A Tradition Of Excellence In Estate Planning, Wills And Trusts, Estate Administration And Guardianship Law Since 1975.

We Help You Overcome The Challenges Of Guardianship

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 the guardianship process. If guardianship is the path you wish to pursue, the team of lawyers at Doehring & Doehring Attorneys at Law can help discuss your options for establishing a guardianship and what your duties may entail.

For a complimentary consultation regarding these matters, please call us in Houston at 866-456-2361 or complete our contact form.

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. When there are multiple people who want to be the guardian to a ward, it is up to the court to decide which person is the right choice in that situation. The court may decide to move people farther down on the priority list if they feel someone lower on the list is a better candidate.

Ineligibility Standards For Being A Guardian

The court can choose to disqualify a person as a potential guardian under many circumstances such as:

  • The person is a minor
  • The court determines their conduct to be inappropriate
  • The person is incapacitated and unable to serve as a guardian
  • The person has conflicts of interest that would prevent them from protecting the ward’s interests
  • The person does not have the life experience or education that would allow them to effectively manage the ward

These are not the only reasons a person may be disqualified as a guardian. Speak with one of our lawyers if you have questions about potential disqualification in your situation.

Extensive Responsibilities During Guardianship

Guardians of an estate have a fiduciary duty to the ward. They will be held to certain criteria when managing the ward’s property and finances. As a guardian, they must attend to many guardianship matters, including posting a bond to satisfy the court, issuing a notice to creditors, and providing a record of the estate and other assets.

They must also file details regarding any income and payments over the period in question. The ward’s place of residence and physical and mental fitness needs to be accounted for as well. Once the guardianship is over, they have to provide a final account. The process of doing the annual and final accounts is difficult and extremely detailed. Most guardians end up needing help from an attorney to accomplish this task correctly.

Considering A Guardianship? | Contact Doehring & Doehring Attorneys at Law

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 or complete our contact form.