TABLE OF CONTENTS. Volume V Probate, Guardianship, and Mental Health
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1 TABLE OF CONTENTS Volume V Probate, Guardianship, and Mental Health Probate Page PR 1 Formal Probate Procedure 1. Jurisdiction... PR Substitution/Recusal of Judge... PR Appointment of Guardian ad Litem; Atty for Military Personnel... PR Notice... PR Determination of Heirs... PR Creditors... PR Appointment of Personal Representative... PR Inventory/Accounts... PR Closing Estate... PR Dormant and Overdue Estates... PR Demand for Formal Proceeding... PR Appointment of Special Administrator... PR 1-36 PR 2 Wills 1. Formalities of Wills... PR Proof of Will... PR Revocation of Will by Act or Law... PR Will Contest... PR Will Construction... PR Exoneration, Abatement, Ademption, and Lapse of Bequests... PR Standard of Review... PR Right to Disclaim... PR 2-31 PR 3 Powers and Duties of Personal Representative (Formal Probate) 1. Personal Representative Succeeds to Interest of Decedent... PR Specific Powers and Duties... PR Inventory... PR 3-5 TOC-1
2 4. Accounts... PR Liability of Personal Representative... PR Resignation or Removal... PR 3-10 PR 4 Family Rights 1. Marital Property and Classification... PR Deferred/Augmented Marital Property and Property Transferred in Fraud of Surviving Spouse... PR Other Rights, Allowances, and Exemptions... PR 4-7 PR 5 Intestate Succession 1. Basic Rules... PR Related Rules... PR Status of Child Born to Unmarried Parents... PR Assignment of Home to Surviving Spouse or Surviving Domestic Partner... PR When Gift Treated as Advance on Intestate Estate... PR Right to Disclaim Intestate Share... PR 5-12 PR 6 Informal Probate Procedure 1. Demand for Formal Administration... PR Notice to Creditors... PR Appointment of Personal Representative... PR Closing Estate... PR Limitation on Proceedings Against Personal Representative... PR Liability of Distributees to Claimants... PR Limitation on Proceedings Against Distributees... PR Termination of Joint Tenancy or Life Estate... PR Confirmation of Interest in Property (Marital Property)... PR 6-9 PR 7 Powers and Duties of Personal Representative (Informal Probate) 1. When Personal Representative May Proceed... PR Personal Representative to File Inventory... PR Personal Representative May Pay Claims... PR 7-5 PR 8 Probate Alternatives/Summary Proceedings 1. Summary Settlement... PR Summary Assignment... PR 8-6 TOC-2
3 3. Summary Confirmation of Interest in Survivorship Marital Property and Nontestamentary Marital Property Agreement (Washington Will)... PR Certificate of Descent of Property... PR Special Administration... PR Formal Termination of Life Estate or Joint Tenancy... PR Termination of Joint Tenancy or Life Tenant s Interest by Administrative Transfer... PR Transfer by Affidavit... PR Ancillary Probate Procedure... PR See for Alternatives to Ancillary Administration... PR 8-24 PR 9 Trusts 1. Trust Procedure/Jurisdiction... PR Creation, Modification, and Termination of Trusts... PR Creditors of Beneficiaries... PR Creditors of Settlors... PR Trustees... PR Custodial Trusts... PR 9-17 PR 10 Powers and Duties of Trustees 1. Trustee Takes Legal Title to Trust Property... PR Appointment and Supervision of Trustee... PR Duties of Trustee... PR Powers of Trustee... PR Resignation and Removal of Trustee... PR 10-9 Guardianship GA 1 Guardianship 1. Definitions... GA Jurisdiction and Venue... GA Guardianship Petitions... GA Foreign Guardianships... GA Temporary Guardianship... GA Guardianship of Estate Filing Fee... GA Exceptions to Appointment of Guardian... GA Appointment of Guardian... GA General Duties and Powers of Guardian... GA 1-22 TOC-3
4 10. Review Conduct and Removal of Guardian... GA US Uniform Veterans Guardianship Act... GA Alternatives to Guardianship... GA 1-42 GA 2 Guardianship of Individuals Found Incompetent 1. Petition Requirements... GA Notice... GA Appointment and Duties of GAL... GA Right to Counsel... GA Getting and Paying for Counsel... GA Right to Jury Trial... GA Hearing... GA Selection of Guardian... GA Guardianships... GA Review of Guardianship... GA 2-27 GA 3 Protective Placement and Services 1. Protective Service System... GA Protective Services... GA Emergency Placement... GA Protective Placement Action... GA Protective Placement Hearing Procedure... GA Elements to Be Proved at Protective Placement Hearing... GA Disposition... GA Transfers Between Placement Facilities... GA Annual Review of Placements (Watts Hearings)... GA Modification or Termination of Protective Placement and Services Orders... GA Psychotropic Medications... GA For Discussion of Rights and Records of Protectively Placed Persons, See MH 5... GA 3-30 GA 4 Guardianship of Estate of Minor 1. Procedure... GA Hearing... GA Duties of Guardian of Estate... GA Termination of Guardianship... GA For Guardianship of the Person of a Minor, See Juvenile Benchbook... GA 4-8 TOC-4
5 GA 5 Guardianship of Spendthrift 1. Definitions... GA Procedure... GA Duties of Spendthrift Guardian... GA Review of and Removal of Guardian... GA Termination of Guardianship... GA 5-7 GA 6 Conservatorship 1. Appointment Proceedings... GA Duties and Powers of Conservator... GA Termination of Conservatorship... GA Conservator Fees... GA 6-6 GA 7 Powers of Attorney for Health Care 1. Definitions... GA Appointment of Power of Attorney for Health Care... GA Power of Attorney for Health Care Instrument... GA Powers of Health-Care Agent... GA Revocation of Power of Attorney for Health Care... GA Safeguards and Penalties... GA 7-11 Mental Health MH 1 Involuntary Mental Commitments 1. Flow Chart... MH Elements for Involuntary Commitment... MH Commencement of Action... MH Probable Cause Hearing Procedure... MH Probable Cause Hearing Dispositions... MH Precommitment Medication... MH Examinations and Discovery... MH Final Hearing Procedure... MH Final Hearing Dispositions... MH Transfers While Subject Is Under Commitment... MH Reexaminations and Extensions... MH 1-39 MH 2 Alcohol Commitments 1. Emergency Commitment... MH Involuntary Commitment... MH 2-8 TOC-5
6 3. Preliminary Hearing... MH Final Hearing... MH Right to Refuse Medication and Treatment... MH Special Provisions for AODA Commitment for Minors... MH 2-21 MH 3 Criminal Commitments and Transfers 1. Criminal Commitment... MH Civil Commitment of Inmates of Prison, Jail, or House of Corrections... MH Transfers of Criminally Committed Defendants... MH Transfers of Inmates from Prison, Jail, or House of Corrections... MH Transfers of Persons from Secured Juvenile Facilities... MH Reexamination of Transferees... MH 3-11 MH 4 Voluntary Mental Admissions/Settlements 1. Purely Voluntary Admissions... MH Conversion from Involuntary Commitment Proceedings... MH Nonprotesting Admissions... MH Special Provisions for Minors... MH 4-8 MH 5 Patients Rights and Records 1. Applicability... MH Rights... MH Denial of Certain Rights... MH Grievance Procedure... MH Patients Records... MH 5-16 TOC-6
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