Guardianship Primer.txt

JX: county court

Venue: residence, where estate is located

for minor: parents residence

867 Trust (Trustee must be corp unless willing to serve and under $50k)

Registry of Court (less than 100k)

- any person can insitute/contest

- except: person w/ adverse interest

- Motion in Limine: contest to standing

• 1. minor
• 2. notoriously bad
• 3. incapacitated
• 4. person party to lawsuit concerning ward:
• -unless no conflict or court apoints g' ad litem
• 5. adverse, unsuitable, inexperience, etc.
• 6. non-resident
• 7. Disqualified by declaration

• 1. name, sex, address, bday
• 2. name and relationship of proposed G'
• 3. P/E or both
• 4. nature anddegree of incapacity
• 5. term right to vote; operate vehicle
• 6. existing G'
• 7. facts
• 8. POA?
• 9. minor: parent, siblings, next of kin
• 10. minor: subject to conservatorship w/in 2 yrs
• 11. venue

• 1. Designation in Declaration
• 2. spouse
• 3. nearest kin
• 4. eligible person (no one else eligible/refuse to serve/2 have same level of kin)
• 5. W can express preference in ad litem answer or in court

• - w/ application
• - extent of incap
• -by physician
• -no earlier than 120 days before application filed
• - can file motion if unable to obtain

• - Application filed
• - name ward
• - name applicant
• - ID proposed G
• - posted

• - ward
• - adult children
• - admin of nurse home / facility
• - POA holder
• - next of kin
• - person designated in Will/Declaration

• - Ward > 12
• - ward's parents
• - court appointed conservator w/ care of ward
• - spouse
• - proposed G'
• - applicant must file affidavit w/ court

• - after application / notice / med letter
• - determine less restrictive process
• - investigate complaints
• - file report

• - meet ward
• - explain facts / law
• - review records
• - interview
• - appear at hearing
• - file answer

• - incapacitated
• - G is in best interest
• - rights of ward will be served / protected

• - venue
• - G eligible
• - purpose not to establish residency
• - ward totally (or partially) without capacity to manage affairs

- must be present at hearing, unless:

• 1. aattorney ad litem announces unable at hearing
• 2. medical reason
• 3. refuses

Only 1 (or 1 for E and 1 for P)

except:

• 1. H/W as co-G
• 2. joing managing conservator
• 3. co-G in other than TX
• 4. parnets of incapacitated adult child (w/ exceptions)

• 1. name G
• 2. powers and limits
• 3. mental reason or not
• 4. drive / vote
• 5. name ward
• 6. P/E or Both
• 7. bond amount
• 8. appraisal necesssary
• 9. court will issue letters
• 10. G' has full authority
• 11. amoutn of estate allowed to expend on education and maintenance

P: personal, cash in lieu, corp surety

E (or P/E) = non-real property & income for 12 months

file oath

1 year & 60 days

• Renew w/ :
• 1. annual accounting and/or
• 2. annual report of well being

• - possession
• - supervise and protect
• - food / clothing / shelter
• - consnet to med treatment
• - set up Trust (w/ court consent)

• - possession of property
• - collect $ owed
• - suits
• - manage estate as "prudent person would w/ his/her own property"
• - release lien / vote / insure / taxes / expenses

• - purchase / exchange property
• - compound debt
• - settle dispute
• - abandon property
• - establish trust
• - burial prepay

• - Possession of Estate
• - Inventory
• - publish notice to creditors
• - application for monthly allowance

inherit 1/2 of full siblings

survived by full sibling and 1/2 sibling

full = 2/3

half = 1/3

= 1/2 to parent

= 1/2 to siblings (basically per stirpes to deceased parent's descendants - pay attention to any 1/2 sibs)

POA

Consent to Med Treatment Act - (in facility)

Emergency Med Treatment (no consent required)

Advanced Dir

DNR

Declaration for Mental Health Treatment (executed)

Mental Illness Commiment pursuant to Mental Health Act

Durable POA

Rev Trust

Community Administration (spouse wiht capacity authortity to manage community estate when other spouse judicially delcared incompetent)

867 (ward's funds) / 142 trust (funds from suit)

Deposit in Court Registry

Managing Conservatorship - no authority over property

Sale of Property of Minor w/o G: parent / less than 100k

School Admission Procedures

Med Treatment for Minors: parent/conservator signs

Emergency Med Treatment - no consent needed

Advanced Directive (spouse, parent, g)

DNR

Deposit in Court Registry

UTMA

Receivership - appointed if estate is in danger or waste, loss, injury, etc.

• 1. Incapacitated/Minor
• 2. Applicant
• 3. nature and degree of incapacity
• 4. facts why should create and applicant's interest
• 5. no guardianship exists
• 6. value and description of property
• 7. terms of proposed trust
• 8. any power of attorney
• 9. venue
• 10. no guardianship necessary
• 11. best interest of ward to create trust