texas guardianship Questions And Answers!!

guardian of the person - right to physical possession of ward duty of care to ward guardian of the estate - duty of possession and management of ward's property; enforce obligations in favor of ward; bring/defend suits by or against the ward. standard of care for guardian of the estate - as a prudent person would manage his own property, and must account for all rents, profits, and revenues earned by estate who may bring suit to establish guardianship? - any person if the ward is a minor, the suit's venue is: - 1. where minors parents reside 2. if parents separated, where parent with greater periods of physical possession 3. if parents deceased, where last surviving parent resided if the ward is an adult, the suit's venue is: - wards county or residence or county where estate is found to establish guardianship of an adult, the court must find the following by clear and convincing evidence: - 1. incapacitated 2. best interest 3. rights will be protected by appointment of guardian 4. alternatives considered but not feasible with respect to guardianship of an adult person, the ward is incapacitated if - lacks capacity to care for self and physical health. unable to provide for his food, clothing, shelter, other necessitieswith respect to guardianship of an adult's estate, the ward is incapacitated if - unable to manage financial affairs courts should narrowly tail guardianship based on: - the ward's capacities a guardian for a minor child over 12 is appointed based on - preference of the minor. affidavit required, person presumed to be appropriate guardian if court finds in minor best interest if the minor is under 12 or has not filed an affidavit, then a guardian is based on established priorities: (parents reside together) - person, no appointment. estate, one parent designated by agreement or court order if the minor is under 12 or has not filed an affidavit, then a guardian is based on established priorities: (parents are separated) - one parent designated by agreement or court order if the minor is under 12 or has not filed an affidavit, then a guardian is based on established priorities: (one parent deceased) - other parent if the minor is under 12 or has not filed an affidavit, then a guardian is based on established priorities: (both parents deceased) - 1. prior written designation of last surviving parent 2. grandparent 3. next of kin 4. any qualified person a guardian for an adult is appointed under the following priorities: - 1. preference 2. spouse 3. nearest kin 4. any qualified personafter the court reviews the established priorities to identify presumed guardians, then the court must engage in a secondary analysis to determine whether - the preponderance of the evidence indicates that: 1. guardian fit to serve 2. best interests if the estate is large, courts may consider: - 1. financial institution as guardian 2. statutory trust with corporate trustee a person may be disqualified to serve as a guardian based on - lack of capacity or experience, prior bad conduct, unsuitability, or conflict of interest a guardianship may be terminated under the conditions described below. if a guardianship is still necessary, then the court will appoint a new guardian with the same rights and responsibilities as the original guardian. - 1. not necessary 2. guardian incapacity 3. judicial removal at the conclusion of the guardianship appointment, the guardian should - deliver the estate and provide an accounting