Guardianship

Guardianship is a legal relationship imposed by the court that appoints a person to care for someone who is incapacitated, and unable to care for themselves. Guardianship can be limited to specific areas of the ward's life, such as financial matters, or it can be more comprehensive, covering all aspects of the ward's care and decision-making.

An incapacitated person is defined as:

• An incapacitated adult who due to mental or physical conditions is unable to care for themselves such as an inability to manage their physical health or financial affairs. Common examples of incapacitated adults include elderly people with age-related diseases such as dementia, or a child with a disability who has turned 18.

• An individual who needs a guardian to receive funds due from any government source.

• Minor children, where a non-parent is granted parental rights.

Guardian and ward are the legal terms used for the relationship between someone who protects another (the guardian) and the person being protected (the ward).

There are also different types of guardianships in Texas:

• Guardian of the estate is responsible for managing the property and financial affairs of the ward. This can be full management, or limited to financial ares of concern for the court.

• Guardian of the person is responsible for providing supervision, care, medical treatment, food, clothing, and shelter for their ward. They may also be required to make medical decisions on their behalf. This can also be full, meaning all decisions for a person, or more limtied to only some decisions for the guardian.

• Guardian of the person and estate: Someone responsible for managing both a person's care and financial affairs.

• Temporary/emergency guardianship: A temporary guardianship could be awarded until the court makes a decision, about who would be the best fit to be the long-term guardian.

Only one person can be appointed as the guardian of the estate or person. However, there can be two guardians appointed if (1) it is the parents of a child, or (2) if it is in the best interests of the ward for one person to be the guardian of the estate, and the other the guardian of the person.

There are alternatives to guardianship that may suit the needs of your loved one. Courts require that all alternatives are considered before imposing a guardianship.

One example is setting someone up as a representative payee, to receive Social Security Disability, or Supplemental Security Income for a person who is not capable of managing their own finances.

Another common example is signing powers of attorney to a trusted person. That could include a medical power of attorney to make health care decisions or financial power of attorney to handle financial matters. Someone may assign powers of attorney in their will preemptively so that if they do become unable to make their own decisions, someone can easily step in without going through a complex guardianship process.

An estate plan created by an attorney can also include trusts which administer an estate, this can save time and money for family members when someone becomes incapacitated or in the event of their death.

Trusts can also serve to protect your vulnerable family members. For example, if you have a disabled child, you can create a special needs trust which will financially support them after your death, without affecting their government benefits.

Step 01: Submit the Questionnaire

To get started, fill out the prospective client questionnaire to briefly get us up to speed on your current situation. This high-level overview is what helps us understand which of our attorneys is best suited for your case.

Step 02: Schedule a Consultation

One of our guardianship attorneys will reach out to coordinate a free or paid consultation, depending on your situation. During this call, you’ll have the opportunity to get any initial questions answered and learn more about what the guardianship process might look like. If you choose to move forward, we’ll send along a contract and request any relevant documentation we might need from you.

Step 03: Meet with Your Lawyer

Next, you’ll meet with your lawyer virtually or at our Austin office to discuss your situation in depth. After working up what your options are in your specific situation, we’ll walk you through the implications and possible outcomes of each option. The ability to make informed decisions creates a greater sense of ease and stability in the midst of a messy or emotionally taxing situation, which is why we want you to feel as well-informed as possible. From there, we’ll strategize how to solve your problem, and your attorney will work with you on next steps.

Guardianship cases can last as short as a few months if uncontested, or as long as a year if contested.