Overview of the
Guardianship Process
Guardianship
Not every lawyer can handle a guardianship matter.
In Texas, a lawyer must be certified to represent you in your guardianship case.
Our law firm is prepared to assist you with your uncontested guardianship matters such as establishing guardianships of the person and estate, as well as continual guardianship management, i.e., filing annual accountings, applications to sell real and personal property, and annual reports.
What We Offer
What is guardianship?
In Texas, guardianship is a legal arrangement where one person (the guardian) is appointed by a court to make decisions on behalf of another person (the ward) who is unable to make those decisions independently due to incapacity, disability or minor status. Guardianship in Texas can be established for two main areas
Guardianship of
the Person
This type of guardianship allows the appointed guardian to make decisions related to the personal well-being and care of the ward. This includes decisions about the ward's residence, healthcare, education, and other personal matters.
Guardianship of
the Estate
Guardianship of the estate involves decisions related to the ward's financial affairs. The guardian manages the ward's assets, income, and financial matters, making sure that they are used for the ward's benefit and well-being.
To establish guardianship in Texas, a person (often a family member or concerned party) must file a formal application with the county probate court where the potential ward resides. The court will consider the application, review evidence of the ward's incapacity, and determine if guardianship is necessary.
Guardianship is typically sought when there are concerns about an individual's ability to make sound decisions due to factors such as age, disability, mental illness, or cognitive impairment. The court's decision to appoint a guardian is based on the principle of protecting the ward's best interests.
It's important to note that guardianship is a significant legal responsibility and should only be pursued when there are no less restrictive alternatives available, such as powers of attorney or supported decision-making agreements. Additionally, guardianship in Texas is subject to ongoing court oversight, including the filing of annual accountings and reports to ensure that the guardian is acting in the best interests of the ward.
Guardianship laws and procedures can vary by state, so it's essential to consult with an attorney experienced in Texas guardianship matters to navigate the process correctly and ensure that the ward's rights and well-being are protected.
Guardianship Of The Person
Overview
Guardianship Of The Person
and Estate Overview
Request a Consultation
If you need an attorney for an uncontested probate or guardianship matter, or if you are interested in simple estate planning, we are here to help. Contact us to schedule a consultation.
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