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Texas Statutes (Last Updated: January 4, 2014) |
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PROBATE CODE |
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Chapter XIII. GUARDIANSHIP |
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Part 2. GUARDIANSHIP PROCEEDINGS AND MATTERS |
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Subpart H. COMPENSATION, EXPENSES, AND COURT COSTS |
Sec. 665B. COMPENSATION OF ATTORNEY REPRESENTING APPLICANT
- (a) A court that creates a guardianship for a ward under this chapter, on request of a person who filed an application to be appointed guardian of the proposed ward or for the appointment of another suitable person as guardian of the proposed ward, may authorize the payment of reasonable and necessary attorney's fees, as determined by the court, to an attorney who represents the person who filed the application at the application hearing, regardless of whether the person is appointed the ward's guardian, from:
(1) available funds of the ward's estate; or
(2) subject to Subsection (c) of this section, the county treasury if:
(A) the ward's estate is insufficient to pay for the services provided by the attorney; and
(B) funds in the county treasury are budgeted for that purpose.
(b) The court may not authorize attorney's fees under this section unless the court finds that the applicant acted in good faith and for just cause in the filing and prosecution of the application.
(c) The court may authorize the payment of attorney's fees from the county treasury under Subsection (a) of this section only if the court is satisfied that the attorney to whom the fees will be paid has not received, and is not seeking, payment for the services described by that subsection from any other source.