A Houston Guardianship Attorney Can Help You Care For A Vulnerable Person
A legal guardianship is a court-supervised administration for a minor or incapacitated person. The guardian is appointed by the Texas courts to care for the person or property of the minor or incapacitated person, who is referred to as a ward. If someone is appointed for the physical well-being of a ward, that appointed individual is a “guardian of the person.” Someone elected to take care of the ward’s property and finances is called a “guardian of the estate.”
For a complimentary consultation regarding these matters, please call Doehring & Doehring Attorneys at Law in Houston at 866-456-2361 or complete our contact form.
Who Is Considered A Minor Or Incapacitated Person?
Anyone under 18 years old who is unmarried or has not had their disabilities of minority removed by judicial action is a minor. An incapacitated person is anyone with a physical or mental condition that causes them to be substantially unable to provide food, clothing, shelter, care for their physical health, or to manage their own financial affairs.
The Guardianship Process In Texas
Texas law has specific procedures in place to prove the need for guardianship and getting a guardian appointed. At Doehring & Doehring Attorneys at Law, we have the knowledge and experience to assist with guardian applications and the complicated process of seeking guardianship. Most courts will not entertain guardianship applications filed by non-lawyers.
Types Of Guardianships Available In Texas
Texas recognizes several guardianship types. It is crucial to understand their distinctions when determining the most appropriate arrangement for a vulnerable loved one.
- Full versus limited guardianships: A full guardianship grants the guardian broad authority over the ward’s personal and financial decisions. A limited guardianship restricts authority to specific areas, such as medical care or finances, preserving the ward’s autonomy.
- Temporary guardianships: Temporary arrangements are court-appointed for a short duration, typically when immediate decisions must be made and a permanent guardian has not yet been established. They are often used during emergencies or care transitions.
- Emergency guardianships: These are granted when someone faces imminent harm and has no other legal protections in place. Courts may act quickly to appoint a guardian without the usual notice requirements, but these arrangements are time-limited.
- Successor guardianships: When a guardian resigns, becomes incapacitated or passes away, the court may appoint a successor to ensure continuity of care and decision-making. This process helps avoid gaps in protection for vulnerable individuals.
Selecting the right type of guardianship depends on the individual’s condition, available support systems and the urgency of the situation. Legal counsel can help you navigate these options with clarity.
Potential Alternatives To A Guardianship In Texas
Guardianship is a serious legal intervention that removes decision-making rights from an individual. Whenever possible, less restrictive alternatives should be considered first to preserve the ward’s autonomy while still providing support.
- Supported decision-making agreements (SDMAs): SDMAs allow individuals with disabilities to retain legal rights while receiving help from trusted supporters. This model is especially useful for adult children with developmental disabilities who benefit from guidance without losing independence.
- Texas medical power of attorney (MPOA): An MPOA enables a designated agent to make health care decisions if the individual becomes incapacitated. When properly executed, this document can eliminate the need for a guardian of the person.
- Statutory durable power of attorney (SDPOA): This POA authorizes an agent to manage financial affairs, including banking, property and contracts. It is a powerful tool to help prevent the need for a guardian.
- Management trusts/special needs trusts: These trusts offer structured financial oversight without court involvement. They are ideal for those with substantial assets or long-term care needs, particularly when preserving eligibility for public benefits.
Exploring potential alternatives first helps ensure that guardianship is used only when absolutely necessary, protecting the rights and well-being of the ward.
We Can Help With Establishing Guardianship
Guardianships are complicated and expensive, but sometimes they are necessary. Guardianship laws are specifically designed to protect the rights and interests of the ward, and it does so by establishing procedures intended to assure guardian compliance with the rules. There are many challenges to a guardianship you may face – a trusted attorney can help review these issues with you.
The team at Doehring & Doehring Attorneys at Law is always available to answer any questions you may have. To schedule a complimentary initial consultation, contact us by using our easy online form or call our Houston, Texas, office at 866-456-2361.