Guardianship Alternatives

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Guardianship Alternatives

  • Sarah Patel Pacheco, author committee chair
  • Instant Download! Digital Download Features
  • 1 volume; softbound
  • 192 pages
  • © 2016

 

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Texas guardianship proceedings can be intrusive, burdensome and costly. Practitioners should be aware of the many alternatives to guardianship that are available to Texas residents. This book provides an overview of those alternatives, including specific forms that can be used to avoid a court-supervised administration of affairs.

Guardianship Alternatives, previously published as A Road Map to Guardianship Alternatives, is intended to support practitioners in every area by providing knowledgeable and cost-effective legal support to families making plans for financial and medical care. This useful book has been expanded and updated to reflect recent changes in statutory law including laws relating to ensuring maximum self-reliance and independence for an incapacitated person. Practice notes have been expanded and now include discussion on supports and services and less restrictive alternatives, as well as the new statutory supported decision-making agreement. A sample supported decision-making agreement and a sample list of supports and services and the types of agencies or entities that provide them have also been included.  Additional discussion of guardianship management trusts, including new forms, has also been added.

The book is organized to easily direct both general practitioners and seasoned estate planning attorneys through situations in which the time and expense of creating a guardianship is not in the best interest of the client. It alerts practitioners to events that may be anticipated, such as travel, planned surgery, and administering the assets of minors or the infirm.

The Guardianship Alternatives Digital Download, containing the entire book as an internally hyperlinked, word-searchable PDF file and all forms in Word format, is included at no additional charge.

Note: The contents of Guardianship Alternatives are taken and adapted from material in the Texas Guardianship Manual and the Texas Real Estate Forms Manual, published by the State Bar of Texas.

CONTENTS

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Preface
Introduction

§ 1 Scope of Book
§ 2 Supports and Services
§ 3 Bank Accounts
§ 4 Appointment of Representative Payee for Receipt of Social Security Benefits
§ 5 Guardianship of Veterans and Dependents

§ 5.1 Authority
§ 5.2 Legal Custodianship
§ 5.3 Duty of Department of Veterans Affairs
§ 5.4 Benefits
§ 5.5 Veterans Justice Outreach Program
§ 5.6 Veterans Courts
§ 5.7 Assistance

§ 6 Payment of Employees Retirement System Funds
§ 7 Managing and Possessory Conservatorship for Minor
§ 8 Authorization Agreement for Nonparent Relative
§ 9 Removal of Disabilities of Minor
§ 10 School Admission Procedures
§ 11 Durable Power of Attorney
§ 12 Statutory Durable Power of Attorney
§ 13 Supported Decision-Making Agreements
§ 14 Real Estate Power of Attorney
§ 15 Medical Power of Attorney
§ 16 Directive to Physicians
§ 17 Consent of Nonparent under Family Code
§ 18 Emergency Care
§ 19 Out-of-Hospital Do-Not-Resuscitate Order
§ 20 End-Stage Planning and Palliative Care—Statement of Intent
§ 21 Surrogate Decision Making

§ 21.1 Incapacitated Individuals and Inmates
§ 21.2 Persons with Intellectual Disabilities

§ 22 Interventional Alternatives

§ 22.1 Emergency Order for Protective Services
§ 22.2 Court-Ordered Mental Health Services
§ 22.3 Driving Issues—License Renewal in Person over Age Seventy-Nine and the “Re-Test Request”

§ 23 Designation of Guardian in Event of Later Incapacity or Need for Guardian
§ 24 Declaration of Appointment of Guardian for Children in Event of Death
§ 25 Declaration for Mental Health Treatment
§ 26 Payment of Claims without Guardianship
§ 27 Management of Funds Recovered for Minor or Incapacitated Person in Lawsuit Brought by Next Friend or Guardian Ad Litem
§ 28 Trusts

§ 28.1 Purpose and Function
§ 28.2 Inter Vivos Revocable Trust for Grantor
§ 28.3 Texas Property Code Section 142 Trusts
§ 28.4 Mandatory Provisions for Texas Property Code Section 142 Trusts
§ 28.5 Special Needs Trusts under 42 U.S.C. Section 1396p(d)(4)(A)
§ 28.6 Guardianship Management Trusts

