Sec. 1301.053. CREATION OF TRUST. (a) On application by an appropriate person as provided by Section 1301.051 and subject to Section 1301.054(a), if applicable, the court with jurisdiction over the proceedings may enter an order that creates a trust for the management of the funds of the person with respect to whom the application is filed if the court finds that the creation of the trust is in the person's best interests.
(b) 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. 6.062, 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