Guardianship Lawyers in Waco Guiding Clients with Guardianship Issues
Guardianship in Texas is getting court-appointed legal responsibility for an incapacitated person, minor, or estate. Guardianship is ordered when individuals cannot protect themselves from abuse or exploitation or simply cannot take care of their personal and financial affairs. The appointed guardian provides care for the individual by taking care of them, making decisions on their behalf, and handling their finances.
At Rainey & Rainey, Attorneys at Law, LP, our extensive history in estate planning and elder law gives us the knowledge and experience required to assist with your guardianship needs. If you are experiencing the need for legal guardianship discussion, worried about an incapacitated adult, or the fiduciary requirements of a dilapidated estate, don’t hesitate! Each of our attorneys is certified to handle guardianship cases and would be happy to visit about your unique situation. Call us at (254) 457-5083 to schedule an initial consultation today.
When is Guardianship Needed in Texas?
There are several reasons an individual may need guardianship.
- Someone becomes unable to make sound decisions about their personal property or communicate their wishes.
- A person becomes susceptible to fraudulent or untrustworthy influence from a malevolent third party and is incapable of preventing further fraudulent activity, usually because of cognitive decline.
- Someone with a significant developmental disability turns the age of majority.
- A young person becomes the recipient of a significant financial gain due to an injury, property damage, or wrongful death claim.
- A child may require a guardian in situations when their parents are no longer available or are unfit to care for them or their assets.
What are the Legal Types of Guardianship in Central Texas?
If a person becomes medically or mentally incapacitated and they did not have an estate plan in place to ensure their affairs are still being handled appropriately, or have a designated person to make decisions on their behalf, then a court may appoint a legal guardian for that person’s medical or financial affairs. Sometimes, a person’s power of attorney agent cannot assist the incapacitated person or is doing a poor job of helping the incapacitated person, resulting in the need for a guardianship proceeding.
A parent may appoint someone as a legal guardian over their children in the event of their death, subject to court approval and appointment. Alternatively, a legal guardian may be appointed responsible if the parents of a minor(s) die without designating a responsible party to raise their children in the event of their passing.
A court may appoint a Guardian of the Estate to manage a minor child’s assets or an incapacitated adult’s assets and financial affairs.
Becoming the Legal Guardian of a Disabled or Incapacitated Adult in Central Texas
As a part of seeking a Guardianship, the court will hold a hearing where evidence is displayed, and the proposed guardian must prove, through medical documentation, that the adult in question is incapacitated and unable to care for and make decisions for themselves. Furthermore, the suggested guardian must then prove they are the right fit for guardianship and are resourceful enough to manage the life of the incapacitated adult in question.
How Can Rainey & Rainey, Attorneys at Law, LP, Help Me With My Guardianship Needs?
At Rainey & Rainey, Attorneys at Law, LP, our compassion for the proper care and treatment of others, along with our more than sixty combined years of experience in elder law and estate planning, provide us with the distinctive skillset to represent those in need of guardianship assistance. Call and schedule your appointment to discuss your unique situation today at (254) 457-5083.