Serving Clients in Richmond, TX
Our firm is dedicated to offering specialized assistance in the complex areas of guardianships, conservatorships, and other protective orders. We recognize the sensitivity and intricacy of these matters and are committed to delivering empathetic and professional guidance throughout your journey.
Why Guardianship is Needed
Guardianship is often essential in various situations, such as when parents have a child with a disability or when an adult child discovers their aging parent unable to manage their personal affairs. At eighteen, a child with a disability is legally an adult, regardless of their mental capacity for making independent decisions. Similarly, if an elderly parent hasn’t arranged for durable medical and financial powers of attorney, an adult child may require legal authority to manage their parent’s affairs. In these instances, guardianship or conservatorship might be the most fitting solution.
The Process of Obtaining Guardianship in Texas
The guardianship process in Texas typically includes:
- Filing the Petition: An interested individual concerned about the well-being of the person in need (referred to as the ward) files a petition for guardianship.
- Appointment of a Court Visitor: The court designates a visitor to meet with the proposed ward, clarify the legal proceedings, and gauge the individual’s opinions on the guardianship.
- Visitor’s Report: This report, compiled by the court visitor, contains recommendations about appointing a guardian.
Court Hearing: The court organizes a hearing to evaluate evidence, determining if the individual is an “incapacitated person” and if their needs can’t be addressed in less restrictive ways.
Responsibilities of a Guardian
Once appointed, guardians have various responsibilities:
- Reporting to the Court: Within 60 days of appointment, and annually thereafter, guardians must report on the ward’s health, care plan, and other pertinent details.
- Caring for the Ward: This includes decisions about living arrangements, education, medical care, and basic needs.
- Legal and Financial Responsibilities: Guardians, while not personally liable for the ward’s finances, must act responsibly and transparently in all dealings.
Guardians must comply with Texas law, balancing their authority while fostering the ward’s independence and self-esteem. They can seek compensation for their services from the ward’s funds, subject to court approval.
Ending Guardianship
Guardianship typically concludes with the ward’s death or can be terminated via a court order at the request of either the guardian or the ward. A legal proceeding is necessary to end the guardianship, after which the guardian is released from their duties and liabilities.
Richmond, TX Practice Areas
Rosenberg, TX Practice Areas
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If you’re in Richmond, TX and need help with guardianship, estate planning, wills or advanced directives, contact The Law Office of Christina Stroyick Brengel. We offer guidance and representation throughout the guardianship process, as well as other related legal services.