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. |
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Monthly |
Yearly |
Description |
Amount |
Amount |
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1. Water and sewer |
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2. Electricity |
|
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3. Gas (e.g., Entex) |
|
|
4. Food and groceries |
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5. Gasoline |
|
|
6. Cable (e.g., Comcast) |
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|
7. Insurance: car |
|
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8. Insurance: house |
|
|
9. Insurance: health |
|
|
10. Caregivers |
|
|
11. Charitable donations |
|
|
12. Auto maintenance, accrual |
|
|
|
Monthly |
Yearly |
|
Amount |
Amount |
13. Home maintenance |
|
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14. Lawn service |
|
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15. Periodicals |
|
|
16. Prescription deductibles |
|
|
17. Toiletries and personal hygiene |
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18. Clothing allowance |
|
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19. Telephone |
|
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20. Medical deductibles |
|
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21. Debt service, estimate |
|
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22. Miscellaneous expenses |
|
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23. Personal allowance and spending |
|
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24. Income tax accrual |
|
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25. Tax advice and filings |
|
|
Total Expenses |
$____________ |
$____________ |