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When A Family Member Or A Valued Friend Needs A Guardian

Guardianship is a legal arrangement “designed to protect vulnerable persons from abuse, neglect and exploitation” (source: The Texas Guardianship Association). People may be considered vulnerable because of their age (very young or very old) or disability. A guardianship is generally imposed when someone is unable to make their own decisions regarding their welfare and/or their finances.  Guardianship parameters may include guardianship of the person (that is, health and welfare) and/or guardianship of the estate (the person’s financial resources).  Accordingly, someone may need a Guardian of their Person, or they may need a Guardian of their Estate.

When Ford + Bergner LLP assists in initiating a guardianship, our lawyers do so through a probate court in Houston, Dallas, Austin or another area community. In areas where there is no separate probate court, we may bring the case in a court where probate matters are heard. A guardianship legally assigns the respective roles of a guardian and a ward (the vulnerable person that the guardian will be responsible for). The guardian may be a friend or family member or another capable person approved by the court.

How We Build A Case For Or Against A Guardianship

When seeking a guardianship of an adult who is unable to make appropriate decisions for themselves, Texas law requires that the application for guardianship be supported by the examination report of a doctor who certifies the nature and extent of the incapacity of the person for whom a guardianship is sought.  When appointed, a guardian’s responsibilities will be similar to those of a parent, encompassing personal welfare and well-being, as well as finances of the ward.

During the guardianship proceedings, the proposed ward’s interests will be represented by an attorney ad litem. The attorney ad litem is an independent attorney appointed by the court to represent the proposed ward’s interests, to make sure that the guardianship is handled appropriately for that person’s needs.

Note: Guardianship may not be the only way to accomplish the goals of watching out for the personal or financial welfare of a minor or an incapacitated adult. Powers of attorney, management trusts and other legal remedies may fill the bill. When Ford + Bergner LLP assists individuals and families with the guardianship process, we are careful to advise these clients on alternatives to guardianship before moving forward.

Why Our Law Practice Includes Guardianship Cases

The attorney at Ford + Bergner LLP have extensive experience assisting clients in obtaining guardianships for loved ones who can no longer make decisions on their own.  We are in the practice of law to improve our clients’ lives. This includes keeping our clients informed and taking initiatives in their best interest only with their approval. We welcome the opportunity to discuss your guardianship needs in Texas. Call us at 713-352-0937 or complete an online intake form.

 

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