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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. 665. COMPENSATION OF GUARDIANS AND TEMPORARY GUARDIANS
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The court may set the compensation in an amount not exceeding five percent of the ward's gross income.
(a-1) In determining whether to authorize compensation for a guardian under this section, the court shall consider the ward's monthly income from all sources and whether the ward receives medical assistance under the state Medicaid program.
(b) The guardian or temporary guardian of an estate is entitled to reasonable compensation on application to the court at the time the court approves any annual accounting or final accounting filed by the guardian or temporary guardian under this chapter. A fee of five percent of the gross income of the ward's estate and five percent of all money paid out of the estate, subject to the award of an additional amount under Subsection (c) of this section following a review under Subsection (c)(1) of this section, is considered reasonable under this subsection if the court finds that the guardian or temporary guardian has taken care of and managed the estate in compliance with the standards of this chapter.
(c) On application of an interested person or on its own motion, the court may:
(1) review and modify the amount of compensation authorized under Subsection (a) or (b) of this section if the court finds that the amount is unreasonably low when considering the services rendered as guardian or temporary guardian; and
(2) authorize compensation for the guardian or temporary guardian in an estimated amount the court finds reasonable that is to be paid on a quarterly basis before the guardian or temporary guardian files an annual or final accounting if the court finds that delaying the payment of compensation until the guardian or temporary guardian files an accounting would create a hardship for the guardian or temporary guardian.
(d) A finding of unreasonably low compensation may not be established under Subsection (c) of this section solely because the amount of compensation is less than the usual and customary charges of the person or entity serving as guardian or temporary guardian. A court that authorizes payment of estimated quarterly compensation under Subsection (c) of this section may later reduce or eliminate the guardian's or temporary guardian's compensation if, on review of an annual or final accounting or otherwise, the court finds that the guardian or temporary guardian:
(1) received compensation in excess of the amount permitted under this section;
(2) has not adequately performed the duties required of a guardian or temporary guardian under this chapter; or
(3) has been removed for cause.
(d-1) If a court reduces or eliminates a guardian's or temporary guardian's compensation as provided by Subsection (d) of this section, the guardian or temporary guardian and the surety on the guardian's or temporary guardian's bond are liable to the guardianship estate for any excess compensation received.
(e) The court, on application of an interested person or on its own motion, may deny a fee authorized under this section in whole, or in part, if:
(1) the court finds that the guardian or temporary guardian has not adequately performed the duties required of a guardian or temporary guardian under this chapter; or
(2) the guardian or temporary guardian has been removed for cause.
(f) Except as provided by Subsection (c) of this section for a fee that is determined by the court to be unreasonably low, the aggregate fee of the guardian of the person and guardian of the estate may not exceed an amount equal to five percent of the gross income of the ward's estate plus five percent of all money paid out of the estate.
(g) If the estate of a ward is insufficient to pay for the services of a private professional guardian or a licensed attorney serving as guardian of the ward's person, the court may authorize compensation for that guardian if funds in the county treasury are budgeted for that purpose.
(h) In this section:
(1) "Gross income" does not include Department of Veterans Affairs or Social Security benefits received by a ward.
(2) "Money paid out" does not include any money loaned, invested, or paid over on the settlement of the guardianship or a tax-motivated gift made by the ward.