Texas Laws - Probate Code
CHAPTER XIII. GUARDIANSHIP
PART 4. ADMINISTRATION OF GUARDIANSHIP

SUBPART B. ANNUAL ACCOUNTS, REPORTS, AND OTHER EXHIBITS (5402)(1-click HTML)

Text of article effective until January 01, 2014 (5403)

(1) all property that has come to the guardian's knowledge or into the guardian's possession that has not been previously listed or inventoried as property of the ward; (5404)

(2) any changes in the property of the ward that have not been previously reported; (5405)

(3) a complete account of receipts and disbursements for the period covered by the account, and the source and nature of the receipts and disbursements, with receipts of principal and income shown separately; (5406)

(4) a complete, accurate, and detailed description of the property being administered, the condition of the property, and the use being made of the property and, if rented, the terms of the rental and the price for which the property is being rented; (5407)

(5) the cash balance on hand and the name and location of the depository where the cash balance is kept and any other sums of cash in savings accounts or other form, deposited subject to court order, and the name and location of the depository of the cash; and (5408)

(6) a detailed description of personal property of the estate, that, with respect to bonds, notes, and other securities, includes the names of obligor and obligee, or if payable to bearer, so state; the date of issue and maturity; the rate of interest; serial or other identifying numbers; in what manner the property is secured; and other data necessary to identify the same fully, and how and where held for safekeeping. (5409)

(b) A guardian of the estate shall file annual accounts conforming to the essential requirements of those in Subsection (a) of this section as to changes in the assets of the estate after rendition of the former account so that the true condition of the estate, with respect to money or securities or other property, can be ascertained by the court or by any interested person, by adding to the balances forward the receipts, and then subtracting the disbursements. The description of property sufficiently described in an inventory or previous account may be by reference to the property. (5410)

(c) The following shall be annexed to all annual accounts of guardians of estates: (5411)

(1) proper vouchers for each item of credit claimed in the account, or, in the absence of a voucher, the item must be supported by evidence satisfactory to the court, and original vouchers may, on application, be returned to the guardian after approval of the guardian's account; (5412)

(2) an official letter from the bank or other depository in which the money on hand of the estate or ward is deposited that shows the amounts in general or special deposits; and (5413)

(3) proof of the existence and possession of securities owned by the estate, or shown by the accounting, and other assets held by a depository subject to court order, the proof by one of the following means: (5414)

(A) an official letter from the bank or other depository that holds the securities or other assets for safekeeping; provided, that if the depository is the representative, the official letter shall be signed by a representative of the depository other than the depository that verifies the account; (5415)

(B) a certificate of an authorized representative of the corporation that is the surety on the representative's bonds; (5416)

(C) a certificate of the clerk or a deputy clerk of a court of record in this state; or (5417)

(D) an affidavit of any other reputable person designated by the court on request of the guardian or other interested party. (5418)

(d) A certificate or affidavit under this section shall be to the effect that the affiant has examined the assets exhibited to the affiant by the guardian as assets of the estate in which the accounting is made, shall describe the assets by reference to the account or otherwise sufficiently to identify those assets exhibited, and shall state the time when and the place where the assets were exhibited. Instead of using a certificate or an affidavit, the representative may exhibit the securities to the judge of the court who shall endorse on the account, or include in the judge's order with respect to the account, a statement that the securities shown to the judge as on hand were in fact exhibited to the judge and that those securities exhibited to the judge were the same as those shown in the account, or note any variance. If the securities are exhibited at any place other than where deposited for safekeeping, it shall be at the expense and risk of the representative. The judge may require additional evidence as to the existence and custody of the securities and other personal property as in the judge's discretion the judge considers proper, and the judge may require the representative to exhibit the securities to the judge, or any person designated by the judge, at any time at the place where the securities are held for safekeeping. (5419)

(e) The guardian of the estate filing the account shall attach to the account the guardian's affidavit that: (5420)

