Documents / Guardianship

Guardianship

A court-supervised arrangement where a guardian acts for a minor or incapacitated person.

Guardianship matters in mineral title when an owner is a minor or has been declared incapacitated. The guardian — not the owner — has authority to lease, sell, or ratify, and the guardian's authority comes from a court order that has to be on file.

For curative purposes, missing a guardianship is the same as missing a probate: the document signed without authority is potentially void, and the operator has paid bonus or royalty to the wrong party.

Filed at: Probate or family court
Typically appears when: Owner of mineral interest is a minor · Owner is incapacitated · Estate is in trust for a beneficiary

Also called: guardian, conservatorship, guardian ad litem

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