Guardianship Attorneys in Georgetown, TX: Trusted Legal Guidance

Advising Clients On Guardianship Matters For Loved Ones

In Texas, the court holds the authority to appoint a guardian to make critical decisions for an incapacitated person, a minor child, or an estate. A legal guardian is assigned only after the court has determined, through a doctor’s examination and individual facts, that the person is truly incapacitated.

At Rainey & Rainey, PLLC, Attorneys at Law, we understand that these legal procedures can be complex and emotionally demanding. Our commitment is to provide top-notch legal services, ensuring your best interests are represented. If you require legal advice regarding guardianship for a loved one, our experienced Georgetown guardianship lawyers are ready to help you navigate the necessary steps.

Understanding Guardianship in Texas

1. Establishing Guardianship for an Individual

To establish guardianship for a person in Texas, you must present clear and convincing evidence of their incapacity.

• For Minors: Children under the age of 18 are automatically considered incapacitated under the law due to their inability to adequately care for themselves.
• For Adults: Incapacity in an adult typically stems from a physical or mental condition that prevents them from providing for their own needs.

Once incapacity is proven, the court will appoint a guardian. Texas law prioritizes close relatives of the incapacitated individual for this role. If multiple individuals of the same priority level seek guardianship, the court will select the person it deems most qualified.

2. Naming a Guardian for an Estate

In some cases, a separate guardian can be appointed to manage the ward’s estate. While often the same person serves both roles, the guardian of the estate is a fiduciary.

• Fiduciary Duty: The guardian of the estate is legally obligated to act and make decisions solely in the best interests of the estate.
• Bond Requirement: This guardian must post a bond with the court, which serves as an assurance that they will fulfill their fiduciary duties.

Consult with an Experienced Guardianship Attorney Today

Dealing with the legal complexities of guardianship, power of attorney, and other incapacity planning issues can be overwhelming. Our dedicated legal team at Rainey & Rainey has the expertise to help you understand your rights and legal options.

Call (512) 357-7169 to set up your case consultation with Rainey & Rainey, PLLC, Attorneys at Law.