Sec. 1156.004. EXPENDITURES EXCEEDING ALLOWANCE. If a guardian in good faith has spent money from the income and corpus of the estate of the ward for the ward's support and maintenance and the expenditures exceed the monthly allowance authorized by the court, the guardian shall file a motion with the court requesting approval of the expenditures. The court may approve the excess expenditures if:
(1) the expenditures were made when it was not convenient or possible for the guardian to first secure court approval;
(2) the proof is clear and convincing that the expenditures were reasonable and proper;
(3) the court would have granted authority in advance to make the expenditures; and
(4) the ward received the benefits of the expenditures.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Structure Texas Statutes
Title 3 - Guardianship and Related Procedures
Subtitle E - Administration of Guardianship
Chapter 1156 - Education and Maintenance Allowances Paid From Ward's Estate
Subchapter A. Allowances for Ward
Section 1156.001. Application for Allowance
Section 1156.002. Court Determination of Allowance Amount