Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Wednesday, November 25, 2009

Guardianship Litigation Fundamentals

Legal Don D. Ford III has published his article entitled Fundamental Issues to Understand Before Accepting a Guardianship Litigation Engagement, The Advocate, Fall 2009, at 77.

An excerpt from the article is below:

Among other things, a litigator engaged in guardianship litigation should understand how a guardianship is properly initiated, who has proper standing to participate in the proceeding, the importance of the Doctor's Letter, and the role of the ad litems in the process.  Additionally, because of the financial/fiduciary issues involved in guardianships of an estate, guardianship litigators must understand the stringent accounting and reporting requirements imposed on guardians each year.  These accounting requirements and the financial issues related thereto breed significant litigation issues, which can result in personal liability not only for the guardian but also for the judge presiding over the case. 


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