Contested Guardianship Attorneys in Houston Helping You Protect Your Legal Status
Life-changing events that alter a person’s ability to care for themselves, their family, home, or finances are why guardianship appointments exist. A legal guardian steps in to make decisions on behalf of your children, an elderly parent, or estate when you’re not medically able or upon your passing.
When an appointed guardian is assigned, one of the most common legal issues is contested guardianship. A person might question a guardianship when:
- Daily, basic living necessities, care, and support are not being met
- Emotional stability issues or mental or physical health issues exist
- Poor decision-making as it relates to healthcare or medical treatment is evident
- Neglect, as it relates to food, clothing, or shelter, has been observed
- In more serious cases, physical abuse or abuse of power related to money are occurring
- The proposed guardian is not following the guidelines of the guardianship appointment
- Mismanagement of finances or decisions related to the estate is suspected
- Lack of communication with other family members is a concern
We help families plan for the future with estate planning and guardianship appointment. As part of this, if legal issues arise, we can represent you in probate court regarding an existing guardianship arrangement should you contest a guardianship decision related to a minor child, elderly person, or others.
What is a Guardianship?
There are two types of guardian status. A guardian of the person and a guardian of the estate.
A guardianship of a person puts someone in charge of the custody and care of another person who cannot legally or safely care for themselves. A guardianship of the estate declares a person in charge of managing another party’s finances in the event they become mentally or physically incapacitated or deceased.
In either capacity, this person must make decisions that are exclusively in the best interest of the person, people, or estate. You can name a full guardian, which involves total responsibility, decision-making, and authority for any financial, legal, or personal affairs, while a limited or joint guardianship manages a select need or needs, possibly in tandem with another single guardian in a joint scenario.
Should you become unable to care for your children, an elderly parent, or another family member, the named guardian becomes a caretaker with important fiduciary and legal responsibilities. A guardian assumes immediate responsibility for basic care and living necessities, including food, education, financial decisions, housing, and medical care.
Appointing a guardian is an important decision, especially when it involves caring for the people you love when you no longer can. The Hatchett Law Firm can help you with guardianship appointments during the estate planning process.
How Do I Avoid Guardianship Issues?
Finding the right person to care for your children as you would or manage your estate and finances can be a daunting task. Having been through the guardianship appointment process with hundreds of families during the estate planning process, our guardianship lawyers are no strangers to the criticality of this decision.
To avoid contested guardianship down the road, you want to put the best possible person in the role that will put others’ best interests first. This important life decision is how our firm helps you set a solid legal foundation from the start.
With crucial life decisions like this, these are some questions to ask about a proposed guardian to determine fit:
- Do you trust them?
- Are they stable and reliable?
- Are they capable?
- Do they have similar values and ideals?
- Do they make good life and financial decisions?
- Would they follow your wishes?
- Would they welcome your children or vulnerable loved ones into their home and love and care for them as you would?
- If they have kids of their own, what is their parenting style?
- Do they want the responsibility?
Don’t hesitate to interview the person you have in mind. A transparent conversation will uncover any concerns and answer questions to give you clarity when appointing a new guardian.
How Can a Guardianship Lawyer Help Me?
Putting families first is our business.
If you need to appoint a guardian, you’re about to become a legal guardian, or you need to contest a guardianship, our guardianship lawyers can help you better understand your rights, legal options, and next steps specific to your circumstances.
When you are planning to appoint a legal guardian, we can help you determine the best type of guardianship based on your goals, including full, limited, short-term, or temporary guardianships. Our team will prepare and file the guardianship application and paperwork to ensure it is legally binding.
If you’re about to assume the role of a guardian, our attorneys can set you up for success and help you understand your legal responsibilities, inside and out, to avoid any conflicts with the people involved and any possible future legal battles that could come from mismanagement.
In the event a guardianship hearing is required to contest a guardianship, The Hatchett Law Firm will work diligently to build a case for guardianship removal in the event of abuse, lack of performance, or incapacity.
If you need legal guidance and support related to guardianship, reach out to an experienced guardianship lawyer with The Hatchett Law Firm and book a free consultation.
Learn More About Guardianship Rights
We help you prepare for the unexpected at The Hatchett Law Firm, in death, and in life.
The people you love and the assets you’ve worked for your entire life warrant time, attention, and the best people for the job. From guardianship and estate planning to helping protect your loved one’s rights and working through legal issues related to contested guardianship – we always put your and your family’s needs first.
Guardianship roles are complex and sometimes complicated. We try to make the process as seamless as possible while also going to bat for you or a loved one if a guardianship arrangement isn’t working.
While most people never feel like there’s a “right” time to plan for the future, take comfort in knowing that many of our clients find immediate comfort and peace of mind as soon as they put a guardianship appointment or estate plan together.
At the same time, there may be no worse feeling than knowing the wrong guardian is caring for a family member and you have no control over it.
We cover all of the bases when there’s conflict, confusion, and a need for clarity. The Hatchett Law Firm is a compassionate group of savvy and well-seasoned attorneys experienced in probate, guardianship, and estate planning.
Learn more about your guardianship rights, guardianship appointment, Texas law, and how it applies to you or a loved one’s specific needs right now. You can book a hassle-free consultation with one of our guardianship lawyers, The Hatchett Law Firm, today. Call 281-214-6541.