Untitled Texas Attorney General Opinion ( 1942 )

OFFICE OF THE A’IT’ORNEY GENERAL OF TEXAS AUSTIN Uonorable J. S. Lurebison, iw3cuti78 Director State Department of Public. Welfare Austin, mxas Dear hr. Lurdisonr Your letter askl II the above sub- @et matter is befre w, s further protieion for the loTed in establishing the ntdwnt of a guardian in order raceire Stat6 anti/or Be&3ral *Senate M.11 126, seotion 4, a160 as&es pro- rieion for the appointment of a suetaseo~ guard- ian In the event the guardian &Lee, resigns, or Is reruoo%d. *The question has come WSero us in the case of an old ags aatxistenoe recipient who om June 20, 1818 tat3declare& mntally ixumapetent ad a guard- Honorable J . 8. Murcbison - pago 2 iau appolntod for her. The guard&an filed bond, fuventory, appradeal aud list of claims; however, so far as the records show the guard- ian d&I not xmko any other report to the Court or did not make final ammuntlng. The guard&m is dead, aud our recipient, although still uea- tally incompetent has be+011remelting asmistauoe in her oun name for the pet three or four fears. It is adadtted that she Is still not aompotont to toLe oaro of her ouu attatrs. lCanthe%urtappoint aguardianupon the certificateof the !Sseoutire Direator of this Departmmt or hia repree8ntatire as provided ior in Senate Bill lust Iii eo, ie this guardsan roeponelblefor the entire estate of the reeip Sent or just that particular part rhiah she re- oeltes from the State aud/or Wderal Botermneut? In other words, does the appointment of a guard- ian uoder &mate Bill lea ror the purpose of re- ael~lag Federal and/or State fandm mean that the *uthoritI of a guardkan so appointed Is llndted to the receipt am3 eupend&ture of the funds re- ceiwd from the mate and/or IFederalQwerxment or is the guardian so appointed responsible for the erltlre estate. ~Si.1100the person has wt been aotuallf ad- judgea inooupetent, doee the guardian have the authority to act in any reepeet other than for the purpose of reoel~iug aud expending these epidfuudm?" 8. B. Ilo. I26 is an sue-t Of rarioue Articles or Hevised Civil Utatutes, 1225, under the prorlslons of uhiah undoubtedly the County Court, having juriedictlon thereof, is authorized to appoint a guardian for one of uwowcl mind, when nooessary to reoeive funds or moner due fron?the State aml/or fedorul gwernment, (Arts. 4116, 4121, 4128 ana 4272, as 43umu%edfn s. B l2s). l It does not follow from this, however, that the appointment of a guard%an of the inscqetent*s estate is limited to that part of the Qetate revived 0~ to be reoeived froul the gtata or the Bedsr~al Government. lronorable J. Se YurohiSou - page 8 There is nothing in the amendment ma+.3by 6. B. x0. raa to lxulloatethat tae yardxuump of tns estate granted beaawe of the neaeseity therefore to reoeiw suah ': state or Pederal old, le other than a geaeral guardian- ship of the inaampetent*e estate. The liability of the guard&m and his boudemen upon such letters would extend, thererow, not only to the monege r#ueiv#a irom the etate ~::us/or Federal (ioverrment,butlikerise toany other I',manays, tundm or property whateoerer owned by the rard. ..: Zn such a sue the C-ourtmay aot upon the appli- ,i:eationof any one interestedin the prOW#dlng, ineludlng, of mu-ee, the Sx#ffltir# (::~ Director of par department. DMer the fact8 of yaw luoediate ease, It would motbe neoeweq toinetltute anew guarcU8nshipproeeed- *, anae B suwessor may be rppolnted unAer Article 4W3 et neq of the Berised Ciril btatut8~. TrwtdJlg thatue hare muftUieat1y wmwm3dJom inqutr%e8, we are very truly yours a& Oaie SGF- er Amoeistent