Setting Up Guardianships In Texas

A guardianship typically involves two people: a guardian and a ward. The guardian’s job is to make decisions for the ward, keeping their best interests in mind. These could be financial decisions, medical decisions or other personal decisions. The ward is unable to take care of themselves and needs someone to do these important tasks for them. A guardianship could be set up for a minor child whose parents passed away, for example, or for an elderly person who is experiencing cognitive decline.

At the Law Office of Carrie Kemper Allen, PLLC, our team works closely with all of our clients. Attorney Carrie Kemper Allen has been providing high-caliber legal services in Pearland, Texas, for over 15 years now. She gives her clients personalized attention as they consider their legal options and navigate this complex process. It’s very important to get the details right when establishing a guardianship, and our team can help every step of the way.

Types Of Guardianships

There are two types of guardianship in Texas: guardian of the person and guardian of the estate.
The guardianship could be designed so that someone is there to make financial or medical decisions for an elderly individual who needs assistance. It could also be set up so that a guardian decides where a child will go to school, what religion they’ll be part of, what health care they will receive and other such matters. The guardian can help handle a person’s estate and take legal and financial steps on their behalf that they wouldn’t otherwise be allowed to take.

Texas Guardianship: Frequently Asked Questions

Since guardianship involves forming a legal relationship through official court proceedings, it is common to have questions or concerns. The following FAQ section addresses common questions about guardianships in Texas.

How long does guardianship last?

The duration of guardianship in Texas typically depends on the individual circumstances of the ward. It can last until the ward regains the ability to make decisions, passes away or the court determines that guardianship is no longer necessary. Guardianships are subject to periodic review by the court to ensure they remain in the best interest of the ward.

Can I designate a guardian for my children?

Yes, you can designate a guardian for your children in Texas. This can be done through a will or a separate written declaration. It is important to name a guardian who is willing and able to take on the responsibility of caring for your children in the event of your death or incapacity.

How do I know if guardianship or conservatorship is appropriate for my loved one?

Determining which legal arrangement will best serve your vulnerable loved one often involves assessing their abilities. Pay attention to their ability to:

• Engage in personal hygiene and self-care
• Handle daily activities (cooking, cleaning, etc.)
• Manage finances and pay bills
• Make informed medical and other decisions
• Remain aware of time, place and current events
• Communicate effectively and maintain relationships
• Move around spaces safely

If they are unable to provide for their basic needs and manage their financial affairs, your loved one may need the protection of a guardianship or conservatorship. Since both can pose restrictions on your family member, guidance from an attorney is wise.

Are there alternatives to guardianship and conservatorship?

Yes, there are several other tools available in Texas that may prevent the need for guardianship and conservatorship.

• Power of attorney: Allows a person to appoint someone to make decisions on their behalf
• Supported decision-making agreements: Enables the individual to make their own decisions with the support of trusted advisers
• Money management programs: Helps the person manage their finances with assistance from professionals
• Assisted living placement: Provides a supportive living environment for those who need help with daily activities

These alternatives can be less restrictive, allowing individuals to retain a measure of autonomy and independence while still receiving critical support.

Guardianship Requirements And Legal Steps In Texas

If you’re interested in setting up a guardianship in Texas, there are some specific steps you’ll need to take. The first step is often to file the guardianship application with the local court. After receiving the application, the court will set up a hearing where a judge will consider the case. The judge has the discretion to determine if guardianship is necessary. If the court does think it is necessary and a guardian is appointed, a court order will be handed down.

It’s very important to know exactly what steps to take while going through this legal process. If you need experienced guidance from a lawyer, contact us online or dial 713-804-5889 today to set up a consultation.