Guardianship of Estate, Community Administrator, or both?
CHAPTER 1353 of the Texas Estates Code addresses the appointment of a Community Administrator. It is an alternative to a guardianship of the estate, which allows for one spouse to act in the capacity of “Community Administrator” to manage, control, and dispose of the entire community estate without the necessity of a guardianship of the estate.
An application for appointment of a Community Administrator is styled and filed as a guardianship proceeding. For a spouse to be appointed a Community Administrator the Probate Court must make a finding that the other spouse is incapacitated, that it is in the best interest of the incapacitated spouse, and that the administrator spouse is not disqualified to be appointed.
If the incapacitated spouse has separate property, there may be a necessity for an appointment of Guardianship of the estate. The guardian of the estate would manage, control, and dispose of the real and personal property that is classified as Separate property of the incapacitated spouse.
The qualification of a guardian of the estate of the separate property of an incapacitated spouse does not deprive the community administrator of the right to manage, control, and dispose of the entire community estate as provided by Texas Estates Code Sec. 1353.002.
