NO. ______

__________________________, AS	§	IN THE DISTRICT COURT OF

GUARDIAN AD LITEM FOR	§

________________________,	§

[A MINOR] [AN INCAPACITATED PERSON],	§

Plaintiff,	§

§	____________ COUNTY, TEXAS,

v.	§

§

__________________________,	§

Defendant	§	____ JUDICIAL DISTRICT

ORDER CREATING TRUST

UNDER SECTION 142.005 OF THE TEXAS PROPERTY CODE

On this day the Court considered the Application to Create Trust Under Section 142.005 of the Texas Property Code (the "Application") filed in this proceeding by ____________ ("Guardian Ad Litem"), guardian ad litem for _____________ ("Plaintiff"), a [minor] [incapacitated person under Tex. Prop. Code §142.007]. Based upon the Application, the pleadings of the parties in this proceeding, the evidence presented and the argument of counsel, the Court finds that:

1.	Plaintiff is entitled to judgment in the above entitled and numbered cause.

2.	Plaintiff is [a minor] [a person who is impaired because of mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, or other cause to the extent that Plaintiff lacks sufficient understanding or capacity to make or communicate responsible decisions concerning Plaintiff's person].

3.	Plaintiff has no legal guardian.

4.	Creation of a trust pursuant to Tex. Prop. Code §142.005 containing the terms and provisions of the trust instrument attached hereto as Exhibit "A" and incorporated herein would be in the best interests of Plaintiff.

OPTIONAL SUPPLEMENTAL NEEDS TRUST PROVISION:

5. It would be in the best interests of Plaintiff for the trust to be a special needs trust as specified under 42 U.S.C. Section 1396p(d)(4)(A).

6.	The terms of the trust instrument attached hereto as Exhibit "A" and incorporated herein are necessary to establish a special needs trust as specified under 42 U.S.C. Section 1396p(d)(4)(A).

5.[7.]	______________ ("Trustee") is a trust company or a state or national bank having trust powers in Texas and is willing to serve as trustee of the trust for Plaintiff's benefit.

6.[8.]	[Trustee has filed an application with this court for approval of its fees and compensation. The court finds that the Trustee's application should be granted.] The fees and compensation that are payable to Trustee under the terms of the trust instrument are reasonable and should be approved by the Court.

7.[9.]	That the clerk of this Court and/or all parties to this proceeding holding funds which are payable to or for the benefit of Plaintiff should be ordered to pay and deliver such funds to Trustee as part of the trust estate of such trust. [Modify as needed to fit settlement/judgment terms.]

7.[10.]	Upon entry of judgment and creation of the trust, Guardian Ad Litem should be paid a reasonable fee for services rendered, should be reimbursed for expenses, and should be discharged as guardian ad litem for Plaintiff.

IT IS, THEREFORE, ORDERED that a trust for the benefit of Plaintiff under Tex. Prop. Code § 142.005 is hereby created with those terms and provisions set forth in Exhibit "A" attached hereto and incorporated herein; that Trustee shall be trustee of such trust; [that the trust shall be a special needs trust as specified under 42 U.S.C. Section 1396p(d)(4)(A);] that the clerk of this Court and/or any party to this proceeding holding funds which are payable to or for the benefit of Plaintiff are ordered to pay and deliver such funds to Trustee as part of the trust estate of such trust; that the fees and compensation authorized to be paid to Trustee by the terms of the trust instrument are reasonable and are approved by the Court, and the Trustee is authorized to pay itself such fees and compensation and reimburse itself for expenses as provided in the trust instrument without further application to or order from this Court; that Guardian Ad Litem is awarded a fee of $_______, to be paid by Trustee upon funding of the trust (if not sooner paid); and that Guardian Ad Litem is hereby discharged, will be paid a reasonable fee, be reimbursed for costs, and be discharged.

Signed this ____ day of _______________, 199__.

_____________________________________

Judge Presiding