281-771-0560Minor Guardianship Attorneys in Pearland, TX
Do You Have a Plan in Place for Your Children?
While creating your estate plan, did you consider what would happen to your minor children should you become incapacitated or pass away before they are 18? This is often covered in your will, but do you have a comprehensive plan laid out for their financial and physical care?
There are many reasons why guardianship may become necessary. This legal process requires you to outline the care you wish for your child and choose a legal guardian who will be able to care for them when you are unable to.
The Hatchett Law Firm can help you better understand the guardianship process and the legal options available to you to protect your family. Contact us today to speak with a member of our team and an experienced guardianship attorney: (281) 214-6541
What is a Minor Guardianship?
In simple terms, a guardianship for a minor is a legal arrangement where a court will appoint an adult (guardian) to care for a child (ward) when their parents are unable to do so, either because of incapacity, death, or other circumstances like incarceration.
When is Guardianship Necessary?
The most common reason for the need for a guardianship of a minor is the death of both parents. However, other reasons may include incapacity, abandonment, or the need for temporary guardianship, such as military deployment, hospitalization, or until alternative arrangements can be made.
What Responsibilities Does a Guardian of a Child Have?
The guardian must care for the best interests of the child and their needs. This includes providing food, shelter, and education for the child. The guardian will have the authority to make financial, educational, medical, and personal decisions for their ward.
What is the Guardianship Process?
Guardianships must be court-ordered and begin with the filing of an Application to state the reasons for the need of the guardianship. The court will examine the situation and make a ruling in the child’s best interests.
If a parent dies or becomes an incapacitated adult and the child doesn’t have a surviving parent, then the court will assign a guardian. If the decedent had a will that addressed the issue of guardianship, the probate judge will assess the situation and ensure the proposed guardian can meet the child’s basic needs.
Furthermore, the decedent may have created a trust and funded it with assets to assist with the raising of their children should they no longer be able to support them.
If the decedent dies without a will, establishing guardianship can become more complicated if family members disagree on what is best for the child.
Do You Need a Guardianship Attorney?
Whether you are writing your will and don’t know how to go about selecting a guardian in the event of an emergency, or if you want to petition the court for guardianship of a loved one’s child, you will need the help of an experienced lawyer who is well-versed in Texas law.
Contact The Hatchett Law Firm for help. Together, we will determine the best approach to your guardianship needs. Call (281) 214-6541 to find out how we can assist you!