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10 Cards in this Set
- Front
- Back
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Wat are the types of guardianship?
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1. Of estate
2. Of person |
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What are the procedural requirements of suit affecting guardianship?
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1. Jurisdiction: probate court
2. Venue -minor: where parents live -adult: where ward or guardian lives -by will: where will probated 3. Standing: -re estate: anyone with economic interest in ward's estate -re of person: anyone concerned with ward's ability to care for self |
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Who may be appointed guardian of minor?
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1. parent
2. person designated by parent 3. grandparent 4. next of kin |
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Who may be appointed guardian of adult?
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1. person designated by last surviving parent
2. person named in designation of guardian before need arises 3. spouse 4. next of kin |
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What are disqualifications from being appointed guardian?
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1. incapacity
2. conflict of interest 3. inexperience or lack of education 4. disqualified in designation of guardian before need arises 5. sex offender |
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What is a proposed ward entitled to at trial to appoint guardian?
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Mandatory:
1. attorney ad litem 2. court investigator 3. ward's presence 4. right to jury Discretionary: 1. guardian ad litem 2. court visitor |
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What actions must be taken by guardian?
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W/in 20 days:
1. qualify by taking oath 2. post fiduciary bond W/in 30 days: 1. publish notice of administration 2. file inventory of estate 3. file application for monthly allowance every 16 months: 1. renew letters of guardianship |
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When can guardian be removed?
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ex parte:
1. guardian did not timely take oath & post bond 2. guardian left TX for more than 3 months or can't be found 3. guardian has clearly neglected ward After notice and hearing 1. guardian has allegedly neglected ward 2. gross misconduct 3. fails to comply with court order or renew letters of administration 4. incapacity or incarceration |
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What may guardian do without court approval?
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1. retain property
2. make investments 3. take emergency action 4. insure property 5. pay taxes, court costs, bond premiums 6. release lien upon payment 7. vote stock 8. pay assessments |
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When may guardian sell property?
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With court approval for:
1. payment of claims & expenses 2. maintenance 3. unproductive property |
