Court Procedures Flashcards

When a guardian files an annual accounting with the court, what must the document typically include?

Answer: All receipts, disbursements, and current inventory of assets

Annual accountings must detail all financial transactions including receipts, disbursements, and a current asset inventory.

What is the primary purpose of an inventory filing in a guardianship case?

Answer: To document all of the ward's assets at the time guardianship is established

An inventory establishes the baseline record of the ward's assets at the commencement of guardianship.

Which of the following actions generally requires prior court approval in a guardianship proceeding?

Answer: Selling real property belonging to the ward

Selling real property is a major transaction that courts typically require prior approval to protect the ward's estate.

If a guardian discovers a conflict of interest in a pending transaction, the correct course of action is to:

Answer: Disclose the conflict to the court and seek guidance or appointment of a guardian ad litem

Conflicts of interest must be disclosed to the court, which may appoint a guardian ad litem to protect the ward's interests.

A 'show cause' order in a guardianship case typically requires the guardian to:

Answer: Appear in court and explain why a particular action was taken or not taken

A show cause order directs the guardian to appear and provide justification for a specific act or omission.

Which party is typically required to receive notice of a guardianship petition under most state statutes?

Answer: The alleged incapacitated person and their close relatives

Due process requires that the alleged incapacitated person and typically their closest relatives receive notice of the petition.

What does 'substituted judgment' mean in the context of guardian decision-making?

Answer: The guardian makes decisions based on what the ward would have chosen if competent

Substituted judgment requires the guardian to replicate the ward's own preferences and values rather than imposing the guardian's choices.