Helping You Plan to Handle Guardianship of an Adult 

It can be heartbreaking when we discover the people we love can no longer care for themselves. It’s often the turning point in our own lives when we learn that our loved one needs someone to step up and take care of business.

If there is no valid power of attorney in place, making an application for guardianship has to be considered if your loved one can no longer make important decisions related to their health, home, finances, and more.  In other words, everyday needs are in jeopardy, and a guardian must step in.  That’s where we can help. Our well-seasoned attorneys help you through the adult guardianship process, from preparing the proper applications and navigating you through each requirement of the process.

When there are no other alternatives, a guardian may be appointed by a court to act on behalf of an adult who has a functional impairment related to decision-making and communication due to age or other conditions.  We not only help with setting up the guardianship (similar to “conservatorship”) process, but we also work with clients every day in planning and protecting against needing guardianship. This includes setting up directives for you to avoid finding yourself in the same situation one day. Decisions in life and estate planning often come full circle.  

Taking early steps toward establishing a guardianship plan and power of attorney can prevent legal complications and disputes among family members.  By planning, you can ensure that your loved one’s needs will be met without delay or conflict. Sadly, as most individuals consider planning unpleasant, guardianship is usually the only option.

If it is your time to step up for your family, call The Hatchett Law Firm at (281) 771-0560 to speak with a member of our team today.

What is an Adult Guardianship? 

In an adult guardianship, a legal guardian assumes legal responsibility for an adult with special needs or disabilities, or an elderly parent or family member who can no longer care for or make decisions for themselves.

Health-related situations like Alzheimer’s, dementia, a stroke, or general cognitive decline, among others, could prevent someone from making clear decisions for themselves, physically, mentally, and financially.

Parents with a special needs child, for example, will need to plan for specific and unique arrangements to ensure their child is taken care of in adulthood when the parents can no longer serve as caregivers. This is especially true if the child cannot live on their own and will need support from an in-home caregiver or a long-term care facility.

The courts want to ensure the ward’s independence is honored when they are capable of performing some tasks. The court may appoint a guardian with limited decision-making power when the ward is capable of maintaining areas of independence. When making decisions regarding guardianship, the court prioritizes what’s best for the proposed ward and their needs. This means finding a balance of independence and support that results in a happy, full life.

A legal guardian of an adult will have authority, control, and responsibility for everyday decisions as approved by the court and based on medical evidence. This includes medical and financial decisions, education, basic care, support, and discipline.

When planning for a special needs child or stepping into a conservator role for a vulnerable adult, you should make The Hatchett Law Firm 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 help assuming your responsibilities as a guardian.

What Types of Adult Guardianship Appointments Are There? 

If you are trying to petition for guardianship in Texas, you have a few options available to you, depending on the needs of the individual and the level of decision-making power needed.

Full Guardianship 

In a full guardianship, the appointed guardian assumes total responsibility for the proposed ward. The guardian will have control over the proposed ward’s financial management, medical decisions, and personal life. These are usually limited to an incapacitated adult approved upon a medical examination.

Guardian of the Person

For this type of legal arrangement, the court appoints a guardian who is responsible for making personal and medical decisions. They will manage living arrangements, help with daily needs, and make healthcare decisions for their ward.

Guardian of the Estate

With this type of arrangement, the appointed guardian will manage only their ward’s financial affairs. The guardian will be responsible for managing the ward’s assets, paying their bills, managing investments, and ensuring their financial stability. They will have to get court approval before selling or transferring property and making large financial transactions. This helps prevent financial exploitation.

What is a Contested Adult Guardianship? 

Another emotionally charged situation is the contesting of an adult guardianship. It’s difficult to stand by and watch another person improperly care for and not follow through with their commitments to caring for an elderly parent or special needs adult.

Family members might disagree with a decision to appoint or keep a certain person in a guardianship role. When this happens, a person can contest a guardianship with the help of a guardianship lawyer or family law attorney

Some of the most common situations in which a person might contest a guardianship include:

• Daily, basic living necessities, care, and support are not being met
• Emotional stability issues or mental or physical health issues become apparent
• 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 is present
• The proposed guardian is not following the guidelines of the guardianship appointment
• Mismanagement of finances or decisions related to the estate is suspected
• There is a lack of communication with other family members

In cases where an individual regains some level of cognitive or physical function, a guardianship modification or termination may become necessary. Texas law requires annual reviews of the guardianship to ensure the guardianship remains in the best interests of the ward.

There might be a solution for you, and it starts with The Hatchett Law Firm.

If you need to establish, contest, or defend a guardianship, it’s time to speak with our team. We can help you file an application to the court regarding guardianship rights. Call us today at (281) 771-0560.

How Do You File for Adult Guardianship? 

Guardianship cases can be difficult to navigate on your own. There are several procedures and court requirements to follow, among other things, to succeed and win the guardianship of your loved one.

The Hatchett Law Firm can help you apply for guardianship, as we have helped hundreds of other families through the appointment process. We’re no strangers to the criticality of this decision and will serve you with helpful counsel and representation in court. Notify other family members and possible agencies, including any spouses, children, 

We will help you:

• Complete the appropriate legal forms to open up a guardianship case.
• Complete the pre-qualification training and registration requirements.
• Notify other family members and possible agencies, including any spouses, children, parents, grandchildren (14 and above), healthcare facilities, and medical benefit providers.
• Attend a hearing after filing the paperwork and notifying critical persons. The hearing will serve as the time and place for the judge to grant or deny you guardianship rights. We will help you with what to expect throughout the process.
• File additional follow-up forms after the hearing.

If the courts grant your guardianship request, you will have ongoing duties. This usually includes yearly updates on the ward’s well-being, managing financial oversight, and reporting major changes in your ward’s necessary care. No one can really prepare for the demands of a guardianship.  

If you personally believe a proposed guardian will not be able to maintain these goals, we urge you to identify your legal options. Our legal team can help you with that!  We can help you understand guardianship laws in Texas, your rights, and how to proceed with filing for guardianship for adults. We can also help you prepare for the next steps once a decision has been made.  If you are prepared to move forward with an adult guardianship, contact a member of our team today: (281) 771-0560.

Are you ready to hire an Adult Guardianship Lawyer? 

If you’re prepared to act in your loved one’s best interests and protect and care for them, our attorneys can set you up for success in the guardianship process. This starts with filing and extends to helping you step into the role with confidence as you assume this incredibly important position.

Legal guardianship is a long-term commitment that should not be entered into lightly. Having the right guardianship attorney by your side can ensure that you understand these obligations before the guardianship proceedings even begin. We approach each of our clients’ legal needs with their individual circumstances in mind.

The Hatchett Law Firm will help you understand your legal responsibilities, inside and out, manage any internal or external conflicts with people or entities involved, and help you litigate any potential guardianship disputes.

If and when you need help planning for situations like this in the future, our estate planners can explain the power and benefits of powers of attorney, advance care directives, living wills, trusts, and more to ensure a seamless transition for you or your family members when the time comes.

We pride ourselves on our compassionate approach, and we focus on providing comfort and peace, both in planning and in navigating tough decisions.

Whatever your scenario related to guardianship, from conflict to confusion to clarity, we’re here for it all, and we help you work through it with finesse. Our well-seasoned attorneys have experience in adult guardianship, probate, and estate planning, so we have all of your bases covered. 

Call to speak with a member of our team so that we may start working through what is needed for your guardianship application or contested guardianship issues: (281) 771-0560.