Guardianship Alternatives 2022 ed., License

Summary of Contents

§ 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