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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of a temporary guardian to receive |
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certain social security benefits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle G, Title 3, Estates Code, is amended by |
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adding Chapter 1251A to read as follows: |
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CHAPTER 1251A. TEMPORARY GUARDIANSHIP TO RECEIVE CERTAIN SOCIAL |
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SECURITY BENEFITS |
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SUBCHAPTER A. APPOINTMENT OF TEMPORARY GUARDIAN TO RECEIVE CERTAIN |
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SOCIAL SECURITY BENEFITS GENERALLY |
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Sec. 1251A.001. APPOINTMENT OF TEMPORARY GUARDIAN TO |
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RECEIVE CERTAIN SOCIAL SECURITY BENEFITS. (a) A court shall |
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appoint a temporary guardian with the limited power to receive |
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funds under the federal Social Security Act (42 U.S.C. Section 301 |
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et seq.), including funds in the form of Supplemental Security |
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Income (SSI) benefits under 42 U.S.C. Section 1381 et seq. or funds |
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in the form of Social Security Disability Insurance (SSDI) benefits |
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under 42 U.S.C. Section 401 et seq., if the court: |
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(1) is presented with substantial evidence that a |
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person may be an incapacitated person; and |
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(2) has probable cause to believe that the immediate |
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appointment of a guardian is required. |
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(b) The person for whom a temporary guardian is appointed |
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under this chapter retains all rights and powers that are not |
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specifically granted to the person's temporary guardian by court |
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order. |
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Sec. 1251A.002. NO PRESUMPTION OF INCAPACITY. A person for |
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whom a temporary guardian is appointed under this chapter may not be |
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presumed to be incapacitated. |
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Sec. 1251A.003. PERSONS ELIGIBLE FOR APPOINTMENT AS |
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TEMPORARY GUARDIAN TO RECEIVE CERTAIN SOCIAL SECURITY BENEFITS. |
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The following persons are eligible for appointment as temporary |
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guardian under this chapter: |
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(1) the person's spouse; |
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(2) the person's reasonably available adult children; |
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(3) the person's parents; or |
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(4) the person's nearest living relative. |
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Sec. 1251A.004. APPLICATION. (a) A sworn, written |
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application for the appointment of a temporary guardian shall be |
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filed before the court appoints a temporary guardian under this |
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chapter. |
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(b) The application must state: |
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(1) the name and address of the person who is the |
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subject of the guardianship proceeding; |
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(2) the appointment is requested for the limited |
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purpose of receiving funds under the federal Social Security Act, |
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including a description of the specific benefits sought; |
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(3) the facts and reasons supporting the allegations |
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and requests; |
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(4) the proposed temporary guardian's name, address, |
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and qualification; and |
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(5) the applicant's name, address, and interest. |
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Sec. 1251A.005. NOTICE OF APPLICATION. (a) On the filing |
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of an application for temporary guardianship under this chapter, |
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the clerk shall issue notice to be served on: |
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(1) the proposed ward; and |
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(2) the proposed temporary guardian named in the |
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application, if that person is not the applicant. |
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(b) The notice must describe: |
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(1) the rights of the parties; and |
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(2) the date, time, place, purpose, and possible |
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consequences of a hearing on the application. |
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(c) A copy of the application must be attached to the |
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notice. |
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Sec. 1251A.006. SCHEDULING OF EXPEDITED HEARING. (a) |
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Immediately after an application for a temporary guardianship is |
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filed under this chapter, the court shall issue an order setting a |
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certain date for the hearing on the application. |
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(b) Unless postponed as provided by Subsection (c), a |
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hearing shall be held not later than 48 hours after the time the |
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application for temporary guardianship is filed. |
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(c) The proposed ward may consent to postpone the hearing on |
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the application for temporary guardianship for a period not to |
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exceed seven days after the date the application is filed. |
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(d) An application for temporary guardianship takes |
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precedence over all matters except older matters of the same |
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character. |
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Sec. 1251A.007. MOTION FOR DISMISSAL OF APPLICATION. (a) |
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Subject to Subsection (b), the proposed ward may appear and move for |
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the dismissal of the application for temporary guardianship filed |
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under this chapter. |
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(b) At least one day before making a motion under Subsection |
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(a), the proposed ward shall provide notice to the party who filed |
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the application for temporary guardianship. |
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(c) If a motion is made for dismissal of the application for |
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temporary guardianship, the court shall hear and determine the |
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motion as expeditiously as justice requires. |
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Sec. 1251A.008. RIGHTS OF PROPOSED WARD AT HEARING. At a |
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hearing under this subchapter, the proposed ward has the right to: |
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(1) receive prior notice; |
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(2) be represented by counsel; |
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(3) be present; |
