KATY GUARDIANSHIP ATTORNEYS

Protecting Vulnerable Individuals in Tomball, Fort Bend & Harris Counties

Guardianship is the legal process designed to protect vulnerable persons from abuse, neglect, and exploitation. When a person is deemed incapacitated, they are unable to fully make decisions for themselves. Theander & Grimes has experience helping to form guardianship arrangements that serve the vulnerable person’s best interests. Call to learn more about how we can help you provide the best care for your loved one.

Who Needs Guardianship? Understanding the Requirements

This legal avenue is meant to provide assistance for elderly adults and adults with special needs. It also includes minors who by law cannot make certain decisions for themselves. At the end of a guardianship proceeding, the court appoints a guardian (the person applying to take care of a person) to care for a ward (the person needing help).

The topic of guardianship is very complex. Situations could include:

• Guardian of the person: The guardian of the “person” is appointed to make personal, medical, and residential decisions for the ward.
• Guardian of the estate: The guardian of the “estate” is appointed to make financial decisions for the ward. Courts are very strict about protecting the ward’s assets, and there are bond requirements, accounting requirements, and fiduciary duties that are implemented.
• Guardians of minors: Typically, the minor’s natural parents are the guardians of that minor. However, if the minor inherits or is gifted property, then either a formal guardian of the estate or a 1301 Management Trust must be established to handle the minor’s asset. Further, if both natural parents die, a guardian over the person of the minor may need to be established.
• Guardians of special needs adults: When an individual with special needs turns 18 years of age and is deemed incapacitated, there must be a formal guardianship established over the person and of the estate. This may be the natural parents but many times is not.
• Guardians of elderly adults: This population is experiencing a growing need for guardianships due to living longer. Many elderly experience dementia, Alzheimer’s, and other debilitating diseases that prevent them from being able to make decisions for themselves.
• Exploring Alternatives to Guardianship: Texas courts require examining alternatives to guardianship, when possible. Those alternatives can include powers of attorney and trusts.

How to Establish Guardianship in Texas: A Step-by-Step Guide

In order to be appointed a guardian you must hire an attorney to represent you in court. You do not have the right to represent another person.

The process to becoming a guardian includes:

• Application: Your attorney will first file an application for guardianship with the county court.
• Evaluation: A doctor must evaluate the proposed person and certify that he or she is incapacitated. They must be personally served with application.
• Notification: Other ‘interested persons,’ such as relatives, must also be served or notified.
• Legal Representation: An attorney will be appointed to represent the interests of proposed ward.
• Court Hearing: You, the proposed incapacitated person (unless unable to attend) and your attorneys will appear in court for a hearing. At the hearing, you will testify as to why a guardianship is necessary.

Criteria for Appointing a Guardian in Texas

In Texas, a person may be appointed a guardian in certain circumstances related to the physical or mental health of that person. Generally, the court will appoint a guardian when it is determined that such an arrangement is necessary for the wellbeing of the individual subject to guardianship.

The court may appoint a guardian if they determine that the individual is unable to competently make decisions about their health and welfare, or is at a risk of harm. This could involve situations where the person does not have the capacity to take care of themselves financially or medically, or where they need protection from abuse or exploitation. In some cases, guardianship may also be necessary for minors who lack the ability to care for themselves due to age or disability.

Before a guardian is appointed, the court may require evidence that the individual requires protection or assistance. This could include medical reports from doctors or other professionals indicating that guardianship is necessary for the safety and welfare of the individual in question.

Ultimately, appointing a guardian in Texas will involve following specific protocols as set out by the court system.

Why Theander & Grimes is Your Best Choice for Guardianship

Establishing a guardianship over a loved can be an emotional process. We understand that each person and family will have individual needs and concerns. Let our team help you make smart choices about how to preserve the happiness of those in your case.