(a) This section applies only if:
(1) a spouse who is not incapacitated is removed as community administrator; or
(2) the court finds that the spouse who is not incapacitated:
(A) would be disqualified to serve as guardian under Subchapter H, Chapter 1104; or
(B) is not suitable to serve as the community administrator for any other reason.
(b) The court shall appoint a guardian of the estate for the incapacitated spouse if the court:
(1) has not appointed a guardian of the estate under § 1353.003(a); or
(2) has appointed the spouse who is not incapacitated as the guardian of the estate under § 1353.003(a).

Terms Used In Texas Estates Code 1353.004

  • 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.
  • Property: means real and personal property. See Texas Government Code 311.005
  • Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033

(c) After considering the financial circumstances of the spouses and any other relevant factors, the court may order the spouse who is not incapacitated to deliver to the guardian of the estate of the incapacitated spouse not more than one-half of the community property that is subject to the spouses’ joint management, control, and disposition under § 3.102, Family Code.
(c-1) If the court finds that the ward‘s spouse fails to comply with an order described by Subsection (c), the court may, after notice and a hearing, order any third party or entity in possession to deliver to the incapacitated spouse’s guardian of the estate the community property described by Subsection (c).
(d) The court shall authorize the guardian of the estate of the incapacitated spouse to administer:
(1) any separate property of the incapacitated spouse;
(2) any community property that is subject to the incapacitated spouse’s sole management, control, and disposition under § 3.102, Family Code;
(3) any community property delivered to the guardian of the estate under Subsection (c); and
(4) any income earned on property described by this section.
(e) Community property administered by a guardian of the estate under Subsection (d) is considered the incapacitated spouse’s community property, subject to the incapacitated spouse’s sole management, control, and disposition under § 3.102, Family Code.

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