Texas Estates Code 1301.051 – Eligibility to Apply for Creation of Trust
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Terms Used In Texas Estates Code 1301.051
- 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
- person interested: means :
(1) an heir, devisee, spouse, creditor, or any other having a property right in or claim against an estate being administered; and
(2) anyone interested in the welfare of an incapacitated person, including a minor. See Texas Estates Code 22.018 - Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
The following persons may apply for the creation of a trust under this subchapter:
(1) the guardian of a ward;
(2) an attorney ad litem or guardian ad litem appointed to represent a ward or the ward’s interests;
(3) a person interested in the welfare of an alleged incapacitated person who does not have a guardian;
(4) an attorney ad litem or guardian ad litem appointed to represent an alleged incapacitated person who does not have a guardian; or
(5) a person who has only a physical disability.