NO. _______

GUARDIANSHIP OF	§	IN THE PROBATE COURT

§

_________________________,	§	OF

§

[A MINOR][AN INCAPACITATED PERSON]	§	______________ COUNTY, TEXAS

ORDER CREATING GUARDIANSHIP MANAGEMENT TRUST

On this day the Court considered the Application for Creation of Guardianship Management Trust filed by ___________________, [attorney ad litem for ___________________ ("the Ward")][guardian of the estate of ______________________ ("the Ward")], [a minor][an incapacitated person]. After considering the above applications, the evidence presented, and the arguments of counsel, the Court finds that the Ward is an incapacitated person; that it is in the best interest of the Ward for the Court to create a guardianship management trust for the Ward pursuant to Tex. Prob. Code Ann. §867 containing the terms and provisions of the trust instrument attached hereto as Exhibit "A" and incorporated herein; [that it would be in the best interests of the Ward for the trust to be a supplemental needs trust as specified under 42 U.S.C. Section 1396p(d)(4)(A); that the terms of the trust instrument attached hereto as Exhibit "A" and incorporated herein are necessary and appropriate for the Ward to be eligible to receive public benefits or assistance under a state or federal program that is not otherwise available to the Ward;] that ____________________________ ("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 guardianship management trust for the Ward's benefit; that the Court should direct that, upon creation of the guardianship management trust, the guardian of the estate of the Ward and each person holding property of the Ward [including, but not limited to, ____________________________ (specifically identify third parties holding the Ward's funds)] shall deliver all of such assets to Trustee, to be held by Trustee as the trust estate of the trust; that, upon creation of the guardianship management trust and the transfer of all assets in the possession and control of the guardian of the estate of the Ward to the Trustee, no guardianship of the estate of the Ward is necessary and _____________ should be discharged as guardian of the estate; and that upon entry of the Court's order creating the guardianship management trust, _________________, attorney ad litem, should be paid the amount stated below from the trust as a reasonable fee for serving in such capacity and should be discharged.

IT IS, THEREFORE, ORDERED that:

1.	A guardianship management trust for the benefit of the Ward is established pursuant to Tex. Prob. Code Ann. §867 with the terms and provisions set forth on Exhibit "A" attached hereto and incorporated herein;

2.	[It is in the best interests of the Ward for the trust to be a supplemental needs trust as specified under 42 U.S.C. Section 1396p(d)(4)(A), and the terms of the trust instrument attached hereto as Exhibit "A" and incorporated herein are necessary and appropriate for the Ward to be eligible to receive public benefits or assistance under a state or federal program that is not otherwise available to the Ward;]

3.	____________________________ ("Trustee"), a trust company or a state or national bank having trust powers in Texas, is appointed as trustee of the guardianship management trust and is ordered to administer such trust in accordance with applicable law and in accordance with the terms and provisions of the trust instrument attached hereto as Exhibit "A;"

4.	The guardian of the estate of the Ward and each person holding property of the Ward [including, but not limited to, ____________________________ (specifically identify third parties holding the Ward's funds)] shall deliver all of such assets to Trustee, to be held by Trustee as the trust estate of the trust;

5.	Upon creation of the guardianship management trust and the transfer of all assets in the possession and control of the guardian of the estate of the Ward to the Trustee, no guardianship of the estate of the Ward is necessary and _____________ should be discharged as guardian of the estate[; and

6.	______________________, attorney ad litem, is awarded a fee in the amount of $_________________ from the trust as a reasonable fee for serving in such capacity and is hereby discharged.]

SIGNED this ____ day of ______________, _____.

_________________________________________

Judge Presiding