Sec. 1301.052. VENUE FOR PROCEEDING INVOLVING TRUST FOR AN ALLEGED INCAPACITATED PERSON. (a) An application for the creation of a trust under Section 1301.054 for an alleged incapacitated person must be filed in the same court in which a proceeding for the appointment of a guardian for the person is pending, if any.
(b) If a proceeding for the appointment of a guardian for an alleged incapacitated person is not pending on the date an application is filed for the creation of a trust under Section 1301.054 for the person, venue for a proceeding to create a trust must be determined in the same manner as venue for a proceeding for the appointment of a guardian is determined under Section 1023.001.
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. 6.061, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 25, eff. January 1, 2014.
Structure Texas Statutes
Title 3 - Guardianship and Related Procedures
Subtitle H - Court-Authorized Trusts and Accounts
Chapter 1301 - Management Trusts
Subchapter B. Creation of Management Trusts
Section 1301.051. Eligibility to Apply for Creation of Trust
Section 1301.052. Venue for Proceeding Involving Trust for an Alleged Incapacitated Person
Section 1301.053. Creation of Trust
Section 1301.054. Creation of Trust for Incapacitated Person Without Guardian
Section 1301.055. Authority of Court to Appoint Guardian Instead of Creating Trust
Section 1301.056. Contents of Order Creating Trust