Texas Estates Code 1102.005 – Compensation of Guardian Ad Litem
(a) Regardless of whether a guardianship is created for a proposed ward and except as provided by § 1155.151, a court that appoints a guardian ad litem under § 1102.001 may authorize compensation of the guardian ad litem from available funds of:
(1) the proposed ward’s estate; or
(2) the management trust, if a management trust has been created for the benefit of the proposed ward under Chapter 1301.
(b) Except as provided by § 1155.151, after examining the proposed ward’s assets or the assets of any management trust created for the proposed ward’s benefit under Chapter 1301, and determining that the proposed ward or the management trust is unable to pay for services provided by the guardian ad litem, the court may authorize compensation from the county treasury.
Terms Used In Texas Estates Code 1102.005
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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.
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033