Professional Legal Guidance for
Establishing Guardianship.
What is Guardianship?
A guardianship is a legal relationship in which a person (the guardian) is appointed by the court to care for and make decisions for another person (the ward) who is unable to care for themselves. Guardianships can be established for both adults and children.
Navigating Texas laws and requirements to be appointed in such positions can be difficult without the guidance of an experienced guardianship attorney. In Texas, guardianship attorneys must be certified under Texas Estates Code §1054.201.
types of guardianship
GUARDIAN OF THE PERSON
Guardian of the Person gives the guardian authority over ward's personal affairs, including making decisions about their living arrangements and the power to consent to medical, psychiatric, and surgical treatments. The guardian has the duty to provide food, shelter, and medical care of the ward.
Once appointed, guardian of the person is required to file annual well-being reports with the Probate Court.
GUARDIAN OF THE ESTATE
Guardian of the estate gives the guardian authority over the ward’s financial affairs and property. The guardian has the duty to care for the ward’s personal property as a prudent person.
Once appointed, the guardian of the estate is required to give notice to creditors, file an inventory, and file annual accounts reporting all income and expenditures of the ward.
it’s okay to need help when making the tough decisions.
fREQUENTLY aSKED QUESTIONS
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Guardianship may be necessary when an adult loved one has been declared incapacitated by a qualified medical provider and there are no alternative estate planning measures in place, such as a power of attorney. In Texas, courts require all other alternatives are explored for an adult before guardianship is ordered. It is important to have such guardrails in place when considering guardianship.
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Guardianship for a child is generally only necessary when a child owns or inherits property. Though a parent of a child is a natural guardian of said child, the law requires proper court procedures when it comes to financial assets and property that belongs to the child.
This makes guardianship differ from conservatorship/custody that is decided in the family law court.
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No. Texas law requires attorneys who are representing applicants for guardianship are required to be properly certified under the Texas Estates Code. Additionally, guardianship can be viewed as a very niche practice area. It is best to find an attorney that is not only certified, but has experience in this area of law.
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Generally, it takes about 3-5 months to get a client appointed at guardian for an incapacitated person. The variation of that time period depends on the completion of different tasks, such a as completion of a medical exam for the proposed ward, completion of JBCC training and certification, return of a background check, and proper notice being served to all required parties,
Many of these steps can be bypassed if an emergency guardianship is needed. However, appointment of an emergency (temporary) guardian is only granted when imminent danger or harm is present.
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It depends. Some times a POA may not be considered valid by a third-party and is unable to be used. Guardianship may be an alternative if not other options are available. Additionally, guardianships may be the best option if the agent appointed under a Power of Attorney is abusing their power or mishandling the principal’s property.
