[Music] happy Friday Facebook YouTube welcome in disclosure your live radio so long I’m Heather and today I have with me Jennifer today it is mark 15 20 19 and on today’s episode we’re going to discuss few new stories and talk about guardianship so the first will cover a few fun things and some local news stories but basically and we just wanted have had an honor and remind everybody that st. Patrick’s Day is son yeah most people that know and Jennifer that she is a criminal attorney so it
would be a great big weekend so if you basically always tell everybody you know it’s going to be careful and cautious when celebrating st. Patrick’s Day it is on Sunday so basically the color green parades and March 17th which is also known as it feeds the st. Patrick so st. Patrick’s Day is celebrated by millions of people across the globe people wear the color green drink green beverages and decorate their houses and business and shamrocks so in fact the wearing of green is a traditional the tradition
that dates back to a story written about Saint Patrick in 1726 so say if a kid was known to use the Shamrock to illustrate the Holy Trinity and to have worn green clothing so of course and to observe it you can wear green [Music] [Laughter] so today we’re going to kind of jump right in and get into today’s topic which is a guardianship and so the legal issue so the issue is part of what guardianship is if the question is is a really a legal issue the carbon ships oh absolutely it is from incapacitated
adults to either minors and it can be something that can play into an elderly parent who needs help and can’t necessarily make decisions on their own and it needs to take one step further being under power of attorney so types of limbs can’t go wrong with who’s the best one or the parent and they fight over roaming and that’s not really in the best interest of the parents sometimes it really does take a court to sit down and say no this is the best person or to appoint someone that’s not
family that could make decisions for this dis person who’s just not able to be more or it’s a minor child in hand you know the parents are not necessarily the best fit but they need someone just be for them and they have a voice there as well yes absolutely a legal issue and a lot of people that they don’t and they don’t understand when it comes to guardianship is essentially minor children excluded because of course parents are supposed to make you feel this is it’s really kids and
unfortunately the parent dies and there’s not you know somebody takes over with you know a relative or something and there are different estate planning documents and things that can inquire from that but when it comes to elderly I always the biggest thing within the guardianship courts is there’s two things guardianship and what people don’t understand is if say that you’re dealing with what your elderly grandparents or your parents and their defiant because they are not taking
their medication and the guardianship courts only oversee guardianship in the event of mental incapacity it’s not in there if an elderly person is able to take medication to kind of get back on track and not being bullied so to speak and these aren’t the kind of cases that we want to react and so a lot of people don’t understand that process of it but so basically as far as how are we as a firm able to help a person that needs to obtain guardianship well that is what you had mentioned the intervention of
they’re declared legally incapacitated before you take it to a port to have them decide that issue it can be even more complicated if award has substantial property or assets to manage and so there’s a lot that can play into it but it may be kind of more time across the fact that you just come to the journey like very handsome and have them handle this case for you there some courts are very particular about the corporation process and what they need and what’s the wire and an attorney
that’s in line with those courts would be better suited to navigate that process for you rather than you just kind of train crashing running by yourself and and you know we do that here we have a whole department dedicated to it and so I think it’s worth the time and money especially for that incapacity it’s all been there worth it they probably are apparent to this link and make sure it’s done properly the first time so that they really are protected in their regarding to the person they’re referring to the state
part of that process is trying to prevent or to pre-plan for these situations to happen and then so with that being said you know organic person basically of course is to make the day-to-day decision and then of course instead of kind of been able to manage that and that alone I know here at Tarrant County stash wardrobe a court you can be a pro se party for ardian a person but when it comes to handling and are going to say it is a big lengthy process like you said and the courts do require that you actually have an
attorney to help facilitate that so [Music] about how long the process so so the temporary guardianship it can be anywhere from three to six months depending on the courts and gathering information if you have to declare that person incapacitated as medical documents as well it can lengthen the process but typically what we see in three to six months of course and in permanent give me three to nine months depending on court proceedings and how long to get one and how long visible so her I would say always ever been a year
