281-771-0560Adult Guardianship Attorneys in Pearland, TX
Protecting Your Vulnerable Family Members in Texas
There are many reasons an adult guardianship may become necessary. Caring for an incapacitated person who is unable to care for themselves, an elderly parent whose mental and physical health is declining, or a family member with special needs may see you going through the guardianship process.
Adult guardianship is a legal process where an individual petitions the court to assign them or another person as the guardian of another person, assuming control of their personal decisions, medical decisions, and financial affairs.
This complicated legal process can be frustrating, even more so when you disagree with a proposed guardian. Disputes can prolong the process, becoming costly and stressful.
Speak with a guardianship lawyer with The Hatchett Law Firm today. Your complimentary consultation is the first step toward a legally binding guardianship that benefits the ward’s well-being. Call today: (281) 214-6541.
When is Adult Guardianship Necessary?
When an adult has a hard time caring for themselves, it may be necessary to petition the court for guardianship. There are a few circumstances that may warrant guardianship.
Cognitive Decline
When an elderly loved one is no longer able to manage their affairs due to the effects of dementia or Alzheimer’s disease, they may need the help of a guardian to ensure their well-being.
Mental and Physical Disabilities
Individuals with a disability that makes it impossible to care for themselves may require long-term guardianship.
Temporary Incapacitation
If someone suffers from a serious injury or illness that prevents them from caring for themselves or making decisions related to their care, the court may appoint a temporary guardian to assist them with their medical treatment, financial affairs, and daily care.
Abuse Prevention
When a vulnerable adult is exploited, neglected, or abused, guardianship may be necessary to protect them from nefarious people.
What Types of Guardianships Are There?
There are different types of guardianships, each intended for different circumstances. It is important to find a type of guardianship that works for you and the potential ward.
Guardian of the Estate
This guardianship sees the legal guardian assuming control of their ward’s financial affairs, assets, and property. The guardian will be responsible for their ward’s bank accounts, investments, and debts while the ward maintains a level of personal independence. A guardian of the estate will be required to provide an annual report to the court.
Guardian of the Person
This guardianship involves the guardian taking control of their ward’s personal and healthcare decisions, overseeing their medical care and living arrangements, and meeting their daily needs.
Full Guardianship
The guardian has complete authority over decisions related to their ward’s finances and medical decisions.
Temporary Guardianship
Sometimes, permanent or long-term guardianship is not necessary. A temporary guardianship may be used in emergencies when an incapacitated person needs someone else to assume control of their decisions.
Do You Need a Guardianship Lawyer?
Guardianship proceedings are a complex legal probate process that requires a deep understanding of Texas laws and procedures.
To prove the need for a guardianship, you or a family member must apply for guardianship in the proper Texas probate court. The court will require a medical examination to evaluate the individual’s capacity. The court must find that there were no other alternatives to avoid the guardianship. The ward will also appoint an attorney to represent the ward in the proceeding.
You will be subject to at least one court hearing, during which you must present medical evidence and testimony to prove that guardianship is necessary. If the court determines that the individual needs a legal guardian, it will approve the application and grant guardianship rights to the appointed guardian.
There isn’t a single easy step in the guardianship process. Each step is weighty, and red tape is abundant. Our experienced attorneys know how to cut through the red tape to guide you through the process while ensuring your case is solid. We can also help if you are contesting guardianship.
Contact our Pearland office to speak with a member of our team. Speak with a probate attorney to find out your next step toward guardianship: (281) 214-6541