In essence, a guardian is a court-appointed supervisor for an incapacitated person or a minor. Before a Guardian may be appointed, a person must be judicially determined to be incapacitated. There are Guardians of the Person and Guardians of the Estate. The Guardian of the Person makes personal health, living, and medical decisions for the incapacitated person. The Guardian of the Estate makes financial and business decisions for the incapacitated person.
Steps to Becoming a Guardian
There are very specific procedures required by the Texas Estates Code when applying to become a guardian. Once appointed and approved as a Guardian, there are very specific procedures that must be followed and reports that must be prepared and filed in a timely manner. These processes and legal requirements necessitate an experienced attorney to properly initiate the court proceedings and guide the proposed guardian through the complex process both before and after appointment as a Guardian. Sometimes there are less restrictive alternatives to Guardianship, and in many cases these alternatives are preferred by Texas courts. Before initiating the Guardianship process, these alternatives should be discussed with an experienced attorney.
If you or someone you love is incapacitated and in need of a Guardian, call Vance E. Hendrix today. He will answer your questions about the process of becoming a guardian, review the responsibilities that come along with being a guardian, and be by your side every step of the way.