pjc-family-2024-lib

S UBJECT I NDEX

B

duty of loyalty eliminated, 235.12 Broad-form submission, Introduction (4)(a), (b), 251.2 and Casteel doctrine, 251.2 with instruction on parental preference, 215.8, 215.14 Burden of proof. See also Evidence before or after will admitted to probate, 230.1–230.4, 230.8, 230.9 clear and convincing evidence, Introduction (4)(e) on fiduciary, 232.2, 235.10, 235.11 fraud and undue influence, 230.5, 230.6, 235.3 for involuntary commitment, 245.1–245.3 mental capacity to create trust, 235.1 placement of, by instruction, Introduction (4)(e), 200.3 preponderance of the evidence, Introduction (4)(e), 200.3 for reimbursement between marital estates, 204.1 in termination case, 218.1–218.3 Business, valuation of, 203.2 C Capacity. See also Incapacity; Mental capacity as consideration for guardianship, 240.1 lack of to care for self, 240.3 to manage property, 240.4 for modification of guardianship, 240.18 restoration of, 240.16, 240.17 contrasted with modification of guardianship, 240.18 Chemical dependency, definition of, 245.3 Child abuse, conviction of conservator for, considered in modification, 217.1– 217.4

Bad faith definition of, 235.15, 250.8 in exculpation of trustee, 235.15 in prosecuting or objecting to

appointment of guardian, 250.8

Best interest of child appointment of nonparent as managing conservator, 215.8, 215.14 in conservatorship modifications, 217.1– 217.5 evidence that possession or access by parent not in, 216.3 factors in determining in termination case, 218.1–218.3 conservatorship questions, 215.1 joint managing conservatorship, factors, 215.10 Best interest of ward, as requirement for guardianship of adult, 240.9 Bifurcated trial, 200.4 Breach of fiduciary duty by personal representative remedies for, 232.3 self-dealing, 232.2 Breach of fiduciary duty by trustee of express trust actual damages for, 235.13, 235.14 exemplary damages for, 235.13 no self-dealing, 235.9 remedies for, 235.13 self-dealing duties modified but not eliminated, 235.11 duties not modified or eliminated, 235.10 no statutory definition of, 215.1 not required for termination by nongenetic father, 218.5 as primary consideration in actual damages for, 232.3, 232.4 exemplary damages for, 232.2 no self-dealing, 232.1

442