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Texas Estates Code - EST § 1155.202. Compensation and Costs Payable Under Medical Assistance Program

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Notwithstanding any other provision of this title 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 $250 per month;

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

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

(b) Costs ordered to be deducted under Subsection (a)(2) 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.

(c) A court may not order:

(1) that the deduction for compensation and costs under Subsection (a) 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).

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Cite this article: FindLaw.com - Texas Estates Code - EST § 1155.202. Compensation and Costs Payable Under Medical Assistance Program - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-1155-202/

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