Guardianship - TX Bar Exam 2024 Questions And Answers Solved 100% Correct!!

Guardian of the Person - 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 - 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 - Answer-Parent has to go to court to get money out or child can get money at 18. More restrictive care facility - 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 - Answer-County where parents reside Venue for appointment of Guardian of Incapacitated Adult - Answer-County where proposed ward resides or county where principal estate is located. Venue for appointment of Guardian named in parent's will - Answer-County where will probated or county where appointee resides. Who Can be Appointed Guardian for Minor Child? - Answer-1. Parents or surviving parent2. 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? - 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 - 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 - 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 conduct6. Expressly disqualified before need arises 7. person convicted of sexual offense, sexual assault, injury to child or old person Order appointing guardian must specify - Answer-1. powers, duties, and limitations of the guardian 2. the amount of the ward's funds that can be expended for the ward's care w/o court approval 3. clear and convincing evidence showed that alternatives to a guardianship and available supports and services were considered by the court and determined not to be feasible. Removal of Guardian Without Notice (Ex Parte) - Answer-1. No oath/bond in 20 days or no inventory in 30 days 2. Moves out of TX, can't be found, gone for 3 months 3. CCE of neglect or cruel treatment, failure to maintain/educate, removed assets from TX Removal of Guardian with Notice & Hearing - Answer-1. Ground to believe (not CCE) neglect or cruel treatment, failure to maintain/educate, removed assets from TX 2. Gross misconduct or mismanagement 3. No annual accounting/report 4. Failure to comply with court order 5. Becomes incapacitated, sentenced to prison 6. Some other reason can't perform duties.