What is Guardianship Law in Texas?

In Texas, guardianship law involves the legal process of appointing an individual or entity to make decisions on behalf of someone who is incapacitated or unable to manage their own affairs. Guardianship is designed to protect the personal and financial well-being of individuals who cannot care for themselves, including minors and adults with disabilities. The process ensures that a responsible guardian is appointed to handle the incapacitated person’s health, safety, and financial matters in their best interest.

Key Aspects of Texas Guardianship Law:

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Appointment of Guardians: The court appoints a guardian for a minor or an incapacitated adult after a legal evaluation determines the need for guardianship. This guardian is responsible for making decisions about the individual's personal and financial matters.

Types of Guardianships:
Guardianship of the Person: The guardian makes decisions about the individual's personal care, including health care, living arrangements, and daily needs.
Guardianship of the Estate: The guardian manages the individual’s financial affairs, including handling assets, paying bills, and managing investments.
Court Supervision: Guardianships are subject to court oversight to ensure that the guardian is fulfilling their duties responsibly and in the best interest of the ward. This includes regular reporting and accounting to the court.
Termination of Guardianship: Guardianship can be terminated when the individual regains capacity, turns 18 (in the case of minors), or if the guardianship is no longer necessary.
Dispute Resolution: If disputes arise regarding the appointment or actions of a guardian, the court intervenes to resolve these issues and ensure that the ward’s best interests are protected

Services We Offer at Haley & Jones:

Guardianship Petition and Application: We assist clients in filing petitions for guardianship, including preparing necessary documentation, representing clients in court, and ensuring all legal requirements are met.
Evaluation and Appointment: We guide clients through the legal evaluation process to determine the need for guardianship and work to secure the appointment of a suitable guardian.
Guardianship Administration: Our team helps guardians manage their responsibilities, including handling the ward’s personal care and financial matters, ensuring compliance with legal obligations, and maintaining proper records.
Court Reporting and Compliance: We assist guardians with preparing and submitting required reports and accountings to the court, ensuring transparency and adherence to legal standards.
Dispute Resolution: We represent clients in resolving disputes related to guardianship, whether it involves challenging the appointment of a guardian or addressing issues with the guardian’s actions.
Termination of Guardianship: We provide guidance on terminating guardianship when appropriate, including filing petitions and representing clients in court to end the guardianship.

At Haley & Jones, we are dedicated to providing expert guidance and compassionate support throughout the guardianship process, ensuring that the needs of incapacitated individuals are met and their best interests are safeguarded.