Guardianship Lawyers Dallas, TX
Guardianship Lawyers Dallas, TXA legal Guardian is someone with the legal authority to care and make decisions for a minor child or incapacitated adult. Become a legal guardian over someone else involves filling out a number of forms and going through one or more court proceedings to be sworn in as the Guardian. It is extremely important that you take all of the proper steps to become a legal guardian in order to ensure that you have the legal authority to make a important decisions for the person in your care. This a difficult and lengthy process whereas you would need to retain an Attorney to assist you with the legal process.
Why would someone need a guardianship?
Deciding whether to become someone’s legal guardian is a decision that you must determine is right for you and your situation. Guardians are court-supervised caretakers for minors and incapacitated persons. Guardians are responsible for the well-being of their wards (the person for whom they are the guardian), and may also be responsible for handling the person’s assets and finances. The guardian must periodically report to the court on the ward’s status. Make sure that you are prepared to accept the responsibility of acting as a legal guardian for someone by consulting with an Attorney to gain the knowledge of everything that is required in becoming someone’s guardian.
What requirements do you have to have in order to become a Guardian?
You then have to determine if you are eligible to become a Guardian. To become a guardian, you must demonstrate to the court that you are capable of accepting the responsibility of a guardianship. You do not need to be a relative of the proposed ward to become a Guardian however some of the basic requirements that will make you ineligible are as follows:
- Have a history of bad conduct, like a criminal record for violence or dishonesty;
- Have conflicts of interest with the ward, such as owing an outstanding debt to the ward or standing to benefit from taking advantage of the ward;
- Are inexperienced with providing care or managing property and resources;
- Lack sufficient education to provide care or manage property and resources; or
- Are a minor or incapacitated person yourself.
- If two or more eligible people both wish to become the guardian, the court will have to choose one over the other. In Texas, if more than one person seeks a guardianship, the court will consider whether the proposed ward designated someone to serve as guardian prior to his or her incapacity. The Court will then give priority in to proposed guardians in the following order: anyone designated by the last surviving parent of the ward, the ward’s spouse, the ward’s next of kin, and non-relatives.
What is the difference between Guardian of Person and Guardian of Estate?
Some clarification between guardianship of the person versus guardianship of the estate is something that majority of people do not understand either. Your state may require you to submit different forms depending on whether you wish to become the guardian of the person or the estate, or both. Guardianship of the person means that you are responsible for the well-being of the ward, from personal care and maintenance to medical decisions. If the ward is a child then you will be responsible for their living conditions, schooling, medical needs, and any harm the ward causes. Guardianship of the estate means that you are tasked with managing, investing, protecting, and disposing of the ward’s assets and property in accordance with the law and the ward’s best interests.
Why is an attorney needed?
The process of having someone declared legally incapacitated can be a challenging process. The process can be further complicated if the ward has substantial property or assets to manage. It may be more time and cost-effective to have an attorney handle your case. Some courts with particularly complicated guardianship processes may not hear guardianship applications filed by non-lawyers or pro se parties. At the Brandy Austin Law Firm we are proficient in handling Guardianship matters and even contested Guardianship matters.
What is a temporary guardianship for adults?
Brandy Austin Law Firm provides the guidance necessary for individuals who can benefit from the legal services of our guardianship lawyers in Dallas, TX. If you wish to seek temporary guardianship of an adult, contact our office. We offer a confidential and no-charge consultation with our guardianship lawyers in Dallas, TX. You can get answers to the questions you have, and learn about your legal options when it comes to guardianship legalities.
When is it appropriate to seek guardianship of an adult?
If someone you care about is unable to make responsible decisions about their finances or personal care, medical care, living arrangement, or is incompetent due to having special needs or a recent injury, arranging for a guardianship on their behalf may be prudent. To this end, in order to become the guardian of the individual or “ward”, you will need to hire a guardianship lawyer to fulfill all of the legal requirements. This includes submitting the petition to the court as well as generating all of the necessary documentation.
When is a temporary guardianship appropriate?
As opposed to a permanent arrangement, your Dallas, TX guardianship lawyer may advise that a temporary guardianship is a better solution for your circumstances. In some areas of the country, the Court requires that a temporary guardian can only be appointed in instances whereby the ward is at serious risk of death or harm if left on their own. Your guardianship lawyer in Dallas, TX can inform you if you have legal grounds for seeking a temporary guardianship. These are the most common reasons for seeking this arrangement:
- An emergency situation. If the ward or individual at risk is in immediate danger of some kind, there may be just cause for granting a temporary guardianship. For instance, if someone has been severely injured in an accident and is unable to make medical decisions for themselves, someone in their life such as a life partner or sibling may need to seek temporary guardianship. In this context, it is sometimes referred to as an emergency guardianship.
- Incapacitation. If the ward or individual is at risk because they have become incapacitated and as a result are no longer able to make capable legal decisions on their own, there may be just cause for granting a temporary guardianship.
- Substitution. If the ward or individual already has a guardian, but the guardian cannot perform their guardian duties for a temporary period of time, there may be just cause for granting a temporary guardianship to someone else. For example, the original guardian may need to take an extended break and will be unavailable for a period of time when important decisions may need to be made.
Brandy Austin Law Firm: We Offer Guardianship Legal Services
To find out more about guardianships and if a temporary or permanent arrangement is an appropriate solution for your circumstances, contact us without delay. Our guardianship lawyers in Dallas, TX can meet with you briefly at no charge to discuss how we might be able to provide the guidance you need.
Guardianship in Texas
It can be very hard to watch someone you care about struggle to be able to care for themselves. Naturally, you may want to protect them from harm and put into place the necessary legal documents to ensure you can help them as best as possible. If you are in a similar situation and are trying to help someone who is no longer able to help themselves, you should understand that Texas does have laws for guardianships.
Guardianship is a legal tool that protects an incapacitated person or a minor child. When the court grants guardianship to a guardian, he or she will have the responsibility to fulfill certain duties. Depending on the circumstances of the guardianship, the guardian may have a duty to do many things in relating to their estate, health, or other factors in their life.
As guardianship lawyers Dallas, TX has to offer, the Brandy Austin Law Firm, PLLC provides honest, comprehensive advice to those interested in Texas guardianship. When we file a guardianship application on behalf of our clients, you can feel confident in knowing we take the necessary actions to ensure the interests of the vulnerable adult or minor child are protected.
Who Can Benefit from Guardianships
– A minor child whose parents are not raising them or taking care of them
– Anyone who is incapacitated because of a serious health problem
– A person who may have advanced substance dependency
– A person who has a mental illness
– A person who has a chronic medical condition related to memory loss
No two guardianship cases are the same. Depending on the circumstances of your situation, we will help you to understand your options and explore your legal rights. Whether you are seeking to have guardianship put into place or are contesting a guardianship application, our guardianship lawyers in Dallas, TX can help.
When you come to our firm or talk with us over the phone, we will listen to your needs and goals. We can answer your questions, address your concerns, and provide you with the legal guidance you are searching for. Working together, we will help you understand your rights under Texas law so you can protect yourself and also the person you care about.
Schedule a Consultation with a Dallas, Texas Guardianship Lawyer
Guardianship can be a complicated process, especially if there is any dispute involved or mitigating circumstances. In general, before you begin this process, you should talk with the guardianship lawyers Dallas, TX. The Brandy Austin Law Firm, PLLC is ready to speak with you. If you need guardianship lawyers Dallas TX to assess your case, then call us now.
