Guardianships and conservatorships are in the spotlight. High-profile cases capture the public’s attention. In bipartisan congressional hearings, a parade of experts and senators take turns denouncing guardianships, conservatorships, and the laws that allow them to exist. Yet the fundamental nature of guardianships remains misunderstood by Texans in Dallas and across the state. This series will help correct misconceptions about Texas guardianships, outline the situations when guardianships are necessary, and discuss the steps you can take when an improper guardianship proceeding is filed.
As an important introductory note, Texas law completely separates guardianships from conservatorships. In Texas guardianships, a probate court first determines whether a person (called a “proposed ward”) is so incapacitated that they cannot take care of themselves, gives a guardian the right to make decisions for the proposed ward, and supervises the guardian’s powers. In contrast, Texas conservatorships typically involve a family court deciding which parent or state agency can make decisions for a minor child. Confusingly, a Texas guardianship is often quite similar to what another state labels a conservatorship. This series will remain focused on Texas guardianships.
This series will discuss the following topics:
- Overview—Pursuing and Avoiding Dallas Guardianships
- The Legal Requirements for Determining When a Dallas Resident Needs a Guardian
- Less Restrictive Alternatives May Avoid Dallas Guardianships
- Practical Reasons Why Guardianships Over Dallas Residents May Be Necessary
- The Legal Process of Challenging Texas Guardianships
- Series Recap—Important Takeaways for Pursuing and Avoiding Dallas Guardianships
In the next post, we discuss what it means to be incapacitated and the initial legal requirements for obtaining a guardianship. Afterwards, we will discuss so-called less restrictive alternatives that may avoid the need for a guardian. We will then outline some of the practical reasons why a guardianship may be necessary or advisable. Then, we will discuss the legal options for Texas residents who wish to challenge a guardianship. Finally, we will recap this series and summarize some of the more important points.
Our Dallas guardianship attorneys represent the various parties who participate in guardianship proceedings in the DFW area and across Texas. Our offices also service Plano, Frisco, McKinney, Denton, Fort Worth, Garland, Irving, Austin, Houston, San Antonio, Nacogdoches, Lufkin, and Center. Our team of guardianship attorneys helps clients pursue and oppose guardianships. Please contact us today if you have any questions about your potential or existing guardianship case.