What Is Guardianship?

Guardianship is necessary when someone has a disability or is incapacitated, making it difficult to care for themselves. This can occur when a person with a cognitive or physical disability is 18 years old and still needs a parent or guardian to care for them. 

Guardianship also is common when elderly or incapacitated adults can no longer take care of themselves financially and/or physically. Usually, the courts grant guardian status to a family member.

The legal and emotional impact of being involved in a guardianship case can be overwhelming. Becoming the guardian of someone you love is a decision that will affect the entirety of their life and yours. At 1st Estate Planning, our knowledgeable and experienced lawyers can guide you through the process of uncontested guardianship.

Contested Guardianship

Contested guardianship means there is a disagreement about who should be granted guardianship or if guardianship is necessary at all. This will usually result in lengthy and expensive litigation in court.

Uncontested Guardianship

Uncontested guardianship means nobody opposes the appointment of a guardian for a minor child or for an adult who is incapable of making sound decisions regarding their finances and/or caring for themselves.

The term “uncontested” can make that type of guardianship process seem easy. But that is misleading. Whether the guardianship is contested or uncontested, these are serious cases, and you should have a legal team with extensive experience on your side in these situations.

Uncontested Guardianship vs. Powers of Attorney

A guardian must be appointed by a judge. Anyone can give powers of attorney to another person without court involvement. In both cases, the guardian or agent has the authority to make financial and/or medical decisions for another person.

Powers of Attorney

Powers of attorney are legal documents designating someone else to have powers regarding your financial, legal, and medical affairs if you are unable to make decisions in those areas. Just like guardianship, powers of attorney usually are given to a family member. 

There are also different types of power of attorneys. These include:

• Non-Durable Powers of Attorney
• Durable Powers of Attorney
• Special or Limited Powers of Attorney
• Medical Powers of Attorney
• Springing Powers of Attorney

Understanding the differences among the various powers of attorney can be challenging.  The attorneys at 1st Estate Planning can advise you regarding these issues.

Uncontested Guardianship in Texas

Working through an uncontested guardianship trial can be intense. Let our seasoned legal team advise and guide you through every step. Our experienced guardianship attorneys offer aid and legal advice every step of the way.

Contact 1st Estate Planning at (469) 207-1529 to learn how we can help you and your loved ones.