Guardianship Agreements Attorneys in Houston Helping You Understand Guardianship Rights
A guardianship agreement gives a person legal control over another person—a child, an elderly parent, or a disabled and vulnerable adult. Guardianship agreements help elderly people when they can no longer care for themselves and work in situations where parents cannot provide basic living and care for their children due to incapacity or death.
Guardianship agreements also extend to estates, giving a person control over finances, property, and related decisions. In other words, you can file for a guardianship agreement for a person, a guardianship agreement for an estate—or both.
There are different types of guardianship agreements depending on the circumstances, including:
- Guardianship of an adult
- Guardianship of a minor
- Temporary guardianship
Our guardianship agreements lawyers can help you strategize the best approach to a guardianship agreement, whether you’re planning for the future or acting as a guardian and need to file the appropriate documentation.
The big decisions are never easy, but they’re worth it. At The Hatchett Law Firm, PLLC we treat our clients with compassion, kindness, and understanding to create the best possible journey and experience when navigating some of life’s toughest decisions.
When it comes to your family, we put you first. Our guardianship agreements lawyers can help you navigate the guardianship agreements process, from start to finish, with finesse. Book a free consultation today: 281-214-6541.
What is a Guardianship of a Person versus an Estate?
A guardianship of a person means that a guardian assumes legal responsibility for a minor child, special needs adult, or elderly adult when they are not of age to care for themselves or are not physically or mentally able to care for themselves. Guardianships can be temporary or permanent.
A guardianship of an estate helps preserve and manage the assets of an estate when the owner is no longer able. A guardian of the estate uses the estate to provide care, maintenance, education, housing, and support for the person that’s now in their care, such as a minor child, special needs person, or elderly adult.
You can take an important step in the estate planning process to plan for unexpected situations like this for yourself, your children, and your family’s future. The last thing you want is for someone you don’t know or trust to be responsible for your children, your estate, and your medical choices, among other things, when life doesn’t go as planned.
Our guardianship lawyers with The Hatchett Law Firm, PLLC can be a part of the guardianship process to ensure all legal requirements are met. Our firm will be useful in helping you plan for guardianship needs as part of the estate planning process or if you need legal support in applying for guardianship over another individual.
Book a free consultation with our guardianship lawyers to determine the next steps. Call us today: 281-214-6541.
What are the Types of Guardianship Agreements?
Becoming a guardian and caring for another person or an estate is a big responsibility. It adds a lot to your plate, though it’s a fulfilling and rewarding position, too.
As a guardian, there are many tasks you’re responsible for to ensure the person or the estate is well-taken care of. You must make decisions that are in line with the best interests of the vulnerable person and in accordance with Texas law. This includes communicating with other family members along the way and following legal protocol as the court decides.
We can help you better understand guardianship agreements, what they entail, and how to file and follow them. These are the types of guardianship agreements, depending on your circumstances:
- Guardianship of an adult: A guardian of an adult offers care and support to a special needs adult or elderly person when they cannot make decisions on their own. The guardian is responsible for providing shelter, food, clothing, medical attention, treatment, and many other daily essentials.
- Guardianship of a minor: Incarceration, illness, and physical and mental conditions might be reasons for needing a legal guardian for your children when proper care and supervision by parents aren’t possible. A legal guardian of a child is responsible for providing clothing, education, shelter, food, health treatment, and many other day-to-day care needs.
- Temporary guardianship: A short-term guardianship can be used to authorize an informal guardianship without court approval. This provides a person with authority, for a temporary amount of time, as determined by the parents of a minor child. A child might need to stay with someone else for a short time due to an emergency.
The Hatchett Law Firm, PLLC can help you through the guardianship of an adult, guardianship of a minor, and temporary guardianship needs. Contact us today to learn more: 281-214-6541.
What Do I Have to Provide as a Guardian?
A guardianship can be voluntary, involuntary, permanent, or temporary. All guardians have a fiduciary duty and legal obligation to put a loved one’s interests ahead of their own.
Guardians make important decisions every day on behalf of minors, elderly adults, and special needs adults with a focus on cultivating an environment conducive to physical, spiritual, and emotional growth.
From a day-to-day perspective, a guardian must:
- Provide proper care, maintenance, education, and support
- Supply essentials like food, clothing, and shelter
- Provide access to medical care and treatment, and authorize medical decisions related to surgery, dental, mental, and physical care
- Provide opportunities for education, growth, and learning
- Communicate with family members regularly according to the court’s appointed order
- Communicate with the court and attend hearings, as they are required
In end-of-life situations, a guardian must also make quick, important medical decisions, including any necessary medical treatment, long-term care, or financial decisions.
Adhering to your guardianship duties helps prevent contestation of guardianship, which is the act of having the guardianship of another person removed if the guardian is failing to perform the specified duties and neglecting care. In extreme situations, this could mean abuse toward the minor or elderly person.
If you want to become a guardian or need to contest a guardianship, The Hatchett Law Firm, PLLC can do all of the heavy lifting for you, including filing the paperwork, attending guardianship hearings, and communicating with and notifying family members, and helping you step into the role.
Why Book a Free Consultation with our Guardianship Agreements Lawyers?
Legal guardianship of a minor or an adult is the right fit for you if you are prepared and ready to act in your loved one’s best interests and have a desire to protect and care for them.
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, and also litigate any serious guardianship disputes you may face.
Whatever your scenario related to guardianship, we’re with you every step of the way. Book a free consultation with our guardianship agreements lawyers and start moving forward today: 281-214-6541.