SECTION 381.367. Financial Care Plans for Guardianship Clients

After a guardianship program or one of its members is appointed as a guardian of the estate, the guardianship program will develop a care plan to address the client's financial needs.

(1) Guardian of the Estate Care Plans. The care plan should address the powers, duties, and responsibilities given to the guardian of the estate by the court's order appointing the guardian. If the court's order states that the guardian of the person has full authority, the care plan should address the powers, duties, and responsibilities given to the guardian of the estate by section 768, Probate Code, General Powers and Duties of Guardian of the Estate, and other applicable sections in Chapter 13, Probate Code, concerning guardianships. The care plan may also include the following:

(A) applying for a monthly allowance for the client's ongoing financial needs;

(B) filing an inventory, appraisal, and list of claims, as required by section 729, Probate Code, Inventory and Appraisement;

(C) changing existing bank accounts to reflect the guardianship or creating new bank accounts in the name of the guardian on behalf of the client; and

(D) developing a long-term financial plan to manage the client's assets to provide for the best care for the client during the client's projected lifetime.

(2) Testamentary Documents. The care plan should state whether the client has a will or other testamentary document, and the guardianship program should attempt to locate any such instruments and deposit them with the court for safekeeping, if possible.

Source Note: The provisions of this §381.367 adopted to be effective November 21, 2002, 27 TexReg 10719