Guardianships
San Angelo Family Lawyers – (325) 653-6721
Many people in Texas will encounter a person with a disability that makes it difficult or impossible for that individual to manage his/her personal and/or financial affairs. Common examples are young children, adults with special needs, or adults suffering from mental or physical decline. In order to help these individuals continue to enjoy a safe and comfortable life, it may be necessary to establish a guardianship to provide for that person’s needs.
Smith Rose Finley determine whether a guardianship is appropriate, establishing necessary guardianships and helping the guardian manage the guardianship. Our team is comprised of competent attorneys who are familiar with different areas of law, making our firm uniquely situated to handle almost all matters which can affect a guardianship.
Three Key Considerations for Guardianship Cases in Texas
According to the Office of the Texas Governor, there are three considerations a court will weigh when choosing or approving guardianship over a dependent individual. The same concepts are used whether you apply for guardianship voluntarily, or if you are naming a guardian.
Three questions to ask when assigning guardianship are:
- How incapacitated or dependent is the ward?
The ward is the legal term for the person who requires the support or supervision of the guardian. The court will first see if the need for guardianship is even necessary based on the dependence or mental or physical incapacitation of the ward. - Is the guardianship therefore necessary?
Guardians appointed pursuant to guardianship proceedings in the State of Texas can be appointed as a guardian of the person or the estate or both, depending on the needs of the ward. There are instances when only one type of guardianship is necessary. - Is the guardian the best match for the ward?
If the court sees guardianship as necessary based on the needs of the ward, then it will try to determine if the proposed guardian is actually the best candidate for the responsibility. The person history of the ward, the guardian, and how they have interacted will be closely examined.
Guardianships Established for Your Own Care
It is important to realize that guardianships in Texas can be created in your own name. That is to say, you may use your estate plan to assign a guardianship for your care after you become incapacitated. As not everyone has adult dependents or young children, guardianships established for this reason are quite common. You should only choose a ward you trust to manage your business, estate, healthcare, finances, and other important matters in the event you become incapacitated.
Comprehensive Legal Service for All Guardianship Cases
No matter what your situation is and whether the facts show that a guardianship is warranted, you can count on our San Angelo guardianship attorneys and estate planning attorneys to consult with you and determine the best course of action. We pride ourselves on our ability to simplify complex legal topics to benefit our clients and better seek the resolutions they desire. To get 65+ years of collective legal experience by your side, call 325-653-6721 to schedule an appointment with our firm.