Texas § ES.1301.054 - CREATION OF TRUST FOR INCAPACITATED PERSON WITHOUT GUARDIAN

§ ES.1301.054. CREATION OF TRUST FOR INCAPACITATED PERSON WITHOUT GUARDIAN

CREATION OF TRUST FOR INCAPACITATED PERSON WITHOUT GUARDIAN. (a) On application by an appropriate person as provided by Section 1301.051 and regardless of whether an application for guardianship has been filed on the alleged incapacitated person's behalf, a proper court exercising probate jurisdiction may enter an order that creates a trust for the management of the estate of an alleged incapacitated person who does not have a guardian if the court, after a hearing, finds that: (1) the person is an incapacitated person; and (2) the creation of the trust is in the incapacitated person's best interests. (b) The court shall conduct the hearing to determine incapacity under Subsection (a) using the same procedures and evidentiary standards as are required in a hearing for the appointment of a guardian for a proposed ward. (c) Except as provided by Subsection (c-1), the court shall appoint an attorney ad litem and, if necessary, may appoint a guardian ad litem, to represent the interests of the alleged incapacitated person in the hearing to determine incapacity under Subsection (a). (c-1) If the application for the creation of the trust is filed by a person who has only a physical disability, the court may, but is not required to, appoint an attorney ad litem or guardian ad litem to represent the interests of the person in the hearing to determine incapacity under Subsection (a). (d) The court may maintain a trust created under this section under the same cause number as the guardianship proceeding, if the person for whom the trust is created is a ward or proposed ward. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093 ), Sec. 6.063, eff. January 1, 2014. Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080 ), Sec. 26, eff. January 1, 2014.