It is important to have a clear understanding of the guardianship litigation process as a whole before making the decision to move forward with pursuing guardianship of a family member of a loved one. In Texas, guardianship is a relationship that has been legally established by a court of law that names a person to take on the responsibility of caring for someone who does not have the ability to care for himself or herself or someone who is incapacitated. In essence, the guardian steps into the shoes of the incapacitated person and has the ability to make personal and financial decisions for the incapacitated person.
Who can be classified as an incapacitated person? In Texas, an incapacitated person is:
- an adult who is not able to provide for himself/herself due to age, disabilities, physical conditions, or mental conditions
- a minor
- someone who needs a representative or guardian in order to receive funds that are distributed by the government
In the state of Texas, there are multiple types of guardianships, including the following:
- a guardian who is responsible for providing care and protection for a person
- a guardian who takes on the responsibility of managing someone’s financial affairs or property
- a guardian who takes on the responsibility of caring for someone and managing their property
- a guardian who will provide care and protection on a temporary basis until a final decision has been made
During the guardianship litigation process, only one person can be named as the guardian of a person. Also, only one person may be named as the guardian of someone’s estate. The same person does not have to be the guardian over both the person and the person’s property of the estate. Two different people can be named guardians in situations where the incapacitated person will receive the best care and protection possible. Often, disputes arise among family members as to who is the best person to serve as the guardian for a loved one. For instance, when Mom becomes incapacitated, her 3 children may disagree over which of them should serve as the guardian. When that disagreement is brought forward to the court, the parties end up in a guardianship litigation dispute.
At Ford + Bergner LLP, we take pride in helping those who are in need of guardianship. Before making any decisions about guardianship or care of a family member or loved one, please do not hesitate to contact us to discuss your potential case. We can review your case and take the necessary steps that will be required to have a successful guardianship process.