Guardianship in Texas
Serving Clients Throughout the Dallas-Fort Worth Metroplex
Guardianship is a process whereby a court determines whether an individual lacks capacity to manage their financial or personal affairs. Often guardianship can be avoided with proper legal planning.
Alternatives to Guardianship
Guardianship is an expensive, time-consuming, and emotional process. Additionally, in order for the court to determine a guardianship is needed, there must be evidence of poor decision-making. This means that there must be a period of time when the individual is making risky choices that could result in serious health problems, and/or financial exploitation.
A better option is to avoid the need for a guardianship by putting into place Advance Directives or other supports.
A Durable Financial Power of Attorney appoints an Agent to manage the individual’s financial interests, and a Power of Attorney for Healthcare appoints an Agent to make health-care related decisions. Trusts may also be useful in protecting an individual’s assets.
If Guardianship proceedings are necessary to protect an individual, a hearing will be held before a judge in the probate court. The judge will determine whether or not the person is incapacitated to the extent that they require a Guardian of the Estate and/or a Guardian of the Person. The Judge will also select the individual or individuals who will serve as Guardian. Once a Guardian has been appointed, regular reports and accounting must be made to the court.
John is Board Certified by the Texas Board of Legal Specialization in Estate Planning and Probate. As a guardianship lawyer, he has helped many families. Contact our office today to schedule a consultation to find out more about the procedure for avoiding or obtaining guardianship.