Texas Lawyers Assisting With The Designation Of Guardians
Whether due to illness, disability, or injury, there are times when an individual loses the ability to handle their financial or medical affairs. In some cases, it may be necessary to step in and assist with these tasks. Texas Courts are authorized to appoint a guardian when doing so is the least restrictive method of helping the incapacitated individual. 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 our office today to speak with an attorney. Our lawyers represent clients in Dallas, Plano, Frisco, McKinney, Denton, Fort Worth, Garland, Irving, Austin, Houston, San Antonio, Nacogdoches, Lufkin, and Center, Texas.
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Dallas lawyers assisting Texas residents with adult guardianships
Texas law allows for guardianship to be established over an adult who is incapacitated and unable to manage their affairs on their own. There are two forms of guardianship – guardian of the person and guardian of the estate. The distinction is similar to that of a medical power of attorney and a financial power of attorney. The first allows the appointee to make decisions related to the general care and well-being of the individual, such as living arrangements, food, clothing, and healthcare needs. The second grants the guardian the power to make financial decisions on the ward’s behalf. Actions such as paying bills, managing investments, or buying or selling real estate might fall under this category. Depending upon the needs of the individual, the Probate Court may grant one or both types of conservatorships to one or more individuals or entities. Guardianships can be partial or complete, and temporary or permanent, depending on the circumstances of the incapacitated person.
The first step in establishing a guardianship is to petition the Court. Among other criteria, a doctor’s report, dated within the last 120 days, must be submitted in which the physician finds the adult 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 person or persons named in the proposed ward’s medical or financial power of attorney because it likely represents the ward’s choice for who should assist them, but not always. The Court may appoint an individual from a list of state-sanctioned guardians. The Judge, however, can skip over anyone if the Court determines that person would not be appropriate for any reason. 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 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 to establish the individual’s incapacity. 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.
Aggressive legal representation for Dallas, Texas residents disputing the designation of an adult guardian
Choosing a guardian is not always a simple decision. It is understandable that there can be disagreements over who should serve as a guardian or whether a guardian is necessary in the first place. 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. Such disputes are time sensitive and should be initiated as quickly as possible. 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 other estate planning matters which are often implicated when a loved one becomes sick or otherwise incapacitated. These include preparing a last will and testament, reviewing beneficiary designations, and creating powers of attorney.