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(4) present evidence; |
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(5) confront and cross-examine witnesses; and |
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(6) a closed hearing if requested by the proposed |
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ward. |
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Sec. 1251A.009. APPEARANCE BY PROPOSED TEMPORARY GUARDIAN |
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TO RECEIVE CERTAIN SOCIAL SECURITY BENEFITS IN CERTAIN |
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CIRCUMSTANCES. If the applicant for a temporary guardianship under |
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this chapter is not the proposed temporary guardian, a temporary |
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guardianship may not be granted before a hearing on the application |
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required by Section 1251A.006(b) unless the proposed temporary |
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guardian appears in court. |
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Sec. 1251A.010. EXPEDITED ORDER APPOINTING TEMPORARY |
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GUARDIAN TO RECEIVE CERTAIN SOCIAL SECURITY BENEFITS. (a) Not |
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later than 24 hours after the time the hearing required by Section |
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1251A.006(b) concludes, the court shall appoint a temporary |
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guardian by written order if the court determines that the |
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applicant has established that there is substantial evidence that |
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the proposed ward is an incapacitated person and that the immediate |
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appointment of a guardian is required for the purposes described by |
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Section 1251A.001(a). |
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(b) The court shall assign to the temporary guardian only |
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those powers and duties that are necessary to receive the funds |
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specified in the application under Section 1251A.004(b)(2). |
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(c) The order appointing the temporary guardian must |
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describe: |
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(1) the reasons for the temporary guardianship; and |
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(2) the powers and duties of the temporary guardian. |
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Sec. 1251A.011. BOND NOT REQUIRED. Notwithstanding Chapter |
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1105 or any other law, a person appointed to serve as temporary |
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guardian under this chapter is not required to give a bond. |
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Sec. 1251A.012. COURT COSTS. If the court appoints a |
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temporary guardian after the hearing required by Section |
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1251A.006(b), all court costs, including attorney's fees, may be |
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assessed as provided by Sections 1155.054 and 1155.151. |
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SUBCHAPTER B. POWERS AND DUTIES OF TEMPORARY GUARDIAN TO RECEIVE |
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CERTAIN SOCIAL SECURITY BENEFITS |
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Sec. 1251A.051. AUTHORITY OF TEMPORARY GUARDIAN TO RECEIVE |
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CERTAIN SOCIAL SECURITY BENEFITS. (a) When the temporary guardian |
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appointed under this chapter takes the oath required under this |
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title, the court order appointing the temporary guardian takes |
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effect without the necessity for issuance of letters of |
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guardianship. |
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(b) The clerk shall note compliance with the oath |
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requirement by the appointed temporary guardian on a certificate |
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attached to the order. |
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(c) The order appointing the temporary guardian is evidence |
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of the temporary guardian's authority to act within the scope of the |
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powers and duties stated in the order. |
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(d) The clerk may not issue certified copies of the order |
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until the oath requirement is satisfied. |
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Sec. 1251A.052. APPLICABILITY OF GUARDIANSHIP PROVISIONS. |
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The provisions of this title relating to the guardianship of the |
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estates of incapacitated persons apply to a temporary guardianship |
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created under this chapter, to the extent the provisions may be made |
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applicable. |
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SUBCHAPTER C. EXPIRATION AND CLOSING OF TEMPORARY GUARDIANSHIP TO |
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RECEIVE CERTAIN SOCIAL SECURITY BENEFITS |
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Sec. 1251A.101. EXPIRATION OF TEMPORARY GUARDIANSHIP TO |
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RECEIVE CERTAIN SOCIAL SECURITY BENEFITS. The term of a temporary |
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guardian appointed under this chapter expires on the earliest of: |
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(1) the 30th day after the date the court order |
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appointing the temporary guardian takes effect, except that the |
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court may grant one extension of that time for not longer than 30 |
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days; or |
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(2) the date a permanent guardian appointed by the |
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court for the proposed ward qualifies to serve as the ward's |
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guardian. |
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Sec. 1251A.102. ACCOUNTING. (a) At the expiration of a |
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temporary guardianship under Section 1251A.101, the temporary |
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guardian shall file with the court clerk: |
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(1) a sworn list of all estate property that has come |
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into the temporary guardian's possession; and |
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(2) a full exhibit and account of all the temporary |
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guardian's acts as temporary guardian. |
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(b) The court shall act on the list, exhibit, and account |
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filed under Subsection (a). |
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Sec. 1251A.103. DELIVERY OF ESTATE; DISCHARGE OF TEMPORARY |
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GUARDIAN TO RECEIVE CERTAIN SOCIAL SECURITY BENEFITS. (a) When the |
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court order appointing a temporary guardian under this chapter |
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expires or ceases to be effective for any reason, the court |
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immediately shall enter an order requiring the temporary guardian |
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to deliver the estate remaining in the temporary guardian's |
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possession to the person legally entitled to possession of the |
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estate. |
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(b) On proof of delivery under Subsection (a), the temporary |
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guardian shall be discharged. |
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SECTION 2. This Act takes effect September 1, 2021. |