(1) the account contains a correct and complete statement of the matters to which the account relates; (5421)

(2) the guardian has paid the bond premium for the next accounting period; (5422)

(3) the guardian has filed all tax returns of the ward due during the accounting period; and (5423)

(4) the guardian has paid all taxes the ward owed during the accounting period, showing: (5424)

(A) the amount of the taxes; (5425)

(B) the date the guardian paid the taxes; and (5426)

(C) the name of the governmental entity to which the guardian paid the taxes. (5427)

(f) If the guardian, on the ward's behalf, has not filed a tax return or paid taxes that are due on the filing of the account under this section, the guardian of the estate filing the account shall attach to the account a description of the taxes and the reasons for the guardian's failure to file the return or pay the taxes. (5428)

(g) If the estate produces negligible or fixed income, the court has the power to waive the filing of annual accounts, and the court may permit the guardian to receive all income and apply it to the support, maintenance, and education of the ward and account to the court for income and corpus of the estate when the estate must be closed. (5429)

Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993. (5430)

Text of article effective until January 01, 2014 (5431)

Sec. 742. ACTION ON ANNUAL ACCOUNTS. (a) The rules in this section govern the handling of annual accounts. (5432)(1-click HTML)

(5433)

(b) Annual accounts shall be filed with the county clerk, and the filing of the accounts shall be noted on the judge's docket. (5434)

(c) Before being considered by the judge, the account must remain on file for 10 days. (5435)

(d) After the expiration of 10 days after the filing of an annual account, the judge shall consider the annual account, and may continue the hearing on the account until the judge is fully advised as to all items of the account. (5436)

(e) An accounting may not be approved unless possession of cash, listed securities, or other assets held in safekeeping or on deposit under court order has been proved as required by law. (5437)

(f) If an account is found to be incorrect, it shall be corrected. When corrected to the satisfaction of the court, the account shall be approved by a court order, and the court shall act with respect to unpaid claims, as follows: (5438)

(1) if it appears from the exhibit, or from other evidence, that the estate is wholly solvent, and that the guardian has sufficient funds for the payment of every claim against the estate, the court shall order immediate payment made of all claims allowed and approved or established by judgment; and (5439)

(2) if it appears from the account, or from other evidence, that the funds on hand are not sufficient for the payment of all the claims, or if the estate is insolvent and the guardian has any funds on hand, the court shall order the funds to be applied to the payment of all claims having a preference in the order of their priority if any claim is still unpaid, and then to the payment pro rata of the other claims allowed and approved or established by final judgment, taking into consideration also the claims that were presented not later than 12 months after the date of the granting of letters of guardianship and those claims that are in suit or on which suit may yet be instituted. (5440)

Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 1039, Sec. 43, eff. Sept. 1, 1995. (5441)

Text of article effective until January 01, 2014 (5442)

Sec. 743. REPORTS OF GUARDIANS OF THE PERSON. (a) The guardian of the person of a ward shall return to the court a sworn, written report showing each item of receipts and disbursements for the support and maintenance of the ward, the education of the ward when necessary, and support and maintenance of the ward's dependents, when authorized by order of court. (5443)(1-click HTML)

(5444)

(b) The guardian of the person, whether or not there is a separate guardian of the estate, shall submit to the court an annual report by sworn affidavit that contains the following information: (5445)

(1) the guardian's current name, address, and phone number; (5446)

(2) the ward's current: (5447)

(A) name, address, and phone number; and (5448)

(B) age and date of birth; (5449)

(3) the type of home in which the ward resides, described as the ward's own; a nursing, guardian's, foster, or boarding home; a relative's home, and the ward's relationship to the relative; a hospital or medical facility; or other type of residence; (5450)

(4) the length of time the ward has resided in the present home and, if there has been a change in the ward's residence in the past year, the reason for the change; (5451)

(5) the date the guardian most recently saw the ward, and how frequently the guardian has seen the ward in the past year; (5452)

