Dallas Lawyers Protecting The Elderly Through Guardianship Disputes
Whether due to age, temporary disability, permanent disability, or illness, many Texas adults need assistance caring for themselves. Under state law, a Court may appoint another adult to act as guardian for the person in need. A guardian is granted specific authority by the Court to act on a ward’s behalf. This often includes financial and medical decision-making. For obvious reasons, guardianship is a serious responsibility with fiduciary obligations to act in the best interest of a ward. Unfortunately, there are times when guardians do not behave ethically. This can take the form of financial manipulation as well as physical or psychological abuse. If you suspect that your loved one is being subjected to such treatment in the state of Texas, then you should stand up for their rights immediately. In fact, you may have an obligation to do so and be subject to liability yourself if you fail to act. The Johnson Firm can assist by disputing the actions of an existing guardian or seeking their removal when appropriate. We can also help determine what damages the guardian may have caused as a result of their breach of fiduciary duties. Our Dallas lawyers can assist in such situations. Call our offices to speak with an attorney.
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Aggressive attorneys assisting residents of Dallas, Texas in litigation against adult guardians
There are many times when an adult guardianship is necessary. An elderly loved one may require assistance with daily activities or may have reached a stage of life where they can no longer manage their own affairs. A person may suffer an unexpected illness and require assistance temporarily until they regain the capacity to manage on their own. Regardless of the situation, the person being appointed as a guardian must meet certain legal responsibilities. These include following the express authorizations and limitations on authority set forth by the Court, maintaining the ward’s assets, and reporting regularly to the Court regarding the ward’s affairs. Because guardianships limit the rights of the ward, the Courts generally limit the guardian’s authority as much as possible.
There are, sadly, times where the guardian oversteps their authority, abuses the position of power, or completely breaches their duties to the ward, harming them financially and/or physically. For instance, a guardian may spend the ward’s money as if it were their own, transfer assets into their own name, take out loans in the ward’s name, or engage in other behavior which takes financial advantage of the victim. Perhaps even worse, cases of physical abuse or neglect at a guardian’s hand occur all too frequently. Fortunately, the state of Texas allows for remedies in such situations. If you suspect that your loved one is facing such a dilemma then you should retain an attorney immediately.
Our Dallas lawyers will protect the rights of your loved one if they are being taken advantage of by a guardian. Causes of action we will bring may include breach of fiduciary duty along with other legal claims. We will file the appropriate pleadings to immediately stop the guardian from transferring additional assets, engaging in improper financial transactions, or to have the guardian immediately removed. We will then obtain accountings of all financial records, as well as other necessary documents, to determine the extent to which harm has been done and to present a case to the Court. We will stay in regular contact throughout the process and be available to answer your questions. We make matters such as this our business so that you can focus on the business of caring for your loved ones. Call our office today to schedule a consultation with attorney Price L. Johnson or his associates.
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Lawyers taking a collaborative approach towards helping Dallas residents deal with abusive adult guardians
Our lawyers understand the importance of ensuring a loved one’s care. We take a collaborative approach towards our cases so that no stone goes unturned in protecting your interests. At an initial consultation we will immediately work to determine the history of the situation, establish which goals you hope to meet, and make sure you understand your options. Our team-based approach is then utilized to ensure that no potential avenue is missed and that all options are utilized in ensuring your loved one’s future. Our Dallas attorneys focus on the law so that you may focus on protecting your loved one. We also service Plano, Frisco, McKinney, Denton, Fort Worth, Garland, Irving, Austin, Houston, San Antonio, Nacogdoches, Lufkin, and Center.