Legal Help Getting a Guardianship for Someone You Care About
When your family must make the difficult decision to pursue guardianship, working with the right law firm can make an otherwise challenging process easier. At the Law Office of L. Taylor McPherson, in Fort Worth, Texas, we can help you and your family. We’ll guide you through the process to explain your options, achieve your goals and make sure all of the legal requirements are met.
Types of Guardianships in Texas
There are two types of guardianship in Texas, as well as a temporary guardianship under either category:
- Guardianship of the estate may become necessary when a person (which courts call a “ward”) demonstrates an inability to conduct his or her financial affairs due to mental or physical disability. There are many reasons for this, from life-changing illnesses like Alzheimer’s to existing disabilities or traumatic brain injuries. If a person is appointed guardian of the ward, he or she must make certain the ward’s day-to-day obligations are met, as well as oversee investments with care.
- Guardianship of the person is a separate type of guardianship. It’s appropriate when the ward is no longer able to care for his or her health, well-being and safety – prompting the need for assistance with medical and personal care. When a guardian is appointed, he or she must act in the ward’s best interests at all times.
Our law firm represents people throughout the greater Fort Worth area. Clients come to us from places like Keller, Arlington, Mansfield, Hurst, Bedford, North Richland Hills, Saginaw, Haslet, Crowley, Burleson and Weatherford, Texas for help with guardianship of the person or guardianship of the estate. We are also prepared in the event of an objection by next-of-kin, if necessary.
The Guardianship Process in the Greater Fort Worth Area
Guardianships are established by court order. The process begins when, with a lawyer’s help, a family member or another “interested party” files an Application for Petition of Permanent Guardian. Usually, your lawyer will file the petition in the county where the ward lives. Your lawyer will also give the court medical documents that show the court why the proposed ward needs a guardianship. If the proposed ward is suffering from possible mental incapacity due to birth injury, mental illness or substance abuse, your lawyer will submit documentation from a psychologist or psychiatrist, too.
Once the Petition and the other documents are filed, the proposed ward will be served with the information, and a court investigator will be appointed to ensure a guardianship is the “least restrictive manner” to handle the proposed ward’s disabilities. Texas law requires these things.
If the investigator agrees that a guardianship is needed, he or she will make a recommendation to the county probate court accordingly.
As a final step, the court will hold a guardianship hearing. At the hearing, others will have a chance to object to the appointment of a guardian. In the end, the court will grant a guardianship if it finds:
- The person is incapacitated
- A guardian is in the person’s best interests
- Appointing a guardian would best protect the person’s health and property
Get Guardianship Help. Contact Guardianship Lawyer L. Taylor McPherson.
If you’re thinking about guardianship and aren’t sure how to get started, reaching out to a lawyer is a good first step. Contact Tarrant County’s L. Taylor McPherson. To schedule a consultation, call 817-668-3883 or contact us online.