281-771-0560Temporary Guardianship Attorneys in Houston, TX
Ensuring Those Who Depend on You are Cared For
A properly executed Power of Attorney gives a person legal control over another person, such as a child, an elderly parent, or a disabled and vulnerable adult. Powers of Attorney help elderly or seriously ill people when they can no longer care for themselves. Voluntary agreements can work in short-term situations where parents cannot provide basic living and care for their children due to incapacity or death. Statutory Powers of Attorney for Financial Decisions extend to estates, giving a person control over finances, property, and related decisions.
If no valid Power of Attorney exists, or if there are challenges to the effectiveness of the Power of Attorney, you can file for a guardianship of a person, guardianship of the estate, or both guardianship of the person and estate.
There are different types of guardianship depending on the circumstances, including:
- Guardianship of an adult
- Guardianship of a minor
- Temporary guardianship
Our guardianship lawyers can help you strategize the best approach to a guardianship, whether you’re planning for the future or seeking to become 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, 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 team can help you navigate the guardianship process, from start to finish, with relative ease.
Make a no-risk call at (281) 771-0560 for an initial consultation today.
What is the Guardianship of a Person versus Guardianship of an Estate?
A guardianship of a person is where a person is appointed by a court to take over 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. The guardian’s responsibilities include providing care for the physical and emotional needs of the person, including housing, education, healthcare, and overall well-being.
A guardianship of an estate helps preserve and manage the assets of an estate when the owner is no longer able to. A guardian of the estate uses the estate’s resources to provide care, maintenance, education, housing, and support for the person who is now in their care, such as a minor child, special needs person, or elderly adult. A guardian of the estate may be responsible for managing finances, paying bills, and ensuring assets are used appropriately.
Planning for both types of guardianships as part of your estate plan is essential and allows you to protect your family when the unexpected happens. Failing to establish a clear plan for handling your affairs can lead to invasive court involvement and the potential for disputes among your family members. Being proactive and selecting a trusted agent for your personal care and asset management, as well as your minor children, can ensure your loved ones are taken care of according to your wishes.
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 estate planning and guardianship lawyers with The Hatchett Law Firm can be a part of the process to ensure all legal requirements are met. Whether you need assistance with planning or with seeking guardianships for a minor, an adult, or temporarily for an emergency, our experienced attorneys can help ensure your loved ones are protected.
No need to worry another minute. Call today to speak with a member of our team to determine the next steps: (281) 771-0560.
What Are the Prerequisites Needed to Become a Guardian in Texas?
Any proposed guardian in Texas would need to meet specific legal criteria to ensure they are capable of providing the necessary care and support for the individual in need.
If you want to become a guardian for someone you care about, you must be at least 18 years of age and a U.S. citizen or legal resident (green card holder). You will be required to demonstrate that you are of sound mind and free from any criminal convictions by passing a background check. As a potential guardian, you will need to complete background checks, including a review of your financial and criminal history. If you will be managing an estate, you will also need to file a bond.
Part of the guardianship process involves attending a court hearing, where your ability to take on the responsibilities associated with a guardianship will be evaluated. You will need to provide the court with convincing evidence showing your ability to meet the physical, emotional, and financial needs of the person in your care.
Our experienced guardianship attorneys at The Hatchett Law Firm can guide you through the process, ensuring you meet all the legal requirements and help you understand your duties as a guardian.
How Do You Establish a Guardianship in Texas?
The guardianship process in Texas is a legal process that involves several steps to ensure the needs and protection of a vulnerable individual, whether a minor or an adult, will be met by a potential guardian. This process is governed by Texas law and is used to provide clear guidelines when appointing a responsible guardian to care for another person’s personal, financial, and medical needs. During this process, you can expect to follow these steps.
File a Guardianship Application
This is the first step in the guardianship process. File an Application (also known as a petition) with the probate court in the county where the proposed ward resides. The Application for Guardianship outlines the reasons the guardianship is necessary, such as incapacitation, disability, or a minor’s need for care. The application must also identify the proposed guardian and provide essential background information regarding their qualifications.
Appointment of an Attorney Ad Litem
Once the Application is filed, the court will usually appoint an attorney ad litem. This person will be an attorney or neutral third party who will represent the interests of the proposed ward. They are responsible for upholding the rights of the individual in question. The attorney ad litem will investigate the case and report their findings to the court system.
Court Hearings
A judge will review the Application, the attorney ad litem’s report, and any convincing evidence presented during a court hearing. Interested parties, such as family members, may testify, and the proposed guardian will have the chance to explain why they should be appointed.
Incapacitated Adult’s Medical Examination
If the guardianship is for an adult, the proposed ward must undergo a medical evaluation that confirms they are no longer able to make decisions for themselves due to their physical or mental condition. This certification is necessary to prove a claim of incapacity.
