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Affidavit by Guardian of Person and Estate of Ward Relating to...

Alameda California Affidavit by Guardian of Person and Estate of Ward Relating to Granting An Oil, Gas, and Mineral Lease

Name: Alameda California Affidavit by Guardian of Person and Estate of Ward Relating to Granting An Oil, Gas, and Mineral Lease
Brand: US Legal Forms
Rating: 4.65 (364 reviews)

Category:

Oil Gas and Minerals - Affidavits

State:

Multi-State

County:

Alameda

Control #:

US-OG-173

Format:

Instant download

Description

An affidavit is statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath (e.g. a notary public). This form is used by a Guardian stating the intent to execute an oil and gas lease on behalf of the ward.

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How to fill out Alameda California Affidavit By Guardian Of Person And Estate Of Ward Relating To Granting An Oil, Gas, And Mineral Lease?

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FAQ

Accordingly, the guardian may not purchase the ward's property for sale which is under his guardianship. The reason for such prohibition is that, public policy prohibits the transactions in view of the fiduciary relationship involved. The sales entered into in disregard of the prohibition are not however void.

The legal relationship that exists between a person (the guardian) appointed by a court to take care of and manage the property of a person (the ward) who does not possess the legal capacity to do so, by reason of age, comprehension, or self-control.

A guardian has no authority to sell real estate of his ward, merely by reason of his general powers, and in the absence of any special authority to sell conferred by will, statue, or order of court.

Natural guardian means father and mother who shall be deemed to be the natural guardians of the person of their minor children. If either dies or is incapable of action, the natural guardianship of the person shall devolve upon the other.

In the first, statutes give parents the right to appoint a guardian by will. Guardianship by nature is the natural guardianship arising out of the relation of parent and child. A guardian by judicial appointment is one named by a court with jurisdiction over such relations.

When accounts are exhibited by a guardian of the property of a ward in pursuance of a requisition made under clause (c) of section 34 or otherwise, the Court may appoint a person to audit the accounts, and may direct that remuneration for the work be paid out of the income of the property.

The term de facto guardian is not mentioned anywhere in any law but it has always been recognized by the court. A de facto guardian is a person who has taken a continuous interest in taking care of, managing the child, his/her property, or both.

Clause (1) of Section 8 states about the general powers of the guardian. It is pari materia to Section 29 of Guardians and Wards Act, 1890 which states that the guardian is appointed by the Court and he is bound by the judgment of the Court. The section construes the minor's estate or the immovable property.

' In appointing ,,a" guardian, the court takes into consideration various factors, including the age, sex, wishes of the parents and the personal law of the child. The welfare of the children is of paramount consideration.

Although a minor cannot act as a guardian but there is an exception in case of minor's own wife or child or where minor is managing member of an undivided hindu family, the wife or child of another minor member of that family.

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Grants the conservator of the estate or of the person and the estate of a conservatee powers granted to a guardian relating to inventoryo. S Acquiescence relates to market value of oil and gas leases on Mar s Acquiescence re!Ates to issue in connection with option payment s Estate tax decision. Dennis McDaniel, representing the Plumbing,. Es his practice on elder law, estate planning, Medicaid planning, probate, guardianships, and conservatorships. Alameda County Sheriff Dept. Fill out the form to access a sample of Practical Guidance. In the words of the Great Chief. Justice John Marshall, "It is emphatically the province and duty of the Judicial Department to say what the law is. Liability for Other Person under Labor Code §558 and 558.

Alameda California Affidavit by Guardian of Person and Estate of Ward Relating to Granting An Oil, Gas, and Mineral Lease

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How to fill out Alameda California Affidavit By Guardian Of Person And Estate Of Ward Relating To Granting An Oil, Gas, And Mineral Lease?

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Form Rating

Form popularity

FAQ

Can a guardian purchase the property of his ward?

What is a ward relationship?

Can a guardian sell property Philippines?

Who is natural guardian?

Who selects a wards guardian in the Victorian era?

Is guardian entitled to any remuneration under guardianship and Wards Act 1890?

What is de facto guardian?

What are powers of guardians with regard to immovable property?

What are the matters considered by the court in the appointment of a guardian?

Can a minor husband be a guardian of his wife and children under guardian and Wards Act 1890?

Interesting Questions

What is an Alameda Affidavit by Guardian of Person and Estate of Ward Relating to Granting An Oil, Gas, and Mineral Lease?

Who can file an Alameda Affidavit by Guardian of Person and Estate of Ward Relating to Granting An Oil, Gas, and Mineral Lease?

What is the purpose of filing this affidavit?

What does 'granting an oil, gas, and mineral lease' mean?

Can the guardian grant the lease without filing this affidavit?

What rights does the ward retain after the lease is granted?

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