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Home > Estate Planning > Guardianship

Houston Guardianship Attorney

If you have an elderly or mentally incapacitated parent or other family member, or if you have a disabled child who will soon reach adulthood, it may be in the best interest of your loved one for you to establish guardianship over their finances or personal care. Guardianship may also be necessary if you have an adult relative who does not appear to be able to properly make decisions on their own behalf. Guardianship requires making important decisions about the finances and health care of a loved one. If you need further assistance, don’t hesitate to contact our law offices for a guardianship attorney.

The process can be complex, and you will need the help of attorneys who not only know the law, but also take the time to get to know their clients to make sure that the process is personally-tailored as well as legally sound. A compassionate and experienced Texas guardianship attorney at the Leigh B. Meineke Law Firm can help you determine whether guardianship is appropriate in the case of your family member and guide you through the process of establishing guardianship.

Types of guardianship

Guardianship generally breaks down into two types: Guardianship of the estate and guardianship of the person. Guardianship of the estate involves appointing an individual to manage the finances and other personal assets of the ward. Guardianship of the person is more comprehensive and involves appointing someone to manage the physical care of a ward, including making decisions regarding medical care.

Guardians are typically appointed by a court after holding a hearing to determine the facts and circumstances of the individual. The court may appoint a single individual to manage both the estate and the person, or the court may appoint separate guardians to carry out each role. Guardians must demonstrate that they are equipped to take on their roles, that they fully understand their rights and responsibilities once appointed, and that they will act only in the best interest of the person for whom they are responsible.

Appointing a guardian in Texas

Appointing a guardian over a ward means establishing that a person will have significant control over the finances, medical care, and other personal decisions of the individual. Because of the significance of the control exercised and the importance of the position, establishing guardianship is necessarily a difficult process. The rules are complex and require a series of careful steps. It is essential that you retain the help of a qualified Texas guardianship attorney if you are seeking guardianship for a parent or other loved one in order to make sure you follow the letter of the law and your guardianship is sound.

Alternatives to guardianship

Guardianship is not the only option available for ensuring that your loved ones are taken care of when they are unable to make their own decisions. You may wish to establish a medical or durable power of attorney, which gives you the power to make decisions on behalf of an individual in certain circumstances without the involvement of a court. Alternatively, you can establish a trust which would give a trustee power to manage the finances of the beneficiary.

Your Attorneys Can Help Establish Your Guardianship

Whether to appoint a guardian over an adult relative is a difficult decision, and it can create additional hardship among family members. If a guardianship may be appropriate for your loved one, seek out the help of seasoned, client-oriented, and knowledgeable guardianship attorneys who will make the process as simple and smooth as possible. With over 20 years of estate planning experience, a Texas guardianship attorney at the Leigh B. Meineke Law Firm can help you through the process and make sure your family is protected.

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