Exam (elaborations)
Guardianship - TX Bar Exam.
- Course
- Institution
Guardianship - TX Bar Exam.
[Show more]
Seller
Follow
modockochieng06
Content preview
Guardianship - TX Bar ExamGuardian of the Person - CORRECT ANSWER-1. Right to charge of the ward
2. Duty to provide care, supervision, protection, food, clothing, medical care, and
shelter
3. Power to consent to medical and psychiatric treatment
Guardian of the Estate - CORRECT ANSWER-Right & duty to manage ward's
property, enforce ward's obligations, and bring/defend suits by/against the ward.
If interest is less than $100K, parent can get court order to sell w/o appointment
of guardian, in which case proceeds are paid into the court registry.
Money paid into court registry - CORRECT ANSWER-Parent has to go to court
to get money out or child can get money at 18.
More restrictive care facility - CORRECT ANSWER-Except in cases of
emergency, guardian of the person may place the ward in more restrictive care
facility only if:
1. guardian provides notice of the proposed placement to the court, ward, and
any person who has requested notice and
2. any objection filed by a person who received notice is overruled.
Venue for appointment of Guardian for Minor - CORRECT ANSWER-County
where parents reside
Venue for appointment of Guardian of Incapacitated Adult - CORRECT
ANSWER-County where proposed ward resides or county where principal estate
is located.
Venue for appointment of Guardian named in parent's will - CORRECT
ANSWER-County where will probated or county where appointee resides.
Who Can be Appointed Guardian for Minor Child? - CORRECT ANSWER-1.
Parents or surviving parent
2. Surviving parent (must be second parent), may by will or written declaration,
appoint guardian of the parent's minor child or incapacitated adult child in the
, event of the parent's subsequent incapacity or after the parent's death (same
requirements as wills)
- Presumption that person designated is in child's best interest, but presumption
not conclusive.
3. No designation by parent
- grandparent
- next of kin in nearest degree of kinship
4. Child 12 or older, can choose guardian in writing filed w/ the court (unless
vetoed as not in child's best interest)
Who can be a guardian for an incapacitated adult? - CORRECT ANSWER-1.
Person named by last surviving parent
2. Person named in written, witnessed "Designation of Guardian Before Needs
Arises"
3. Spouse or Next of kin
- Best interest of ward test
- Co-guardians - only if parents, JMC, or out of TX
Joint Guardians - CORRECT ANSWER-General rule is that only 1 person may
be guardian.
Exceptions:
1. H and W guardians
2. Joint managing conservators of child
3. Appointed joint guardians in another state,
4. parents of adult incapacitated child even though not married.
Disqualified to serve as guardians - CORRECT ANSWER-1. incapacitated
2. Conflict of interest
- owes money to proposed ward or asserting claim against - unless court
determines no conflict of interest or guardian ad litem is appointed.
3. Inexperience, lack of education, or other reason makes her incapable of
prudently managing proposed ward's estate.
5. Person w/ notoriously bad conduct
6. Expressly disqualified before need arises
7. person convicted of sexual offense, sexual assault, injury to child or old person
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller modockochieng06. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $7.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
77254 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now