an attorney ad litem or guardian ad litem and reasonable attorney’s fees for an attorney representing the guardian. The costs ordered to be paid may exceed $1,000 if the costs in excess of that amount are supported by documentation acceptable to the court and the costs are approved by the court.
Terms Used In Texas Estates Code 1155.202
- 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 - 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.
- Month: means a calendar month. See Texas Government Code 312.011
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(c) A court may not order:
(1) that the deduction for compensation and costs under Subsection (a) take effect before the later of:
(A) the month in which the court order issued under that subsection is signed; or
(B) the first month of medical assistance eligibility for which the recipient is subject to a copayment; or
(2) a deduction for services provided before the effective date of the deduction as provided by Subdivision (1).