There are times when one becomes incapacitated due to illness or injury. In such a situation it may be necessary to gain a guardianship over another adult. There are two forms of guardianship – guardian of the person and guardian of the estate. The distinction is similar to that of the medical power of attorney and the financial power of attorney. Guardianships can be partial or complete depending on the circumstances of the incapacitated person. They can also be temporary or permanent. Texas law can be complicated when it comes to gaining a guardianship over another adult. If your loved one is in a situation where they can no longer care for themselves then it is important to contact an attorney immediately. Our lawyers service all of Texas.
Dallas lawyers assisting Texas residents with adult guardianships
Texas law allows for guardianship to be established over an adult who is incapacitated. The first step is to petition for guardianship. Among other criteria, a doctor’s report, dated within the last 120 days, must be submitted in which the physician finds the adult (known as the proposed ward) to be incapacitated. In determining who shall serve as guardian, the Court will grant deference to the person named in a designation of guardian if one exists. The Court may also defer to the persons named in a medical or financial power of attorney, but not always. The Court may also use an ordered list governed by Texas law. The Judge, however, can skip over anyone if the Court determines that person would not be an appropriate guardian. Texas’ guardianship procedures can be quite complicated and it is highly suggested that you retain an attorney for the process.
Our Dallas lawyers assist with the appointment of of a loved one or other appropriate guardian when a proposed ward is incapacitated. Once retained we will analyze the medical records to determine if additional documentation is needed. We will quickly file the petition with the Court and will be in regular contact with you throughout the process. We understand that it is highly stressful to see a loved one suffering and unable to care for themselves. We make matters such as this our business so that you can get on with the business of caring for your family. Our attorneys represent clients in Dallas, Plano, Frisco, McKinney, Denton, Fort Worth, Garland, Irving, Austin, Houston, San Antonio, Nacogdoches, Lufkin, and Center Texas and are ready to assist you. Contact us online or by telephone today to schedule an initial consultation.
Aggressive legal representation for Dallas, Texas residents disputing the designation of an adult guardian
People care for their loved ones a great deal. It is understandable that there can be disagreements over who should serve as a guardian. If you believe that someone is attempting to be designated as a guardian, and that person is not fit to serve, it is imperative that you dispute the request and time is of the essence. We will immediately meet with you and determine whether or not arguments against the proposed guardian have merit. Our lawyers aggressively represent Dallas residents as well as others throughout the state of Texas.
We are also able to assist with several other matters which are often implicated when a loved one becomes sick or otherwise incapacitated. These include the drafting of a last will & testament and creating a financial power of attorney.