(6) a statement indicating whether or not the guardian has possession or control of the ward's estate; (5453)

(7) the following statements concerning the ward's health during the past year: (5454)

(A) whether the ward's mental health has improved, deteriorated, or remained unchanged, and a description if there has been a change; and (5455)

(B) whether the ward's physical health has improved, deteriorated, or remained unchanged, and a description if there has been a change; (5456)

(8) a statement concerning whether or not the ward has regular medical care, and the ward's treatment or evaluation by any of the following persons during the last year, including the name of that person, and the treatment involved: (5457)

(A) a physician; (5458)

(B) a psychiatrist, psychologist, or other mental health care provider; (5459)

(C) a dentist; (5460)

(D) a social or other caseworker; or (5461)

(E) another individual who provided treatment; (5462)

(9) a description of the ward's activities during the past year, including recreational, educational, social, and occupational activities, or if no activities are available or if the ward is unable or has refused to participate in them, a statement to that effect; (5463)

(10) the guardian's evaluation of the ward's living arrangements as excellent, average, or below average, including an explanation if the conditions are below average; (5464)

(11) the guardian's evaluation of whether the ward is content or unhappy with the ward's living arrangements; (5465)

(12) the guardian's evaluation of unmet needs of the ward; (5466)

(13) a statement of whether or not the guardian's power should be increased, decreased, or unaltered, including an explanation if a change is recommended; (5467)

(14) a statement that the guardian has paid the bond premium for the next reporting period; and (5468)

(15) any additional information the guardian desires to share with the court regarding the ward, including whether the guardian has filed for emergency detention of the ward under Subchapter A, Chapter 573, Health and Safety Code, and if applicable, the number of times the guardian has filed and the dates of the applications. (5469)

(c) If the ward is deceased, the guardian shall provide the court with the date and place of death, if known, in lieu of the information about the ward otherwise required to be provided in the annual report. (5470)

(d) Unless the judge is satisfied that the facts stated are true, he shall issue orders as are necessary for the best interests of the ward. (5471)

(e) If the judge is satisfied that the facts stated in the report are true, the court shall approve the report. (5472)

(f) The court on the court's own motion may waive the costs and fees related to the filing of a report approved under Subsection (e) of this section. (5473)

(g) Once each year for the duration of the guardianship, a guardian of the person shall file the report that contains the information required by Subsections (a) and (b) of this section. Except as provided by Subsection (h) of this section, the report must cover a 12-month reporting period that begins on the date the guardian qualifies to serve. (5474)

(h) The court may change a reporting period for purposes of this section but may not extend a reporting period so that it covers more than 12 months. (5475)

(i) Each report is due not later than the 60th day after the date on which the reporting period ends. (5476)

(j) A guardian of the person may complete and file the report required under this section without the assistance of an attorney. (5477)

Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 1039, Sec. 44, 45, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1403, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 905, Sec. 5, eff. Sept. 1, 1999. (5478)

Subsec. (b) amended by Acts 2003, 78th Leg., ch. 692, Sec. 1, eff. Sept. 1, 2003. (5479)

Text of article effective until January 01, 2014 (5480)

Sec. 744. PENALTY FOR FAILURE TO FILE ACCOUNTINGS, EXHIBITS, OR REPORTS. If a guardian fails to file any accounting, exhibit, report of the guardian of the person, or other report required by this chapter, any person interested in the estate may, on written complaint filed with the clerk of the court, or the court on its own motion, may cause the guardian to be cited to appear and show cause why the guardian should not file the account, exhibit, or report; and, on hearing, the court may order the guardian to file the account, exhibit, or report, and, unless good cause is shown for the failure to file the account, exhibit, or report, the court may fine the guardian an amount not to exceed $1,000, revoke the letters of the guardian, or fine the guardian an amount not to exceed $1,000 and revoke the letters of the guardian. (5481)(1-click HTML)

(5482)

Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 1039, Sec. 46, eff. Sept. 1, 1995. (5483)

  

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