It is important to have a clear understanding of the guardianship litigation process before making the decision to move forward with pursuing guardianship of a family member or 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.
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. These cases frequently pit family members against each other. In many instances, the fights result from different family members having strong opinions regarding the best course of care for a loved one. While each person involved may have pure intentions and care greatly for the incapacitated person, they may all have completely different views of how best to provide care. Sadly, these disputes can frequently divide families and have lasting consequences.
At Ford + Bergner LLP, we take pride in helping those who are in need of guardianship. We have represented countless clients through the guardianship litigation process, and we strive to achieve the best results possible. 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.