Establishing Guardianships in Texas
Posted by Haiman Law, PC on Dec 9, 2013 1:47pm PST
In a Texas guardianship, a court-appointed person is given the responsibility to care for another person and / or that person's property. Guardians are appointed to care for either minors or for adults who are unable to care for themselves due to illness or incapacity. These cared-for individuals are called "wards." Thus, two types of guardians exist under Texas law. One cares for the well-being of the person while the other cares for his or her estate. In some cases, the same person may be appointed to both roles.
Both minors, who are less than 18 years old, and incapacitated adults will need someone to provide shelter, food, clothing, and other basic needs. Incapacitated adults may be incapacitated due to a physical condition or a mental illness. These individuals are not able to care for themselves or for their financial affairs. In Texas, specific procedures exist for proving that someone needs a guardian and for getting one appointed by the court. Unless the person is a minor, compelling medical evidence must be presented that the person is mentally incompetent to care for themselves or their property. In cases where a guardian is appointed to care for a person's estate, he or she is held to the highest standards of fiduciary duty. In cases where a guardian is appointed to care for the person of a minor or adult, he or she will provide food, shelter, clothing, and medical care as well as control and protect the ward. Texas law provides rules and procedures which are designed to ensure that the rights and interests of the ward are safeguarded through proper guardianship actions.
Estate Planning and Guardianship Attorney in El Paso, Texas
Establishing a guardianship involves proper legal action as does estate planning which will protect your assets and property for the future. You may have questions about both of these issues as well as concerns as to how to go about putting them into place. Working with a competent attorney who knows and understands all of the potential problems and complications that may arise and the solutions which can resolve them is vital. Haiman Law, PC is an estate planning firm serving clients in and around El Paso with competent and caring legal service in the field of estate planning, guardianships, probate, powers of attorney, and more.
The firm has focused its practice in this field of law, which means that the legal team has extensive knowledge and experience which can be highly advantageous. With more than 15 years of experience, this is a firm that provides answers to the specifics of your situation. An estate plan can be devised that will meet your needs and desires. Guardianships, living wills, trusts, and other legal tools can be incorporated into your estate plan so that every facet and potentiality is covered. To learn more about the firm and what is involved in resolving your legal issue, contact the firm for a free case consultation as soon as possible.