§ 28.6:1 Termination of Guardianship
§ 28.6:2 Application to Create Trust
§ 28.6:3 Best Interest
§ 28.6:4 Trustee
§ 28.6:5 Distribution Standard
§ 28.6:6 Bond
§ 28.6:7 Liability
§ 28.6:8 Amending Trust
§ 28.6:9 Annual Account
§ 28.6:10 Termination
§ 28.6:11 Final Account
§ 28.6:12 Application and Order to Discharge
§ 28.6:13 Pay-Back Provision in Special Needs Trust
§ 28.6:14 Parents’ Duty to Support Child
§ 28.6:15 Taxes

§ 28.7 Pooled Trust Subaccounts
§ 28.8 Testamentary Trust for Another
§ 28.9 Trusts for Intellectually Disabled

§ 29 Management of Community Property by Spouse
§ 30 Order of No Administration
§ 31 Transfer under Texas Uniform Transfers to Minors Act
§ 32 Sales of Property

§ 32.1 Sale of Property without Guardianship—Minor
§ 32.2 Sale of Property without Guardianship of Estate

§ 33 Receivership
§ 34 Social Service Agencies
§ 35 Mediation and Family Settlement Agreements

Guardianship Resources
Statutes and Rules Cited
Cases Cited
Subject Index
Digital Download Documentation

FORMS

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Form 1 Authorization Agreement for Nonparent Relative or Voluntary Caregiver
Form 2 Original Petition for Removal of Disabilities of Minority
Form 3 Order Removing Disabilities of Minority
Form 4 Statutory Durable Power of Attorney
Form 5 Supported Decision-Making Agreement
Form 6 Special Durable Power of Attorney for Real Estate Transactions
Form 7 Information Concerning Medical Power of Attorney
Form 8 Medical Power of Attorney Designation of Health-Care Agent
Form 9 Directive to Physicians and Family or Surrogates
Form 10 Authorization to Consent to Treatment of Minor
Form 11 Statement of Intent for End-of-Life Planning
Form 12 Examination/Investigation Request
Form 13 Designation of Guardian in Event of Later Incapacity or Need of Guardian
Form 14 Declaration of Appointment of Guardian for My Children in Event of Death or Incapacity
Form 15 Declaration for Mental Health Treatment
Form 16 Debtor’s Statement—Small Estates
Form 17 Application to Withdraw Funds under Texas Estates Code Chapter 1355
Form 18 Order to Release Funds
Form 19 Motion to Create Texas Property Code Section 142 Trust
Form 20 Order Creating Texas Property Code Section 142 Trust
Form 21 Terms of Trust and Agreement of Trustee
Form 22 Order for Distribution of [Minor’s/Incapacitated Person’s] Funds
Form 23 Application to Create Management Trust for Benefit of [name of ward] Form 24 Management Trust
Form 25 Special Needs Trust Termination Provisions
Form 26 Order Creating Management Trust for Benefit of [name of ward] Form 27 Application for Payment of Trustee’s Compensation
Form 28 Order Authorizing Trustee’s Compensation
Form 29 Application for Leave to Resign as Trustee and for Appointment of Successor Trustee
Form 30 Application to Appoint Successor Trustee of Management Trust
Form 31 Order Appointing Successor Trustee of Management Trust
Form 32 Joint Application for Termination of Original Management Trust, Discharge of Trustee of Original Management Trust, Creation of Restated Management Trust, and Appointment of Trustee of Restated Management Trust
Form 33 Restated Management Trust
Form 34 First Annual Account of Trustee of Management Trust
Form 35 Order Approving Annual Account of Management Trust
Form 36 Order Creating Restated Management Trust and DirectingTrustee to File Final Account
Form 37 Final Account
Form 38 Order Approving Final Account and Directing Funding of Restated Management Trust
Form 39 Application to Discharge Trustee
Form 40 Order Discharging Trustee
Form 41 Application for Establishment of Subaccount with [name of trust] Pooled Trust
Form 42 Order Establishing Subaccount of Pooled Trust
Form 43 Application for Order of No Administration
Form 44 Order of No Administration
Form 45 Transfer under Texas Uniform Transfers to Minors Act
Form 46 Application for Sale of Property under Texas Estates Code Section 1351.001
Form 47 Order for Sale of Property under Texas Estates Code Section 1351.001
Form 48 Application for Sale of Property under Texas Estates Code Section 1351.052
Form 49 Order for Sale of Property under Texas Estates Code Section 1351.052
Form 50 Application for Appointment of Receiver
Form 51 Order Appointing Receiver

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