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Chapter 8

Form 8-1

The expense sheet included as Exhibit A should be customized as appropriate. Some courts prefer a detailed approach, and others will accept more general categories of expenses.

[Caption. See § 3 of the Introduction in this manual.]

Application to Establish Monthly Allowance

[Name of applicant], Applicant, guardian of the estate of [name of ward], Ward, an inca­pacitated person, files this Application to Establish Monthly Allowance under section 1156.001 of the Texas Estates Code and in support shows:

1.Ward is [age] years old and resides with [name of caregiver], [his/her] [relation­ship].

2.Applicant’s present estimate of Ward’s monthly and annual expenses, for which Applicant requests permission to make disbursements for, is set forth in Exhibit A, attached. The expenses listed on Exhibit A are based on the total estimated costs to support Ward.

3.Applicant believes that a monthly allowance, is both reasonable and necessary for Ward’s protection and benefit. An amount of $[amount] per month would be adequate for the education and maintenance of Ward and an additional amount of $[amount] per month would be adequate for the maintenance of Ward’s estate.

4.There will be adequate funds available monthly to pay these expenses because Ward currently receives income of approximately $[amount] from [source of income]. There are currently on deposit the following approximate amounts belonging to Ward’s estate: [describe deposits, including amount].

Applicant requests this Court to enter an order authorizing a monthly allowance of $[amount] for education and maintenance expenses of Ward and $[amount] for maintenance of the Ward’s estate.

Respectfully submitted,

   
[Name]
Attorney for Applicant
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]

Exhibit A

Estimated Expenses

The following lists are provided as examples of catego­ries. It is recommended that the requests be grouped in categories of “Ward’s Education and Maintenance” and “Ward’s Estate” as required by Tex. Est. Code § 1156.001 and totaled to assist the court in its review.

 

Monthly

Yearly

Description

Amount

Amount

 

 

 

1.       Water and sewer

 

 

2.        Electricity

 

 

3.        Gas (e.g., Entex)

 

 

4.        Food and groceries

 

 

5.        Gasoline

 

 

6.        Cable (e.g., Comcast)

 

 

7.        Insurance: car

 

 

8.        Insurance: house

 

 

9.        Insurance: health

 

 

10.      Caregivers

 

 

11.      Charitable donations

 

 

12.      Auto maintenance, accrual

 

 

 

Monthly

Yearly

 

Amount

Amount

13.      Home maintenance

 

 

14.      Lawn service

 

 

15.      Periodicals

 

 

16.      Prescription deductibles

 

 

17.      Toiletries and personal hygiene

 

 

18.      Clothing allowance

 

 

19.      Telephone

 

 

20.      Medical deductibles

 

 

21.      Debt service, estimate

 

 

22.      Miscellaneous expenses

 

 

23.      Personal allowance and spending

 

 

24.      Income tax accrual

 

 

25.      Tax advice and filings

 

 

Total Expenses

$____________

$____________