Guardianship

Question 1

What is Legal Guardian

Answer 1

1) person who has legal authority and a duty
2) to care for personal/property interest
3) of another person

Question 2

Guardian of Estate Right and Obligations

Answer 2

1. manage Ws property
   2) enforce W obligations
   3) bring and defend suits

Question 3

Guardian Duties When Appointed

Answer 3

1) oath
2) post fiduciary bond (20 days)
3) public notice (1 mo)
4) inventory (30 days)
5) application monthly allowance (30 days)
6) invest property not immediately needed
7) diversify
8) file application to develop an investment plan

Question 4

Standard of Law for Guardian Appointment

Answer 4

1) W incapacitated (c&c)
2) G is in Ws best interest (c&c)
3) Ws rights and property are protected by Gs appointment (c&c)
4) ct has venue (preponderance)
5) appointee eligible and proper (preponderance)
5) W incapacitated (preponderance)

Question 5

Statutory Factors/Req Its Use When Appointing G

Answer 5

1) proven by c&c evidence
2) appointment in Ws best interest
3) W is incapacitated
4) appointment pf G will protect/preserve W’s estate and interest

Question 6

Rights & Obligations of Guardian of Person

Answer 6

1) right to physical possession
2) right to consent to medical treatment
3) duty provide clothing
4) duty to control and care
5) dirty food
6) duty medical
7) duty shelter

Question 7

Powers G has w/out Ct Approval

Answer 7

1) retain property, no duty to diversify for 1 yr
2) investment decisions to expend amounts in excess of monthly allowance when ct approval not possible or convenient
3) insure property, pay taxes, etc to maintain property

Question 8

When Guardian can be Removed

Answer 8

1) acted inappropriately
2) gross misconduct or mismanagement
3) fails to comply w/ ct order
4) fails to file annual report
5) incapacitated
6) incapable of performing

Question 9

When a G can be Removed w/out Notice & Hearing

Answer 9

1) G fails to post bond (20 days)
2) moves or is absent from TX for 3 mo or more
3) cannot be served w/ process
4) cruelly treated W
5) failed to maintain or educate
6) misapplied or embezzled Ws funds

Question 10

Procedural Safeguards

Answer 10

1) atty ad litem
2) guardian ad litem
3) ct investigator
4) ct visitor
5) W present at trial
6) jury trial
7) c&c standard
8) yearly reviews (160 days)

Question 11

Probate Code Priority of G Appointment

Answer 11

1) surviving parent
2) last surviving parents choice
3) grandparent
4) closes kin

Question 12

Who is Not Eligible to be a G

Answer 12

1) incapacitated ppl
2) conflict of interest
3) inexperienced or lack of education makes them incapable of prudently managing
4) expressly disqualified
5) sex offenses
6) notoriously bad conduct (felons)

Question 13

Probate Code Priority of G Appointment

Answer 13

1) named in Designation of Guardian Before Need Arises
2) spouse
3) closest of kin

Question 14

Req of G to Sell Real or Personal Property

Answer 14

1) prior ct approval and
2) needed to pay claims or expenses or Ws maintenance
3) dispose of unproductive property

Question 15

G Factors

Answer 15

1) priority order
2) disqualified
3) refusal
4) not in best interest of W (preponderance)