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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Estates Code § 1301.055: AUTHORITY OF COURT TO APPOINT GUARDIAN INSTEAD OF CREATING TRUST.

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Where this section sits in the code
  1. ESTATES CODE
  2. TITLE 3. GUARDIANSHIP AND RELATED PROCEDURES
  3. SUBTITLE H. COURT-AUTHORIZED TRUSTS AND ACCOUNTS
  4. CHAPTER 1301. MANAGEMENT TRUSTS
  5. SUBCHAPTER B. CREATION OF MANAGEMENT TRUSTS

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.

Collected 2026-08-27T01:47:08Z. Source file · JSON

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