guardianship. 1. The fiduciary relationship between a guardian and a ward or other incapacitated person, whe-reby the guardian assumes the power to make decisions about the ward’s person or property. • A guardianship is almost always an involuntary procedure imposed by the state on the ward. Cf. CONSERVATOR; INTERDIC-TION(2). 2. The duties and responsibilities of […]
incompetent, adj. 1. (Of a witness) unqualified to testify. [Cases: Witnesses 35. C.J.S. Witnesses §§ 87–88, 90, 92.] 2. (Of evidence) inadmissible. • This sense is often criticized, as in the quotation below. [Cases: Evidence 148. C.J.S. Evidence §§ 3–5, 197, 246–247.] “[Incompetent] is constantly used loosely as equivalent to ‘inadmissible’ on any ground. This
curatio (ky[schwa]-ray-shee-oh), n. [fr. Latin cura “care”] Roman law. 1. The power or duty of managing the interests of a youth or incapacitated person. 2. The office of a curator. Pl. curationes (ky[schwa]-ray-shee-oh-neez). See CURA.
letters of guardianship. A court order appointing a guardian to care for the well-being, property, and affairs of a minor or an incapacitated adult. • It defines the scope of the guardian’s rights and duties, including the extent of control over the ward’s education and medical issues. See GUARDIAN. [Cases: Guardian and Ward 16.]
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A bill filed when a litigant dies or becomes incapacitated before the litigant’s interest in property could be determined. • The purpose of the bill is to resolve who holds the right to revive the original litigation in the deceased’s stead. [Cases: Equity 116.]
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facility-of-payment clause. 1. Insurance. An insurance-policy provision allowing the appointment of a person to receive payment from the insurer on the beneficiary’s behalf. [Cases: Insurance 3468.] 2. Trusts. A trust provision that allows anyone who owes money to an incapacitated trust beneficiary to discharge the debt by paying the money owed to the custodial trustee.
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incapacitation, n. 1. The action of disabling or depriving of legal capacity. 2. The state of being disabled or lacking legal capacity. — incapacitate, vb.
A revocable trust for which a custodial trustee is named to manage the assets for an incapacitated or disabled beneficiary. • The beneficiary does not have to be disabled or incapacitated at the time the trust is created. An adult beneficiary who is not disabled or incapacitated may terminate the trust at any time before