Guardianship

Standard Exception Topic

GRD


Guardianship

If a guardian has been appointed to administer a person’s estate, any voluntary or involuntary transfer must be authorized in the proceeding. You must verify that the ward is still alive and a minor (if applicable); once the ward dies or reaches maturity, the powers of the representative may cease. A guardian has no power to sell land unless qualified in that jurisdiction.

Requirements

Standard Exception Subtopic

GRDR01

STG

12/01/1995
V 2

Court Approval of Transaction

(Name) , has been appointed as the guardian of the estate of _________________. The Company requires for its review satisfactory orders authorizing the guardian to complete the transaction on behalf of the ward and to execute the appropriate instruments. Upon the entry of the orders, the Company may make additional requirements or exceptions.
Comment: If a guardian has been appointed to administer a person’s estate, any voluntary or involuntary transfer must be authorized in the proceeding. You must verify that the ward is still alive and a minor (if applicable); once the ward dies or reaches maturity, the powers of the guardian may cease. A guardian has no power to sell land unless qualified in that jurisdiction.

Schedule A

Standard Exception Subtopic

GRDS02

STG

12/01/1995
V 2

Title in Guardian

___________, as guardian of the Estate of _____________ under Cause No. _____________, subject to the requirements herein.
Comment: Technically, title is not held by the guardian. Frequently, commitments reflect title in the representative in order to facilitate the execution of documents by the representative. The commitment also must require appropriate court approval.

Standard Exception Subtopic

GRDS03

STG

12/01/1995
V 2

Title in Minor or Incompetent

_______________, subject to proceedings under Cause No. ___________________ in which _______________ has been appointed as ________________.
Comment: Technically, title is vested in the minor or incompetent. The commitment also must require appropriate court approval.