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Understanding Administration Durante Corporis Aut Animi Vitio: A Legal Overview
Definition & Meaning
The term "administration durante corporis aut animi vitio" refers to a limited grant provided to an administrator when they are unable to manage their responsibilities due to mental or physical incapacity. This grant is typically issued when the administrator is deemed to be of unsound mind, physically infirm due to illness, or has become incapacitated after the initial grant was made. The administration is temporary and lasts until the individual recovers from their condition.
Table of content
Legal Use & context
This term is commonly used in the context of probate and estate administration. It applies particularly in cases where an administrator, who manages the estate of a deceased person, is temporarily unable to perform their duties. This can occur in various legal areas, including:
Probate law
Estate planning
Guardianship cases
Users can often manage the necessary forms and procedures themselves with the help of legal templates available through US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person appointed as the administrator of an estate develops a serious illness that prevents them from fulfilling their duties. A court may issue a limited grant allowing another individual to assist or take over responsibilities temporarily.
Example 2: An administrator suffers a mental health crisis, rendering them incapable of managing the estate. A limited grant can be issued until they receive treatment and are able to resume their role. (hypothetical example)
State-by-state differences
State
Key Differences
California
Allows for a temporary conservatorship in cases of mental incapacity.
New York
Requires a formal petition to the court to establish the need for a limited grant.
Texas
Provides specific guidelines for the duration and scope of the limited grant.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Limited Grant
A temporary authority to manage an estate.
Focuses on incapacity rather than general limitations.
Conservatorship
A court-appointed role to manage the affairs of an incapacitated person.
More comprehensive and often involves ongoing management.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where you or someone you know may need a limited grant due to incapacity, consider the following steps:
Gather documentation of the individual's condition.
Consult with a legal professional to understand the process and requirements in your state.
Explore ready-to-use legal form templates on US Legal Forms to assist with the application process.
In complex cases, seeking professional legal help is advisable to navigate the intricacies of the law.
Find the legal form that fits your case
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