Guardianship

Question 1

What rights does a guardian of the person have?

Answer 1

The right to take charge of the ward, duty to provide care, supervision, protection; duty to provide clothing, food, medical care and shelter. . . he cannot manage property unless the property inherited is less than 100k and he has a court order

Question 2

What rights does a guardian of the estate have?

Answer 2

duty and right to manage ward’s property, enforce ward’s obligations, and bring or defend suits by or against the ward.

Question 3

Parental appointment of guardians?

Answer 3

Parents can appoint guardians of minor children or incapacitated adult by will or written declaration with the same execution requirements as a will.

Question 4

What are a guardian’s bond duties?

Answer 4

a guardian of the person must post fudiciary bond unless excused by will.
A guardian of the estate always has to post a bond.

Question 5

When can a child choose his own guardian?

Answer 5

IF he is 12, and does it in writing filed in court, unless the court finds it not in the child’s best interest.

Question 6

Where is venue proper for appointedment of a guardian?

Answer 6

For a minor, the county where the parent(s) reside.
For an incapacitated adult, the county where he resides or where his principal estate is.
For a guardian named in a will, the county where the will is probated or where the appointee resides.
The hearings for guardianship can be in any suitable location in the county unless the ward or his attorney requests it held at the county courthouse

Question 7

Who has standing to challenge or raise guardianship appointment?

Answer 7

Anyone. And they are entitled to attorney’s fees as long as they act in good faith.

Question 8

Who can be appointed as a minor’s guardian?

Answer 8

1) . parents designee
2) . grandparents
3) . next of kin in nearest degree of kinship

Question 9

Who can be appointed guardian of an incapacitated adult?

Answer 9

1). person named in the will
2). person named in written designation of guardian
3). spouse
4). next of kin in nearest degree
all considering the best intrest of the ward

Question 10

Who is disqualified from being a guardian?

Answer 10

incapacitated person
conflict of interest
inexperienced, uneducated, etc.
person with bad conduct
person undesignated before need arose
person convicted of sexual offense is presumed not in ward's best interest

Question 11

What is a limited guardianship?

Answer 11

That is encouraged by courts to preserve the ward’s rights whenever possible. It must specify the powers, duties and limitations of the guardian, and the amount of the ward’s funds that can be spent without approval.

Question 12

What safeguards are imposed in an incapacity proceeding?

Answer 12

attorney ad litem
court investigator
ward must be present
right to jury trial
NOT
   guardian ad litem
   court visitor

Question 13

What is the standard for whether a guardian should be appointed?

Answer 13

Clear and convincing evidence of whether he is incapacitated. All other findings require a preponderance of the evidence: venue, guardian eligibility, ward’s capacity to care for himself and property…

Question 14

How long do letters of guardianship last?

Answer 14

16 months

Question 15

What must a guardian do upon appointment?

Answer 15

1) . qualify by taking oath and posting bond within 20 days
2) . publish notice of administration in newspaper within 1 month
3) . file inventory of the estate within 30 days
4) . file application for monthly allowance to spend on ward’s behalf within 30 days.

Question 16

When can guardians be reimbursed for unapproved expenses?

Answer 16

When there is clear and convincing evidence that the expenses were reasonable and proper and it was not possible or convenient to get prior court approval.

Question 17

When can a court remove a guardian ex parte (on its own)?

Answer 17

If the guardian doesn’t give oath and bond or inventory within time limits, moves from texas, is absent from Tx for more than 3 months, can’t be served or has neglected or cruelly treated the ward, or fails to maintain or educate him… By clear and convincing evidence

Question 18

When can a court remove a guardian with notice and a hearing?

Answer 18

If there are grounds he has neglected or cruelly treated the ward, failed to educate… guilty of gross misconduct or mismanagement, or fails to comply with a court order or file annual accountings

Question 19

What can a guardian do without court order or prior approval?

Answer 19

retain property received at the beginning of the guardianship
make investments on statutorily approved assets
expend amounts more than allowance with clear and convincing evidence that the expenses were reasonable and proper
insure property, pay taxes, court costs, bonds

Question 20

What always requires court approval for a guardian?

Answer 20

The sale of real or personal property unless to pay claims and expenses, maintenance of the ward, or the property is unproductive.

Question 21

How are guardians compensated?

Answer 21

guardian of the person gets 5% of grosss income, not SS or veteran’s benefits.
Guardian of the estate gets 5% of gross incom plus 5% of all money paid out of the estate as reasonable compensation

Question 22

When can a guardian seek voluntary termination?

Answer 22

When the guardianship is burdensome in relation to the income. And/or he can pay into a court registry if the estate is less than 100k.

Question 23

What is a guardian to receive funds?

Answer 23

A person appointed to receive funds from a governmental source that can spend pension payments without court approval if the pension amount is 12,000$ or less.

Question 24

What is a temporary guardian?

Answer 24

When ther eis substantial evidence that the person or estate requires immediate appointment. They only get court-granted powers and it can only be for 60 days.