Guardianship is a proceeding 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. A Durable 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. He has helped many families obtain guardianship when needed. Call today to schedule a consultation to find out more about the procedure for obtaining guardianship.