XIII. GUARDIANSHIP ADMINISTRATION Flashcards
Guardian of the person [Feb. 2000] has right to
Guardian of the estate has right and duty to manage ward’s property, enforce the ward’s obligations, and bring or defend suits by or against the ward.
a single guardianship for two children?
Guardian of the estate has right and duty
take charge of the ward; duty to provide care, supervision, and protection for the ward; duty to provide clothing, food, medical care and shelter; and power to consent to medical and psychiatric treatment. [Much like a managing conservator awarded custody of a minor child under the Family Code.]
[Feb. 2007: court should appoint devoted grandson rather than problematic son as guardian of person.]
[Feb. 2013: can’t have a single guardianship for two children; there must be separate guardianship for each; discuss which parent was better choice for guardian of person and guardian of estate.]
Guardian of the estate has right and duty to manage ward’s property, enforce the ward’s obligations, and bring or defend suits by or against the ward.
- Johnny (6 years old) was bequeathed 1,000 shares of IBM stock by his grandmother’s will. Dad and Mom (Johnny’s parents and natural guardians) want to sell 500 shares of Johnny’s IBM stock and use the sale proceeds to buy Dell stock on Johnny’s behalf. Can they do so?
how to sell it without appoint guardian by the court then?
no; only the guardian of the estate can deal with the property
if the value of Johnny’s entire interest in all of the property inherited from grandmother (not just the value of the property sold) is less than $100,000, parent (or managing conservator, or guardian of person of incapacitated adult), can obtain a court order authorizing a sale without the appointment of a guardian; in which case, sale proceeds:paid in due court registry
