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 Annual Expenditures

[Name of applicant], Applicant, guardian of the estate of [name of ward], Ward, an inca­pacitated person, files this Application to Establish Annual Expenditures 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 the period of [date] to [date], 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 care and maintenance of Ward.

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

The last annual account was approved by this Court on [date] and covered the period from [date] to [date].

Applicant requests this Court to enter an order authorizing a monthly allowance of $[amount] for maintenance expenses of Ward, including but not limited to [include as applica­ble: day care, clothing, medical care, education, food, shelter, and transportation] and that annually these expenditures should not exceed $[amount].

Respectfully submitted,

   
[Name]
Attorney for Applicant
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]

State of Texas)

County of)

The undersigned states under oath: “I am the applicant in the foregoing application. I have personal knowledge of the facts stated in it and the accompanying exhibits, and they are true and correct.”

   
Affiant

SIGNED under oath before me on ______________________________.

   
Notary Public, State of Texas

Exhibit A

Estimated Expenses