Section 81.42. Compliance  


Latest version.
  • (a)  A  motion  to dismiss based on the alleged failure to comply with
      any of the provisions of this article, other than  subparagraph  (i)  of
      paragraph  one of subdivision (d) of section 81.07 of this article, must
      be determined without regard to technical  mistakes,  deficiencies,  and
      omissions  that  do  not  result  in  actual  prejudice that affects the
      integrity of the proceeding.
        (b) A judgment or order made pursuant to this article, unless reversed
      on appeal, releases the guardian and the sureties from all claims of the
      incapacitated person and/or any person affected thereby based on any act
      or omission directly authorized, approved or confirmed in  the  judgment
      or  order.  This  section  does not apply where the judgment or order is
      obtained by fraud or conspiracy or by misrepresentation contained in the
      notice, petition, account, or  in  the  judgment  or  order  as  to  any
      material  fact. For purposes of this subdivision, misrepresentation of a
      material fact includes but is not limited to the omission of a  material
      fact.