Real Estate and Commercial Transactions Historically, environmental regulation was primarily the province of the manufacturing sector and mid-level managers. Today, environmental concerns are a necessary component of day-to-day corporate decision-making in virtually all areas of commercial endeavor. The highest levels of corporate management must be involved in environmental matters. Radically changing concepts of liability apply in environmental law. These changes have occurred at both the federal and state levels, as illustrated by a host of relatively new environmental statutes designed to affect real estate and commercial transactions. Adoption Guardianship Guardianship: Guardianships may be involuntary or voluntary. Long term guardianships may only terminate upon court order, as compared to a temporary guardianship, which terminates upon the happening of some event (for example, the minor child's parents return from a long trip, or are released from a long hospital stay, etc); or standby guardianship, which only creates a guardian upon the happening of some event (for example, the parent is admitted for long term hospitalization). There are also basically three types of wards (a "ward" is the person who is in need of the guardian): a minor child, an incompetent person or a mentally ill person. Each situation and each type of proposed guardianship requires different elements of proof. THE GUARDIAN: Any person may file a petition for the appointment of a guardian. The petition shall state the following: (i) the name, age and address of the proposed ward; (ii) the status of the proposed ward as a minor, an incompetent person or a mentally incompetent person; (iii) the name and address of the proposed guardian, and his or her qualification as a fit and proper person to serve as guardian; (iv) the residence of the proposed ward in the county or his or her presence in the county; (v) the facts to show that the best interest of the proposed ward requires the appointment of a guardian in this state; and (vi) the name and address of the person or facility having the care, custody or control of the proposed ward. There is a preference order for guardian in the case of a minor ward. Providing the persons are qualified and suitable, the court is required to consider the following preferences: The parent or parents of the minor; The person nominated as guardian in the will of the custodial parent; The person requested by a minor who is fourteen (14) years of age or over; Any other person who is willing to serve as guardian.
Immediately after appointment, the guardian is required to issue a report to the court regarding the physical condition and principal residence of the ward. The guardian must also realize that at any time the court may order the guardian to present and file in the guardianship proceeding a written report of the condition of the ward and of the guardian's performance of his duties. The law requires of the guardian to: Take reasonable care of the ward's personal property; Commence protective proceedings if necessary to protect the property of the ward;
Apply to the ward's current needs for support, care and education as much of the money or property paid or delivered to the guardian pursuant to W.S. 3-3-108 as may be appropriate; Exercise due care to conserve excess funds for the ward's future needs; and Pay to the conservator excess funds at least annually.
Furthermore the guardian may: Receive money payable from any conservatorship for the support of the ward; Receive money or property of the ward paid or delivered to the guardian pursuant to W.S. 3-3-108; Institute proceedings to compel the performance by any person of the duty to support or contribute to the support of the ward; Facilitate the ward's education, social or other activities; Authorize medical or other professional care, treatment or advice; and Consent to the marriage or adoption of the ward.
The law also states that the guardian is not liable for injury to the ward resulting from the negligence or acts of third persons performed by authority given by the guardian for medical or other professional care, treatment or advice, unless it would have been negligent for a parent to have given that authority. Essentially the law states that the guardian of a minor has the powers and responsibilities of a parent, but a guardian who is not a parent of the minor is not obligated to expend his own funds for the support of the ward, and a guardian who is not the parent of a minor is not liable to third persons for acts of the ward by reason of the relationship of guardian and ward. APPOINTMENT OF GUARDIAN ON VOLUNTARY PETITION: A guardian may be appointed by the court upon the petition of the proposed ward, if the petitioner is not a mentally incompetent person or a minor under the age of fourteen (14) years and if the court determines that the appointment is in the best interest of the petitioner. Cheyenne Office : Graves, Miller & Kingston
408 West 23rd Street
Cheyenne, Wyoming 82001
Phone (307) 638-8885
Fax (307) 637-4850 Sheridan Office: Graves, Miller & Kingston
10 West Ridge Lane
Sheridan, Wyoming 82801
Phone (307) 672-9686
Fax (307) 674-0311 Toll Free Number: 800-765-8885
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