Guardianship Alternatives 2022 ed.

Summary of Contents

§ 1 Scope of Manual
§ 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 Duty of Department of Veteran Affairs
§ 5.2 Authority
§ 5.3 VA Fiduciary Program
§ 5.4 Designation of VA Fiduciary
§ 5.5 VA Fiduciary Accountings
§ 5.6 VA Fiduciary Fees
§ 5.7 VA Fiduciary as an Alternative to Guardianship
§ 5.8 When Guardianship of Veteran May Be Necessary
§ 5.9 Benefits
§ 5.10 Assistance from the VA
§ 5.11 Veterans Justice Outreach Program
§ 5.12 Veterans Courts
§ 6 Payment of Employees Retirement System Funds to Parent of Minor
§ 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 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
§ 26.1 Payment of Funds to County Clerk; Withdrawal of Funds by Creditor
§ 26.2 Payment of Funds to Court Registry; Withdrawal of Funds by Nonresident Guardian
§ 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 Self-Settled Special Needs Trusts under 42 U.S.C. Section 1396p(d)(4)(A)
§ 28.6 Guardianship Management Trusts
§ 28.6:1 Statutory Basis of 1301 Management Trust
§ 28.6:2 Persons Authorized to Seek Formation of 1301 Management Trust
§ 28.6:3 Required Terms of 1301 Management Trust
§ 28.6:4 Sole Beneficiary
§ 28.6:5 Distribution Standard
§ 28.6:6 Bond
§ 28.6:7 Trustee’s Compensation
§ 28.6:8 Successor Trustee
§ 28.6:9 Liability
§ 28.6:10 Amending Trust
§ 28.6:11 Termination
§ 28.6:12 Annual Account
§ 28.6:13 Final Account
§ 28.6:14 Application and Order to Discharge
§ 28.6:15 Optional Terms of 1301 Management Trust
§ 28.6:16 Authority for Modifying Required Terms of 1301 Management Trust
§ 28.6:17 Adding Supplemental Needs Language
§ 28.6:18 Extending Term of Trust
§ 28.6:19 Coordinating Investments and Distributions with Estate Plan
§ 28.6:20 Avoiding Final Distribution to Estate of Ward or Incapacitated Person
§ 28.6:21 Hurdles to Modifying 1301 Management Trust
§ 28.6:22 Trustee
§ 28.6:23 Court; Hearing; Order
§ 28.6:24 Taxes
§ 28.7 Pooled Special Needs Trust Subaccounts
§ 28.8 Testamentary Trust for Another
§ 28.9 Trusts for Intellectually Disabled Persons
§ 29 Management of Community Property by Spouse
§ 30 Order of No Administration
§ 31 Transfer under Texas Uniform Transfers to Minors Act
§ 32 Transfers of Property
§ 32.1 Sale of Property without Guardianship—Minor
§ 32.2 Sale of Property without Guardianship of Estate
§ 33 Receivership
§ 34 Texas ABLE Program
§ 35 Transfer on Death Deed (TODD)
§ 36 Enhanced Life Estate “Lady Bird” Deed
§ 37 Temporary Authorization to Consent to Voluntary Inpatient Mental-Health Services for Child
§ 38 Mental Illness Diversion Programs (Criminal Courts)
§ 39 Release on Bail for Court-Ordered Outpatient Mental-Health Services
§ 40 Intellectually Disabled Individuals—Release in Lieu of Arrest
§ 41 Visitation Rights: Designation of Essential Caregiver
§ 42 Social Service Agencies
§ 43 Mediation and Family Settlement Agreements
§ 44 Guardianship Resources

Statutes and Rules Cited
Cases Cited
Subject Index
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