Texas Guardianship Lawyers
Do you need to obtain guardianship over an incapacitated adult or a minor child? At Anderson Estate Planning, we can help you navigate the application and appointment process in Texas.
Call us at (469) 207-1529 or complete our online form to schedule a consultation.
What Is Guardianship in Texas?
In some cases, disease, disability, or aging can make it difficult for a person to manage their assets and daily affairs. In other instances, children may have no parent to raise and guide them. In these situations, an incapacitated adult or minor child needs someone to oversee their financial and legal matters and to make decisions on their behalf.
A legal guardian is a court-appointed caretaker who can protect and manage the estate, finances, and personal care of an adult who is incapacitated or a minor child. Under this legal relationship, the guardian obtains certain rights, and the incapacitated adult, or ward, loses certain rights. A child would still receive all their legal rights when they reach the age of majority.
The legal implications of guardianship are dependent upon the specific orders of the court but, in general, two primary forms of guardianship exist:
- The court may issue orders for a guardian of the estate to control, protect and represent a ward’s best interests regarding finances, assets, and legal matters.
- The court may issue orders for a guardian of the person to provide for a ward’s physical and personal needs, including food, housing, clothing, education, and healthcare.
In some cases, the court may appoint a guardian who manages both the ward’s financial and personal matters. The court also can appoint someone as a temporary guardian.
The Guardianship Process
If you want to obtain guardianship over someone else, you must file a court application. After receiving this application, the court will appoint a physician to evaluate the individual and, if appropriate, issue an incapacitation certification.
The person who files for guardianship will not necessarily become the ward’s guardian. When choosing a suitable guardian, the court will consider the following:
- The ward’s own Designation of Guardian, if there is one. This document names a person the ward wants to serve as their guardian and can exclude individuals from consideration.
- The Texas Estates Code. This code provides a list of guardians in preferential order, starting with the ward’s spouse.
After the appointment, the guardian must post bond and provide the court with an annual report and update on the ward’s personal or financial care.
At Anderson Estate Planning, we can assist you with this process and apply on your behalf.
Contesting a Guardianship in Texas
Contesting a guardianship involves challenging the appointment or consideration of a guardian by any party, including the proposed ward.
For example, if someone files a guardianship application against you, and you have no condition or injury affecting your capacity, you can contest the guardianship. You can also challenge the application because the person under consideration for guardianship is not suitable for the role.
If the court already granted the guardianship, the ward or other interested party can dispute the guardianship if the guardian failed to fulfill obligations. They might assert that the guardian:
- Failed to take proper care of the ward
- Abused or neglected the ward
- Took advantage of the guardianship to enrich themselves to the ward’s detriment
- Failed to follow the court orders in the guardian agreement
- Has a conviction for committing fraud or another crime
You can also contest a guardianship application on the basis that you have a medical or financial power of attorney that assigns someone to handle your financial or medical affairs, so guardianship is not necessary.
If you believe that guardianship should be contested for any reason, bring your concerns to your attorney. At Anderson Estate Planning, we preserve our clients’ rights by working closely with legal teams who focus on guardianship litigation.
Consult a Knowledgeable Guardianship Attorney in Texas
If you need legal assistance dealing with a guardianship matter in Texas, call on the experienced lawyers at Anderson Estate Planning. If we are not the right team to handle your particular issue, we will help find the resources you need to achieve your goals. Give us a call at (469) 207-1529 to schedule a consultation.