since both temporary earnings you have to make a ten and dedicated somebody here it’s going in quickly sooner oh yes and that’s something that when we get in there and you know what happen everybody especially as an attorney they expect you have superpowers and they want you to get in and get out and guardianship is not a quick process and the only thing when temporary that can kind of memories of course if you have some proposal word that’s a harm to himself or endangering her you know hurting themselves in a
course the biggest thing is to get them in somewhere facility you know and I’m getting orders where you can make them where they’re okay but but the process itself its guardianship courts basically we removed rights and that you know as an attorney you know we you have all these to do and stuff but with guardianship it’s removing those rights you know go to the marriage that you know make it sound decision through yourself and so you don’t want to rush you know when it comes to that because
you want to assess that person’s capacity and what they’re able to do versus what they’re not able to do and their process and where is that we’re closed for at of course one of the very issues and they let be a guardian and our executives and our trustees and our power attorneys and your up fraud and theft were just on that but but let alone it picking someone to be your guardian and managing and especially billable is that this type of law and and being in you know legal for as long
as I have the biggest things we’re dealing with adults and they’re used to maintain their financials and usually these are your parents and so they’re used to directly indicted in you so when it comes opposite they’re always going to have you know it’s some black back as I call and but it’s you said it has to be that right person you know or in the person you want to make sure the courts qualify them so so basically do you have any tips for someone that needs to obtain a guardianship basically so I
really think it’s over on the courts now just did I see El Nino – maybe there’s room pushing more on warrants that you have to consider alternative relationships before you a magician in court for guardianship so if there is something else that will fit the situation the court is going to tell you to do that and whereas if you can go before it wasn’t me everything and here’s right none of those work and the only option left at the garbage in this place backwards what you were saying about the rights of the
individual that you’re trying to strip and then the court wants to make sure that it’s the least invasive on someone’s life in some of the races that can be now guardianship speaker than every day and so not to say that it’s not the right fit for your particular situation or your particular family but you do have to make sure that it’s a good thing because your parents or whoever it is is being very protected in the texas court system and having to say you know they’re easier what I want
remove this is our only option and you need to strip their quarter and their rights because that’s kind of where we’re out of the situation and so if you can protect that child’s whole opinion in another way great if you can’t that’s kind of a overdose like it works with amounts like the guardianship process and so I would say get someone that never seen that and be willing to be flexible and imposes no no I want a guardianship yes but sometime the last be flexible and if you’re not that
couldn’t really delay the process out longer and of course assuming they’re not mine sir I’m a big advocate for pre-planning and I know within this department nobody wants to talk about passing nobody wants to talk about the future and funeral arrangements but it’s better because it you know again with court alternatives you know if you don’t do anything then this is the only you know direction that you can do and because like mine that I guess the best example cases is if there
is someone that has dementia or Alzheimer’s and they don’t have a medical power of attorney or power of attorney order wills and they don’t have capacity to be able to sign those documents so there’s not alternatives so the only alternative basically if one person is you know staying at home you know in this incapacitated versus of refusing to get treatment and the cops are being called and you know we’ve had people literally running naked down the street so you know those are the perfect cases
but I always stress you know if you’re a sound mind you know even with you and myself and children I’m Steeve guardianship okay good declaration of guardianship in there talk to your state attorney and you know kind of pre plan for these things and have these documents so the court doesn’t come in and sticking with your hands you’re not so basically that’s all the time we have or glad that you joined this one disclosure live with brandy awesome all please enjoy our weekend don’t forget to subscribe to our youtube
channel leave us any comments or questions we will definitely see you back in two weeks and again remember to be safe and no drinking or driving and there’s so many different lips and everything else on Sunday but be safe and basically I’m Heather Jamison and this is I’m Jennifer Lo and so happy Friday and thank you for watching everybody
This transcript was auto-populated.