Establishing Guardianships For Minors And Adults
A guardian is an individual who has been appointed to be the caretaker of a person is unable to make important decisions for him or herself, also known as the Ward. A guardian may be appointed to make medical and/or financial decisions for an adult who is incapacitated due to illness or mental deterioration or a minor child in the absence of a parent.
Following a specific guardianship process to establish that there is a need and that the person seeking to be a guardian is qualified to undertake the task, the appointment of a guardian is made by a Texas court. Depending on the circumstances, the court might appoint a temporary or permanent Guardian of the Person, a Guardian of the Estate, or both.
Even after the appointment of a guardian, there will be continued oversight by the Court who will require the filing of recurring documents to ensure the well-being of the Ward’s person and/or the effective management of their estate. This ongoing reporting to the court may just be an annual report as to the Ward’s personal and medical status, or a detailed accounting of the management of the Ward’s property and funds.
In some instances, we may be able to advise you of guardianship alternatives that can save you time and expense. Our lawyers can help you explore a number of alternatives to the establishment of a formal guardianship, such as creating a special needs trusts to care for developmentally disabled children and relatives without impacting their Supplemental Security Income (SSI) benefits, utilizing ABLE Accounts, utilizing Power of Attorney, utilizing Supported Decision Making Agreements or by making use the various supports and services to help protect the welfare of your loved one.
Anyone seeking to be appointed as Guardian should seek the assistance of an experienced and competent attorney to help navigate the guardianship process. Our lawyers have years of experience of representing guardians and wards in probate court proceedings and can successfully guide you through the complex judicial process to establish guardianship of a minor child or a loved one who can no longer care for him or herself.