Sec. 670. COMPENSATION OF CERTAIN GUARDIANS; CERTAIN OTHER GUARDIANSHIP COSTS  


Latest version.
  • (a) In this section:

    (1) "Applied income" means the portion of the earned and unearned income of a recipient of medical assistance or, if applicable, the recipient and the recipient's spouse, that is paid under the medical assistance program to an institution or long-term care facility in which the recipient resides.

    (2) "Medical assistance" has the meaning assigned by Section 32.003, Human Resources Code.

    (b) Notwithstanding any other provision of this chapter and to the extent permitted by federal law, a court that appoints a guardian for a recipient of medical assistance who has applied income may order the following to be deducted as an additional personal needs allowance in the computation of the recipient's applied income in accordance with Section 32.02451, Human Resources Code:

    (1) compensation to the guardian in an amount not to exceed $175 per month;

    (2) costs directly related to establishing or terminating the guardianship, not to exceed $1,000 except as provided by Subsection (c) of this section; and

    (3) other administrative costs related to the guardianship, not to exceed $1,000 during any three-year period.

    (c) Costs ordered to be deducted under Subsection (b)(2) of this section may include compensation and expenses for an attorney ad litem or guardian ad litem and reasonable attorney's fees for an attorney representing the guardian. The costs ordered to be paid may exceed $1,000 if the costs in excess of that amount are supported by documentation acceptable to the court and the costs are approved by the court.

    (d) A court may not order:

    (1) that the deduction for compensation and costs under Subsection (b) of this section take effect before the later of:

    (A) the month in which the court order issued under that subsection is signed; or

    (B) the first month of medical assistance eligibility for which the recipient is subject to a copayment; or

    (2) a deduction for services provided before the effective date of the deduction as provided by Subdivision (1) of this subsection.

Added by Acts 2009, 81st Leg., R.S., Ch. 859 , Sec. 2, eff. September 1, 2009. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 599 , Sec. 8, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 823 , Sec. 3.02, eff. January 1, 2014.