When a family member becomes incapacitated and cannot care for themselves or their property, the Probate Court can appoint someone to act as a temporary guardian. This is a temporary legal arrangement that can be effective for thirty to sixty days. The guardianship attorney can provide guidance and assistance in navigating the process of establishing temporary guardianship. The guardian will be empowered to take care of all aspects of the person’s life including health, finances, and estate.
The court will consider the facts of the case and determine if the person has been rendered incapable of caring for themselves. The court will also evaluate if the person’s estate has been dissipated. The court will hold a hearing to determine if the proposed guardian is suitable to assume the duties of a temporary guardian. The judge will also determine the duration of the temporary guardianship.
If you want to become a temporary guardian for a loved one, you must file an Application for Temporary Guardianship with the Probate Court in the county where the person lives. The applicant must complete the petition and provide the following information:
A medical examination report stating that the person is incapable of caring for himself or herself or that there is probable cause that he or she will suffer serious injury, loss of life, or estate dissipation unless immediate action is taken. The applicant must file an affidavit or sworn declaration that the above statements are true.
Once the application has been filed, with the help of a guardianship attorney, a date will be set for a hearing to determine if the person is a suitable temporary guardian. The alleged incapacitated person, their family members, and the proposed guardian are allowed to contest the appointment.
The court may order the person to be interviewed by a social worker or other professional to see if they are capable of managing their affairs. The social worker will prepare a report that will be submitted to the judge for consideration. The court will consider the report along with any other evidence presented.
An experienced guardianship attorney can assist with the application process and can gather documents to submit as evidence for the court’s evaluation. The guardianship attorney can also be beneficial in helping the client present a strong argument for why they should be granted custody of the child. The guardianship attorney will be able to ensure that the client’s rights are protected and that the best interests of the child are considered by the court. The attorney will be able to answer any questions that the client might have regarding the proceedings. They will also help the client understand their rights as a parent and their obligations to the child.
When an elderly person loses the ability to handle their own financial or medical matters due to mental incapacities, guardianship proceedings are often initiated. This is done to ensure their safety and to avoid financial exploitation or other issues caused by incompetence. However, family members and other interested parties may dispute various aspects of a guardianship proceeding, such as whether the proposed ward is fully capable of making their own decisions or whether less restrictive alternatives exist for handling these affairs.
Such disputes often result in long, contentious court battles that can last upwards of a year and leave loved ones in limbo as the case is appealed again and again. This is why it’s important for individuals to seek a guardianship attorney and alternative legal solutions such as mediation to resolve these matters outside of court.
If you’re struggling with a trust, estate, or guardianship dispute and would like to explore your options for resolution, contact a guardianship attorney to schedule a consultation. Our experienced guardianship attorney can guide you through the process of resolving your matter through mediation.
During mediation, a neutral third party, known as a mediator, guides the conversation between disputing parties in an effort to identify mutually satisfactory solutions for all involved. During a mediation session, our guardianship attorney can help you and your spouse communicate in a way that will lead to compromises and ultimately allow you to reach a solution that works for both of you.
Unlike litigation, mediation is a more efficient and cost-effective method for reaching a resolution in a Guardianship case. Our guardianship attorney team have the experience and creativity necessary to provide an effective mediation, which can often be completed in a matter of weeks or less. In addition, mediation sessions are private, confidential, and off-the-record, which provides a much more positive environment for working through the issue.
A guardianship attorney can also assist you in contesting or defending a guardianship, or in addressing any other probate related issues that may arise. This is especially important if the proposed ward contests your claim and asserts that they retain their abilities to make decisions on their own. Contested guardianship cases often involve complex issues of law, and should not be handled without the assistance of an experienced legal professional.
We are committed to providing our clients with superior legal representation in a wide range of probate and guardianship matters. Our attorneys have decades of experience in handling all types of probate matters, including contested guardianships. To discuss how we can help you in resolving your matter, please contact our office to schedule a consultation.
Whether you are taking responsibility for children, an elderly parent, or another incapacitated person, you must be sure that you understand all of the duties that come with the role. A knowledgeable Houston guardianship attorney can help ensure that you are prepared to act appropriately for your loved one and that all of the appropriate legal steps have been taken.
Texas law defines a guardianship as a legal arrangement “designed to protect vulnerable persons from abuse, neglect and exploitation by granting a designated person authority and control over the person’s personal welfare and/or financial affairs” (source: The Texas Guardianship Association). A guardianship may be imposed for minors or adults. A person seeking a guardianship will file an application and supporting documents, including a medical exam report. The court will then appoint a guardian, and issue “Letters of Guardianship,” which will expire in 16 months unless they are renewed.
A legal guardian must take an oath to serve in their position for the best interests of the ward. They are required to file annual reports and provide proof of a bond to protect the ward’s funds. If they violate their oath or are found to be unsuitable for the position, the court will remove them and issue an order terminating their duties.
Guardianship attorneys of a Minor
A court will only appoint a legal guardian for a minor if a family member requests it or if a judge finds that the child is in need of a guardian. This is a serious commitment and must be made with care, compassion, and knowledge of Texas law. It can be especially complicated when there are other siblings who do not want to assume the responsibility, or when a person who has already assumed the role is found to be abusing or exploiting the child.
Guardianship attorneys of an Incapacitated Person
An incapacity guardianship is based on the finding that a person is incapable of managing their own affairs due to mental illness, physical or emotional disability, or advanced age. This type of guardianship may be permanent or temporary, and can cover a variety of areas such as medical, educational, residential, social, and religious needs.
Our experienced Houston guardianship attorney team handles complex contested cases and work with families to make sure they have the care that they need for their elderly or disabled loved ones. Our firm can also assist with alternatives to guardianship, such as powers of attorneys and management trusts. Contact our firm to speak with a guardianship attorney today.
The Law Office of Whitney L. Thompson, PLLC
4201 Farm to Market 1960 Rd W Suite 320, Box #116B, Houston, TX 77068, United States
(281) 214-0173