Tex.
Est. Code Section 1353.004
Appointment of Guardian of the Estate Under Certain Circumstances
(a)
This section applies only if:(1)
a spouse who is not incapacitated is removed as community administrator; or(2)
the court finds that the spouse who is not incapacitated:(A)
would be disqualified to serve as guardian under Subchapter H (Incapacity or Inexperience), Chapter 1104 (Selection of and Eligibility to Serve as Guardian); or(B)
is not suitable to serve as the community administrator for any other reason.(b)
The court shall appoint a guardian of the estate for the incapacitated spouse if the court:(1)
has not appointed a guardian of the estate under Section 1353.003 (Appointment of Guardian of the Estate to Administer Separate Property)(a); or(2)
has appointed the spouse who is not incapacitated as the guardian of the estate under Section 1353.003 (Appointment of Guardian of the Estate to Administer Separate Property)(a).(c)
After considering the financial circumstances of the spouses and any other relevant factors, the court may order the spouse who is not incapacitated to deliver to the guardian of the estate of the incapacitated spouse not more than one-half of the community property that is subject to the spouses’ joint management, control, and disposition under Section 3.102 (Managing Community Property), Family Code.(c-1)
If the court finds that the ward’s spouse fails to comply with an order described by Subsection (c), the court may, after notice and a hearing, order any third party or entity in possession to deliver to the incapacitated spouse’s guardian of the estate the community property described by Subsection (c).(d)
The court shall authorize the guardian of the estate of the incapacitated spouse to administer:(1)
any separate property of the incapacitated spouse;(2)
any community property that is subject to the incapacitated spouse’s sole management, control, and disposition under Section 3.102 (Managing Community Property), Family Code;(3)
any community property delivered to the guardian of the estate under Subsection (c); and(4)
any income earned on property described by this section.(e)
Community property administered by a guardian of the estate under Subsection (d) is considered the incapacitated spouse’s community property, subject to the incapacitated spouse’s sole management, control, and disposition under Section 3.102 (Managing Community Property), Family Code.
Source:
Section 1353.004 — Appointment of Guardian of the Estate Under Certain Circumstances, https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1353.htm#1353.004 (accessed Apr. 20, 2024).
