Provide as much information as possible to show the court that the ward has a genuine need for additional economic support and that the ward’s parents are unable to provide that support without undue hardship because the court must make a finding based on clear and convincing evidence. See section 8.3:2 in this chapter. Attach to Exhibit B information documenting the parents’ hardship conditions and any other supporting evidence to establish need. Adequate documentation may permit the court to authorize reasonable requests without formal court hearings. Note that, to the extent possible, the guardian should pay any routine expenses and limit payments to caregivers or custodial parents to those amounts that are difficult for the guardian for the guardian to pay directly.
[Caption. See § 3 of the Introduction in this manual.]
Application to Expend Funds for Care and Support of Minor Ward
[Name of applicant], Applicant, guardian of the person of [name of ward], Ward, an incapacitated person, files this Application to Expend Funds for Care and Support of Minor Ward under Texas Estates Code section 1156.051(b) and shows:
1.Ward is a minor. Ward is [age] years old and resides with [name of caregiver], [his/her] [relationship].
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Describe circumstances that prevent the ward’s parents from providing for his support, education, or maintenance without unreasonable hardship. The following paragraphs are examples. |
2.Ward is in immediate need of [specify need]. Ward’s physical condition is [specify condition]. Ward has special needs for [specify other needs], and expenses [must be/were] incurred by Ward’s [relationship], [name of caregiver], for Ward’s care and maintenance that far exceed the amount that [name[s] of parent[s]] could adequately provide. [Specify other facts, e.g.: Ward’s father is unable to work or unable to obtain employment that will provide for Ward’s needs.]
Applicant believes that $[amount] annually would be adequate for the immediate care and maintenance of Ward and requests authority to pay that amount in monthly installments directly to [name of caregiver] to be used for the care and maintenance of Ward according to Texas Estates Code section 1156.051(b). See the attached Exhibits A and B.
3.There are adequate funds available for this disbursement because Applicant currently receives $[amount] per month from [source of income] for the benefit of Ward and currently has on deposit the following amounts belonging to Ward’s estate: [describe deposits, including amount].
4.The foregoing expenditure of funds for the care and maintenance of Ward is reasonable and necessary and in the best interests of Ward and Ward’s estate and should be authorized by this Court.
Applicant requests that the Court enter an order authorizing Applicant to disburse the sum of $[amount] monthly for payment of expenses of Ward, including [include as applicable: day care, clothing, medical care, food, shelter, education, and transportation] and requests all further relief to which Applicant may be entitled.
Respectfully submitted,
[Name]
Attorney for Applicant
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]
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Include the following as applicable. While not mandatory, the guardian’s verification of the application may avoid a hearing and expedite approval of the application. |
VERIFICATION
State of Texas)
COUNTY OF [county] )
BEFORE ME, the undersigned notary public, on this day personally appeared [name], who being by me duly sworn on [his/her] oath deposed and said that [he/she] has read the above and foregoing [title of document] [and exhibits] and that the matters contained therein are within [his/her] personal knowledge and are true and correct.
SWORN TO AND SUBSCRIBED BEFORE ME on ______________________________.
Notary Public, State of Texas
[Name of parent] appeared in person before me today and stated under oath:
“My name is [name of parent]. I am competent to make this affidavit. The facts stated within this affidavit are within my personal knowledge and are true and correct.
“I am the [relationship] of [name of ward], an incapacitated person.
“Because of Ward’s [physical/medical/[specify other conditions]] condition[s], I am unable to provide adequately for [his/her] needs from my own finances.
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Include if applicable. |
“Ward has certain unmet needs that can and should be addressed at an early stage to prevent long-term harm to Ward.
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Continue with the following. |
“I am aware of my obligation to provide for the support of Ward and would do so were it not for the unreasonable hardship that these expenditures [have placed/will place] on me and Ward’s family.
“I have provided [name of applicant], guardian of the person of Ward, copies of my W-2 forms and my income tax return for the last [specify] years, which clearly indicate the financial condition of our family.
“I have also provided Applicant with a list of services Ward needs, and when necessary I have obtained estimates of the costs to provide these services.
“The application to expend funds and accompanying exhibits are true, correct, and complete statements of the matters to which they relate to the fullest extent of my knowledge at this time.”
Affiant
SIGNED under oath before me on ______________________________.
Notary Public, State of Texas
Attached hereto and made a part of Applicant’s Application to Expend Funds for Care and Support of Minor Ward under section 1156.051(b) of the Texas Estates Code [is/are]: [specify supporting documentation].