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Are you worried about a loved one’s care? What will happen if they have no one to make decisions for them?
That’s exactly what a guardianship is for.
Guardianship is a crucial legal process designed to protect individuals who are unable to care for themselves, such as minors, elderly individuals, or those with disabilities. It involves the legal appointment of a guardian who is responsible for making important decisions regarding the person’s well-being, finances, and healthcare. Often, this process takes place under the supervision of a court to ensure the best interests of the individual in need. Our lead Guardianship Attorney, Megone Trewick, often remarks, “Establishing guardianship is one of the most compassionate ways to protect and care for your loved ones when they need you most.”
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Guardianship and it’s Role: What is a Guardianship Lawyer?
Guardianship is a legal provision whereby someone (the proposed guardian) seeks the authority to make decisions for another person (the ward). The ward could be a minor whose parents are unable to care for them or a special needs child or adult who cannot take care of themselves or make their own decisions. Sometimes, circumstances demand the establishment of temporary guardianship, which our team can efficiently handle.
Our lead Estate Planning Attorney, Megone Trewick, has extensive experience helping clients become property guardians of their loved ones, including guardianship of an adult. To understand more about guardianship, and how we can aid you, reach out to our office to schedule a complimentary consultation at 713-564-7029.
Resources
- Affidavit of Distributees
Download Small Estate-With Judge’s Order of Aproval in PDF Form
- Guardianship Annual Reporting Form
Download Guardianship Annual Reporting Form in PDF Form
- Legal Steps for a Mental Commitment
Our downloadable mental commitment form provides you with the legal steps you need to take for a mental commitment.
- Small Affidavit Instructions-Guidance
Download Small Affidavit Instructions-Guidance in PDF Form
- Guardianship Videos
Empower your guardianship journey. start watching our video guide and discussions.
- Probate Videos
Understand probate processes. Watch our probate video guides and discussions.
- Probate Videos
Understand probate processes. Watch our probate video guides and discussions.
Why choose our team?
Whether it’s obtaining legal guardianship for parents preparing for their absence or for parents of adult children with special needs who require care, we can guide you towards achieving your guardianship objectives. Our team strives to make the process as least intrusive as possible for you and your family, respecting your privacy and emotional needs.
Getting Started in Houston, TX
Embarking on the guardianship journey starts with a free 30-minute consultation with our experienced attorneys. This initial conversation with our skilled family law or estate planning attorneys will set the course for the rest of your legal journey. Our firm is committed to tenaciously representing clients across the Texas court system, with the cornerstone of our success being the trust we establish with our clients while maintaining high-caliber legal services.
To explore our guardianship services today, call our office at (713) 564-7029 or reach out to us online.
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Frequently Asked Questions - Guardianship
There are four types of guardianship in the state of Texas: Guardian of the Person: The appointed guardian is responsible for providing for the basic needs, care and supervision of the ward. This includes, but is not limited to: food, clothing, shelter, insurance, medical treatment, etc…. Guardian of the Estate: The guardian is held responsible for the ward’s property and financial means only.. Guardian of the Person and Estate: The appointed guardian is responsible for taking care of all the ward’s needs. Those all include: physical, emotional, mental, spiritual and financial needs. Temporary/emergency guardianship: Temporary guardianship is assigned to the proposed guardian until a decision is reached by the court. In Texas, only one person can be appointed as the guardian of the person or estate. However, one person can be appointed guardian of the person and another person appointed guardian of the estate if the judge believes it is in the best interest of the incapacitated person or ward.
Depending on the type of guardianship that was established a guardian’s responsibilities include:
- After the guardianship is approved by the judge, the guardian is required to post a bond as well as submit an annual report regarding how the ward is doing.
- Provide for all the ward’s needs (physically, emotionally, mentally, spiritually and financially)
- File annual account details with the estate’s receipts and expenses throughout the year
- Manage the estate assets of their ward
- Filing an inventory of the ward’s assets
- Requesting the court’s permission and approval for some actions taken on behalf of the ward
Depending on the type of guardianship that was established a guardian’s responsibilities include:
- After the guardianship is approved by the judge, the guardian is required to post a bond as well as submit an annual report regarding how the ward is doing.
- Provide for all the ward’s needs (physically, emotionally, mentally, spiritually and financially)
- File annual account details with the estate’s receipts and expenses throughout the year
- Manage the estate assets of their ward
- Filing an inventory of the ward’s assets
- Requesting the court’s permission and approval for some actions taken on behalf of the ward
Some alternate options are, but not limited to:
- Appoint a medical power of attorney
- Appoint a durable power of attorney
- Appoint a representative to manage the public benefits of the proposed ward
- Establish a joint bank account
- Create a management trust
- Create a special needs trust