Guardianship Order
If the court finds that guardianship is necessary and the best option to protect the ward, it will issue a formal order appointing the guardian. This order outlines the guardian’s responsibilities, which may include managing the ward’s assets, making medical and financial decisions, and providing daily care for the ward. The court may also require the guardian to regularly report to the court and present accounting information to ensure the guardian is fulfilling their duties.
The guardianship process is complex, and you will want an attorney who has experience in the court where your case is pending to guide you through the process and ensure it is handled efficiently and in compliance with Texas law.
Whether you need help establishing guardianship or contesting guardianship, The Hatchett Law Firm can guide you through each step and offer legal support for both guardians and those in need of protection.
What are the Types of Guardianship?
Becoming a guardian and caring for another person or an estate is a major responsibility, one that may feel overwhelming but also incredibly fulfilling. A guardianship requires a substantial commitment, and creating a solid guardianship agreement requires extensive knowledge of this legal process. Guardianship agreements play an important role in estate planning, as they give you the peace of mind of knowing your loved ones will be taken care of when you are unable to provide for them yourself.
As a guardian, you are responsible for many tasks to ensure the person or the estate is well taken care of. You must make decisions that are in 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. Successfully navigating these responsibilities can be challenging, especially when managing the complexities of a person’s estate.
We can help you better understand guardianship agreements, what they entail, and how to file and follow them. Depending on your circumstances, there are different types of guardianship agreements.
Guardianship of an Adult
This type of guardianship is necessary when an adult with special needs or an elderly person is no longer able to make important decisions for themselves regarding their mental and physical well-being. In these cases, a guardian is appointed and assumes responsibility for ensuring the adult receives necessary care, food, shelter, clothing, medical treatment, and assistance with their daily lives. You may find yourself responsible for managing their personal and financial affairs and making healthcare decisions for them.
Guardianship of a minor
The need for a guardian appointed to a minor may arise due to unforeseen circumstances such as a parent’s mental or physical illnesses, incapacitation, or incarceration. In these cases, a legal guardian is appointed to take over care of the child’s basic needs, which can include housing, education, meals, healthcare, and emotional health. The guardian must prioritize the child’s best interests, ensuring they are raised in a stable and supportive environment according to their parents’ wishes. The appointed guardian may also need to make decisions regarding the child’s religious upbringing.
Temporary Guardianship
A temporary guardianship is a short-term arrangement that allows a caregiver to take over responsibility for a minor child when necessary. This can be because of a medical emergency that the child’s parents are facing or any other circumstance where the parents are temporarily unable to provide for the child. This type of guardianship doesn’t always require court approval. Terms can be agreed upon by the child’s parents for a predetermined duration. The temporary guardian would be responsible for caring for the child, ensuring their needs are met, and returning the child to the parents when the predetermined duration expires.
The Hatchett Law Firm can help you with guardianship of an adult, guardianship of a minor, and temporary guardianship needs. Contact us today at (281) 771-0560 to learn more.
What Are You Expected to Provide as a Guardian?
A guardianship can be voluntary, involuntary, permanent, or temporary. Regardless of the type, all guardians are bound by a fiduciary duty, which means they have a legal obligation to put the best interests of the person in their care above their own. Whether you are becoming a guardian for a minor, elderly person, or a special needs adult, it is essential to understand what is expected of you.
Guardians make important decisions every day on behalf of minors, elderly adults, and special needs adults, focusing 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 emotional support
- Supply essentials like food, clothing, and shelter, ensuring a comfortable and safe living environment
- Provide access to medical care and treatment, and authorize medical decisions related to surgery, dental, mental, and physical care
- Provide opportunities for education, personal development, social growth, and learning
- Communicate with family members regularly according to the court’s appointed order
- Communicate with the court and attend hearings as necessary to remain in compliance with the guardianship arrangement
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. These decisions should always be made with respect for the individual’s wishes and well-being.
Adhering to your guardianship duties helps prevent the contest of the guardianship, which is the act of having the guardianship of another person removed if the guardian fails to perform the specified duties and neglects 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 can do all of the heavy lifting for you, including filing the paperwork, attending guardianship hearings, communicating with and notifying family members, and helping you step into the role. We have personally served people from all walks of life with their guardianship cases. Whether you need help getting your own affairs in order, or you want to become the guardian of an incapacitated person, or you are the last surviving parent and you want to make sure your will includes a comprehensive minor guardianship clause, we’ve got you covered. Whatever your guardianship scenario, we’re with you every step of the way.
Call (281) 771-0560 to schedule an initial consultation and visit with a member of our team to start moving forward today.