The Challenges Of Guardianship In Texas | We Can Help

Establishing a guardianship is often expensive — the costs of administering a guardianship of the estate could even exceed the annual income of the estate altogether. For this reason, it is usually a good idea to see if there are any alternatives to a guardianship before starting down the guardianship path. If guardianship is the path you wish to pursue, the team of lawyers at Doehring & Doehring can help discuss your options for establishing a guardianship and what your duties may entail.

Rules For Being A Guardian For Your Loved One

Due to the challenges of guardianship, there are Texas laws in place to provide a method for choosing a guardian once the need for one is recognized. If more than one person seeks to be the guardian, the courts will simply select the one best qualified to serve. When the courts consider their guardian preference, the court has the authority to skip over anyone the courts find to be ineligible.

Ineligibility Standards For Being A Guardian

You can be disqualified and ineligible to be appointed as a guardian for various reasons. If you are a minor, the court determines your conduct to be inappropriate, or you are an incapacitated person, the courts will deny your application. They will also reject you if there are specific conflicts of interest with the ward — as well as any inexperience, lack of education or any indicator that you are incapable of prudently and adequately managing and controlling the ward or the ward's estate.

Extensive Responsibilities During Guardianship

Any guardian of someone's estate is also considered a fiduciary representative. This means you will be held to specific standards in caring for the property of the minor or incapacitated adult. As a guardian, you will be required to complete various duties of guardianship, including legal processes and detailed tasks such as posting a bond, publishing a notice to creditors and taking and filing an inventory of the ward's full assets.

You will also be required to file details about the receipts and disbursements during the year. This is a checkbook-type of accounting. The guardian must also submit reports on the condition and location of the ward. When the guardianship terminates, the guardian must register a final account. The annual and final statements are complicated enough that a lawyer's assistance is needed.

Considering A Guardianship? | Contact Doehring & Doehring

Alternatives to guardianships include options like powers of attorney and prior designations of a guardian before the need arises. These procedures are complicated and require the assistance of an attorney. To schedule a complimentary initial consultation to discuss guardianship or other options, call our Houston office at 866-456-2361. Texas clients may also contact us via online form.