Courts in the state of Texas have the authority to appoint a guardian to make important decisions for an incapacitated person, a minor child, or an estate. A court must determine if an individual needs to have a legal guardian assigned to represent them. The court requires a doctor’s examination of the individual and individual facts that support the claim that the individual is incapacitated.
At Rainey & Rainey, Attorneys at Law, LP, we know firsthand how complex and time consuming these legal procedures can be, which is why we are committed to providing top-notch legal services to help our clients make sure their best interests are represented. If you need legal advice regarding a guardianship for a person in your life, then please reach out to our experienced lawyers to discuss what measures you need to take to pursue a guardianship.
Establishing Guardianship for a Person
In order to name a guardian for a person in the state of Texas, you must have clear and convincing evidence that proves the person in need of a guardian is incapacitated. Under the law, minor children under the age of 18 are automatically considered incapacitated because they lack the ability to adequately care and provide for themselves. Incapacity in an adult generally involves a physical or mental condition that renders a person unable to care for themselves.
If you successfully prove the person is incapacitated, then the court will appoint a guardian. Texas law determines whom is usually appointed as the guardian and assigns priority based on the incapacitated individual’s closest relatives. If more than one person of the same priority wants to be named guardian, the court will appoint the person it believes is more qualified.
Naming a Guardian for an Estate
In certain situations, two different guardians can be appointed for an individual, one for the ward and one for the ward’s estate. Usually, just one person will act as guardian for both the ward and their estate. The guardian of the estate is considered a fiduciary, which means they are legally obligated to act and make decisions in the best interests of the estate. The guardian of the estate also must post a bond with the court. This assures the court that the guardian will uphold their fiduciary duties.
Speak to a Guardianship Attorney at Our Firm
Our dedicated legal teams know that dealing with the legal complexities of guardianship, power of attorney, and other incapacity planning issues can be overwhelming if you aren’t familiar with the law. Consult with us today if you need help understanding all of your rights and options under the law.
Call (254) 826-8151 to set up your case consultation with Rainey & Rainey, Attorneys at Law, LP.