Sec. 1301.055. AUTHORITY OF COURT TO APPOINT GUARDIAN INSTEAD OF CREATING TRUST. If, after a hearing under Section 1301.054, the court finds that the person for whom the application was filed is an incapacitated person but that it is not in the incapacitated person's best interests for the court to create a trust under this subchapter for the incapacitated person's estate, the court may appoint a guardian of the person or estate, or both, for the incapacitated person without commencing a separate proceeding for that purpose.
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. 982 (H.B. 2080), Sec. 27, 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