Texas guardianship questions and
answers
courts should narrowly tail guardianship based on: - ANSWER-the ward's capacities
a guardian for a minor child over 12 is appointed based on - ANSWER-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) - ANSWER-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) - ANSWER-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) - ANSWER-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) - ANSWER-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: - ANSWER-1.
preference
2. spouse
3. nearest kin
4. any qualified person
after the court reviews the established priorities to identify presumed guardians, then
the court must engage in a secondary analysis to determine whether - ANSWER-the
preponderance of the evidence indicates that:
1. guardian fit to serve
2. best interests
if the estate is large, courts may consider: - ANSWER-1. financial institution as
guardian
2. statutory trust with corporate trustee
answers
courts should narrowly tail guardianship based on: - ANSWER-the ward's capacities
a guardian for a minor child over 12 is appointed based on - ANSWER-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) - ANSWER-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) - ANSWER-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) - ANSWER-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) - ANSWER-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: - ANSWER-1.
preference
2. spouse
3. nearest kin
4. any qualified person
after the court reviews the established priorities to identify presumed guardians, then
the court must engage in a secondary analysis to determine whether - ANSWER-the
preponderance of the evidence indicates that:
1. guardian fit to serve
2. best interests
if the estate is large, courts may consider: - ANSWER-1. financial institution as
guardian
2. statutory trust with corporate trustee
