Granbury, TX Guardianship Lawyer

Guardianship Attorney in Hood County Assists Those Seeking to Become a Guardian

A guardianship is a legal relationship in which one person is responsible for making decisions for another. The guardian makes the decisions, while the ward has decisions made on their behalf. The ward may be physically or mentally incapacitated, rendering them unable to provide themselves with shelter, food, and clothing.

A ward may also be unable to manage their financial affairs or physical health issues on their own. Texas statutes detail guardianship requirements in the state and potential alternatives to guardianship. Although some states use the term "guardian" to refer to legal custody of a minor child, this person is known as a "conservator" in Texas. Guardianship can be a complex issue that can benefit significantly from a Granbury guardianship attorney's knowledge and experience.

Understanding Guardianships

Under a guardianship, certain rights are removed from the ward and given to the guardian in a court-monitored situation. There are two types of guardianship: guardian of the estate and guardian of the person. A guardian of the estate is given control over the finances and property of the ward, while a guardian of the person is given control over the personal matters of the ward, including educational, medical, and housing decisions. The same person may serve as guardian of the estate and guardian of the person for the ward, or different people may serve in these roles.

It is important to note that a disability is not the same as an incapacity. A disabled person is not necessarily incapacitated. Many disabled people handle their own financial and personal affairs without assistance. An incapacitated person may be unable to pay their own bills or handle their own day-to-day living tasks, such as buying groceries, cooking meals, taking care of their physical health, or taking medications.

A ward may be able to do some of these things, but not all of them. In this case, the incapacity is partial, and the guardian's control over the ward may be more limited. Guardianship is often a last resort. Depending on the specific situation, a ward may feel they can manage on their own, and they may see guardianship as simply another person attempting to control them. This can cause hard feelings between the guardianship and the ward, as well as among other family members involved in the situation.

What Are Some Alternatives to Guardianship?

Before deciding to file for guardianship, the person seeking guardianship might look at other options to determine whether the same results could be obtained differently. If the person with the incapacitation can generally handle their affairs but cannot manage money very well, the Social Security Administration can send benefits to a representative payee without legal guardianship. The same is true for other public benefits like Medicaid, TANF, and food stamps.

A family member can act as the authorized representative for these benefits to ensure they are being used for the benefit of the receiving person. A power of attorney might be a good alternative to guardianship. A power of attorney provides a person with the legal right to act on behalf of another. A power of attorney will not work in the case of a mentally incapacitated person, because this document can only be created by a person who understands what they are signing. If the only alternative appears to be to seek guardianship, legal advice from a skilled guardianship attorney should always be sought. The ward must also be legally represented by a different attorney.

How Is Guardianship Obtained?

A lawyer will file an application for guardianship after a doctor has evaluated the proposed ward and certified that he or she is incapacitated. The proposed ward must then be served with the guardianship application. Depending on the level of incapacitation, the ward may or may not understand what guardianship entails. This is why the ward must have their own lawyer, known as attorney ad litem, who will represent the ward's interests.

An affidavit must be filed with the court, and it must include contact information for all those involved. The person seeking guardianship must testify in court as to why they believe guardianship is necessary for the well-being of the ward. Once the guardian is appointed by the court, they will be required to sign a sworn statement committing to perform the duties of a legal guardian, and they will usually also be required to post a monetary bond with the court.

Letters of Guardianship are issued to the guardian. These letters expire after 16 months; to continue the guardianship, the guardian must file an annual report and post a new bond every 16 months. A guardian may not use the ward's resources for their own benefit, and if they do, they will be removed as the guardian.

Contact a Granbury, Texas Guardianship Attorney

Becoming a guardian is a big step. You essentially become responsible for another person, either financially, medically, personally, or all three. The ward, or even other relatives of the ward, may resent the guardianship, particularly when another person may have been taking financial advantage of the ward. Since guardianship is a big step, it is important to speak to a highly experienced Granbury guardianship lawyer before you begin the process. Your attorney will be by your side throughout the process to ensure it goes as smoothly as possible. Contact The Law Offices of Rob Christian at 682-936-4003 to schedule a free consultation.