Tex. Est. Code § 1301.054 · Subchapter B. CREATION OF MANAGEMENT TRUSTS
CREATION OF TRUST FOR INCAPACITATED PERSON WITHOUT GUARDIAN.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) On application by an appropriate person as provided by Section 1301.051 and regardless of whether an application for guardianship has been filed on the alleged incapacitated person's behalf, a proper court exercising probate jurisdiction may enter an order that creates a trust for the management of the estate of an alleged incapacitated person who does not have a guardian if the court, after a hearing, finds that:
(1) the person is an incapacitated person; and
(2) the creation of the trust is in the incapacitated person's best interests.
(b) The court shall conduct the hearing to determine incapacity under Subsection (a) using the same procedures and evidentiary standards as are required in a hearing for the appointment of a guardian for a proposed ward.
(c) Except as provided by Subsection (c-1), the court shall appoint an attorney ad litem and, if necessary, may appoint a guardian ad litem, to represent the interests of the alleged incapacitated person in the hearing to determine incapacity under Subsection (a).
(c-1) If the application for the creation of the trust is filed by a person who has only a physical disability, the court may, but is not required to, appoint an attorney ad litem or guardian ad litem to represent the interests of the person in the hearing to determine incapacity under Subsection (a).
(d) 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.
Notes and commentary — not statutory text
History
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. 6.063, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 26, eff. January 1, 2014.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1301.htm
- Text hash
- sha256 ee62c776677d7ed895e792fbfbeb03e12caed3a72ebe4ba6a37afdfe4ac9a6a6
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 6 provisions
Provisions in this library whose text cites Tex. Est. Code § 1301.054. Each shows the citation as that text prints it.
Estates Code
- Tex. Est. Code § 1021.001MATTERS RELATED TO GUARDIANSHIP PROCEEDING.Printed as Section 1301.053 or 1301.054
- Tex. Est. Code § 1301.001DEFINITION.Printed as Section 1301.053 or 1301.054
- Tex. Est. Code § 1301.052VENUE FOR PROCEEDING INVOLVING TRUST FOR AN ALLEGED INCAPACITATED PERSON.Printed as Section 1301.054
- Tex. Est. Code § 1301.053CREATION OF TRUST.Printed as Section 1301.054(a)
- Tex. Est. Code § 1301.055AUTHORITY OF COURT TO APPOINT GUARDIAN INSTEAD OF CREATING TRUST.Printed as Section 1301.054
- Tex. Est. Code § 1356.054SET-ASIDE AND PRESERVATION OF PORTION OF NET EARNINGS.Printed as Section 1301.053 or 1301.054
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.