Texas courts will appoint a person to be a guardian of an estate, minor or incapacitated person to handle their affairs. This is known as guardianship. Certain processes are in place to ensure that a guardian is necessary and tap a person to become a guardian. It’s recommended to hire an experienced legal attorney to help with this process.
In fact, most courts will not entertain guardianship applications unless they come from an attorney.
If you want to set up or contest a guardianship, Pratt Law Group lawyers can assist you. We have the knowledge needed to take your case to court and work hard to give you the outcome you are looking for.
Guardianship Services include: Contested and uncontested Guardianship matters; Applications for Guardian of the Person and Guardian of the Estate; and all other alternatives to guardianships.
For guardianship over a person in Texas, you must provide the following:
Substantial evidence that a person must have a guardian either because they are a minor (under 18) or are incapacitated. Minors under 18 are automatically deemed incapacitated due to their inability to care and provide for themselves. An incapacitated adult is usually the result of a mental or physical disability.
If there is no proven incapacity, a guardian will be appointed by the court, usually based on a priority list such as close relatives. If more than one person is deemed a priority, the court will choose the person most qualified to be guardian.
It is quite possible, considering the situation, that more than one guardian will be appointed – one for the estate and one for the person. However, the court may see that a single guardian is appointed for both. A guardian of an estate is called a fiduciary, which means they are legally accountable to act in the estate’s best interests. A bond is necessary to ensure they will uphold their duties.
An experienced guardianship lawyer will have the knowledge to understand the complex nature of guardianship, power of attorney, etc. You need to be aware of what your rights are as well as the responsibilities you will be tasked with.