Serving Clients in Rosenberg, TX
At our firm, we specialize in providing expert assistance in the areas of guardianships, conservatorships, and other protective orders. Understanding the sensitivity and complexity of these issues, we are committed to offering compassionate and professional guidance throughout the entire process.
Why Guardianship is Necessary
Guardianship is critical in various situations, such as when parents have a child with a disability or when an adult child needs to manage the affairs of an aging parent who is no longer able to do so. Legally, a child with a disability is considered an adult at the age of eighteen, even if they lack the mental capacity to make their own decisions. Likewise, if an elderly parent has not set up durable medical and financial powers of attorney, an adult child may need to obtain legal authority to handle their parent’s affairs. In these circumstances, guardianship or conservatorship often emerges as the most suitable legal solution.
Obtaining Guardianship in Texas
The process for obtaining guardianship in Texas involves several steps:
- Filing the Petition: An “interested person” concerned about the welfare of the person in need (the ward) files a petition for guardianship.
- Appointment of a Court Visitor: The court appoints a visitor to meet with the proposed ward, explain the legal proceedings, and assess the individual’s perspective on the guardianship.
- Visitor’s Report: The court visitor submits a report with recommendations on the appointment of a guardian.
Court Hearing: A hearing takes place where the court reviews evidence to decide if the individual is an “incapacitated person” and if their needs can be met in less restrictive ways.
Responsibilities of a Guardian
Once appointed, a guardian has several responsibilities:
- Reporting to the Court: Guardians are required to file a report within 60 days of their appointment and annually thereafter, detailing the ward’s health, care plan, and other relevant information.
- Caring for the Ward: This includes making decisions about the ward’s living arrangements, education, medical care, and basic needs.
- Legal and Financial Responsibilities: While guardians are not personally liable for the ward’s financial obligations, they must manage these affairs prudently and transparently.
Guardians are expected to follow Texas law, balancing their responsibilities to encourage the ward’s independence and self-esteem. They may seek compensation for their services from the ward’s estate, subject to court approval for fairness and reasonableness.
Ending Guardianship
Guardianship typically ends upon the ward’s death or can be terminated through a court order at the request of the guardian or the ward. Ending the guardianship requires a court proceeding, after which the guardian is discharged from their responsibilities and liabilities.
Richmond, TX Practice Areas
Rosenberg, TX Practice Areas
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In Rosenberg, TX, The Law Office of Christina Stroyick Brengel provides comprehensive legal services for guardianship, estate planning, wills, and advanced directives. Contact us for support and information in navigating this complex legal area.