Texas Estates Code 1156.003 – Court Order Setting Allowance
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(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.
Terms Used In Texas Estates Code 1156.003
- 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
- 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) 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.