Care for your loved one by designating a guardian.
A legal guardianship can designate you as the caretaker of an estate or loved one who is unable to make decisions, handle money responsibly, or care for themselves in basic ways. If you have an elderly parent or a relative with special needs who falls into this category, you may want to consider seeking a guardianship to assist them with necessary decision-making.
The best option for a guardian is someone who:
- is close to your loved one
- is familiar with handling finances
- can afford the time necessary to manage their affairs
Some of the situations that might merit guardianship include:
- Elderly family member incapacitated by dementia
- Any family member incapacitated by a brain injury or medical condition that affects mental function
- An individual with special needs that prevent them from being able to make decisions for themself, despite being legally old enough to do so
- An individual that doesn’t have legal documents to cover decisions about their personal and financial matters
Alternatives to Guardianship
Because legal guardianships take away a lot of rights, courts sometimes prefer to explore other alternatives, such as:
- Medical powers of attorney
- Statutory durable powers of attorney
- Execution of declaration for mental health treatment
- Appointment of a rep to pay public benefits
- Establishment of a joint bank account
- Creation of a management or special needs trust (may be used if a large sum of money is involved)
- Designation of guardian before the need arises
- Establishing other forms of decision making based on the person
Our estate planning attorneys can go over all of your options with you, so you can determine the best course of action for the situation.
How to Seek Legal Guardianship in Texas
If you decide that legal guardianship is truly the best option for care, even after considering these options, beginning the legal process can be complex. Although the process can be quite lengthy, it is well worth the effort in order to keep your loved one protected. In Texas, the process to appoint a guardian includes:
- Filling an application with a court
- Serving a summons to the ward and their relatives
- Having a hearing before a judge
- Having a judge appoint a guardian, if one is needed
- Filling out finalization forms
After going through this process, the guardianship then becomes permanent. However, if your ward’s situation changes significantly, a judge can decide if a guardian no longer is needed.
A legal guardianship will ultimately give you the ability to make the best possible decisions for someone under your care, even after your passing. Details and rules regarding a guardianship can be outlined in a will prepared by your attorney.
If you think a guardianship is a suitable option for your situation, Lovelace Law, P.C. can provide a consultation with an attorney and guardianship services if you choose to begin the process.
Seeking Legal Guardianship? Our Attorneys Can Help
At Lovelace Law, P.C., we are willing to discuss all options of care for your loved one and determine the best course of action. Jennifer Lovelace is certified by the State Bar of Texas to file an application on behalf of a prospective guardian — something that not just any attorney can do.
Trusted legal support.
Contact Lovelace Law, P.C. today with any questions you may have about guardianships. Your initial consultation with our attorneys is free of charge. Call us at 817-953-9656.