Guardianship

Arlington Guardianship Attorneys

Experienced and Compassionate Attorneys Helping Individuals With Their Legal Needs

When family members grow older, they sometimes need others to help them make financial decisions and oversee their medical care. However, an incapacitated adult often has not made prior arrangements, such as granting another power of attorney to make the process easier.

When an individual can no longer care for themselves or make sound decisions, it may be necessary to establish guardianship to protect their well-being. The legal process involved with being appointed as a guardian can be overly complex and requires the help of an experienced attorney.

Hartley Law Group is a law firm dedicated to helping individuals and families with their legal needs. If you have questions about guardianship or need information about our legal services, contact our law offices immediately. One of our Arlington, TX, guardianship attorneys will gladly review your case and determine your legal options.

What is the Role of A Guardian in Texas?

In Texas, the court may appoint a guardian to oversee the affairs of an adult incapacitated person called the ward. The primary role of the guardian is to ensure that the ward is not subject to exploitation, abuse, or neglect.

Once appointed by the court, the guardian is responsible for caring for the ward’s matters. Examples include making medical decisions on the ward’s behalf and overseeing the ward’s finances, including paying bills, buying or selling property, and investing money.

Texas state law requires that guardians submit regular reports to the court detailing how the ward’s finances, living conditions, and well-being are managed. The guardian must also include information about how often they have visited the ward in person. Before the report can be submitted to the court, the guardian must sign it before a notary.

What are the Different Types of Guardianship?

Texas has four distinctive types of guardianship depending on the potential ward’s needs, which include:

  • Guardianship of a Person: The guardian is responsible for ensuring the ward is properly cared for, which includes medical care, housing, food, and clothing, and can be a full or limited guardianship depending on the ward’s needs.
  • Guardian of the Estate: This type of guardianship can also be full or limited and includes being responsible for the ward’s property and financial matters.
  • Guardian of the Person and Estate: The guardian has the authority to manage the ward’s property and financial matters as well as ensure they receive proper care.
  • Emergency or temporary guardianship: A judge temporarily appoints a guardian over the ward until the court can make a permanent decision.

The court will decide whether the guardianship should be full or limited. Full guardianship gives the guardian complete authority to manage the ward and/or property, depending on the ward’s needs. Limited guardianship restricts what actions the guardian can make on behalf of the ward.

What are the Legal Requirements to Be a Guardian?

Texas laws stipulate that anyone who wishes to become a guardian must meet strict eligibility guidelines, including being a Texas resident. Generally, family members of the incapacitated person, referred to as the ward, are given preference.

Other eligibility requirements to become a guardian include:

  • Be at least 21 years old
  • Have graduated high school or have a GED
  • Have the physical and financial ability to care for the incapacitated person
  • Pass a thorough background check with no felonies, especially any that relate to abuse or crimes against others
  • Complete a mandatory training course which includes the guardian’s responsibilities and how to manage the ward’s financial matters
  • Post a personal or cash bond to protect the ward’s estate and ensure the guardian acts in the ward’s best interest. The amount of the bond is determined by the court and based on the value of the ward’s assets. Under very limited circumstances, the court may waive the bond requirement upon application – but don’t count on this.

If you are unsure whether you meet the legal requirements to become a guardian, contact Hartley Law Group to schedule a consultation so we may evaluate your case. We have a proven record of being able to help clients gain guardianship over their loved ones and will help you determine your options.

What is the Legal Process Involved With Establishing Guardianship?

If you wish to establish guardianship in Texas, your first step should be to consult an experienced attorney who can help guide you through the legal process to ensure it goes smoothly. An attorney will also help you obtain the necessary documents the court will request and represent you in court.

The other steps involved in establishing guardianship include:

  • Filling out an Application for Guardianship in the county the ward resides in or where their assets are located.
  • Obtain a doctor’s evaluation, where the physician certifies in writing that the ward is incapacitated.
  • Send a legal notice to all interested parties, including the incapacitated person and family members, regarding the intention to become a guardian.
  • Attend a court hearing where the petitioner must present clear and convincing evidence that the incapacitated person cannot manage their personal affairs, and that guardianship is necessary. During the court hearing, the incapacitated person will also have the opportunity to express their wishes regarding guardianship.
  • If the judge grants the petition, they will grant the petitioner guardianship and define the scope of the guardian’s legal authority.
  • The guardian will very likely be required to post a bond with the court and take an oath of office attesting that they will only act in the ward’s best interest.
  • The guardian must submit annual reports to the court detailing how they have managed the ward’s needs.

Why Should I Trust Your Law Firm to Help Me With Guardianship Issues?

Deciding to place a loved one under legal guardianship can be a turbulent time for a family. Establishing guardianship should never be taken lightly and should always be thoroughly discussed with a knowledgeable attorney.

Our legal team has extensive experience helping families with their legal needs and will act as an advocate when you need it most. When you come to us for help, we will professionally evaluate your case and determine the best course of action that will protect your family member. Our competent and compassionate attorneys will provide the legal guidance to ensure the process goes smoothly to face the future confidently.

Contact Hartley Law Group today at Arlington, Texas, law offices by calling 805-639-0600 to schedule a consultation with an attorney who will advise you of your legal options.