512.887.1996 512.887.1996

Board-Certified Georgetown, Texas Family Law Attorney Helps Clients Seek Guardianship

Comprehensive legal support for families

Kevin Henderson Attorney at Law provides quality legal service for residents of Williamson County, Round Rock, Austin, Temple and Bastrop. My professional staff and I guide you through the guardianship process and deliver reliable results. My goal is to get the best possible outcome for you quickly and efficiently. I use negotiation techniques to avoid a trial when one is not necessary, but I am not afraid to take cases to court when needed.

Explaining the guardianship process

A guardianship is where the court orders a nonparent to take care of an incapacitated person, whether the person is a minor or an adult. In Texas, guardianship is governed by the Texas Guardianship Code.

Guardianship removes certain rights and privileges from an incapacitated person, who is referred to in legal terms as the ward. The guardianship statute defines an incapacitated adult as a person who, because of physical or mental condition, is substantially unable to:

  • Provide food, clothing or shelter for himself or herself
  • Care for his or her own physical health
  • Manage his or her own financial affairs

Minors are considered incapacitated by law. They are unable to care for themselves due to being underage. A guardianship can be for the minor’s person or estate.

If you are appointed guardian of a minor, you must serve as guardian until you are legally released by the court from your duties, or until the minor reaches age 18. A skilled family lawyer can fully explain the guardianship process as it relates to your specific situation.

Guardianship in divorce

Guardianship and custody are often confused. Child custody is granted to one or both parents of the child. In contrast, a legal guardian is not necessarily a child’s parent. Often, but not always, guardians are close relatives of the child or parent.

There are times when a guardianship is absolutely necessary and nothing else will do. In other cases, there may be alternatives that are easier and far less expensive. Trying to sort through the alternatives and accomplish the client’s goals requires experience.

Grandparents and guardianship

Being the guardian of a grandchild is a big responsibility and should not be undertaken without careful consideration. Seeking guardianship of a grandchild may be warranted in cases where the parents’ rights have been terminated or an emergency situation exists, threatening the child’s mental or physical welfare.

Guardianship of adults

To initiate a guardianship proceeding in Texas for an incapacitated adult, a would-be guardian must present evidence to the probate court showing the individual is, in fact, incapacitated. Other interested parties will have an opportunity to be heard, and a guardian ad litem is appointed to represent the best interest of the person who is alleged to be incapacitated. A guardian ad litem is an attorney whose job is to represent the alleged incapacitated person during the course of the probate court proceedings.

Guardianship in estate planning

There are different types of guardianship for different situations. A guardian of the person is appointed by the court to take care of the physical well-being of a ward. A guardian of estate is appointed to care for a ward’s property. Often both a guardian of person and a guardian of estate are appointed.

Guardianships are very closely court controlled and require annual accounts and reports. The rules governing guardians are very strict. For more information on estate planning, contact a qualified guardianship lawyer in Georgetown, TX to discuss your case.

Contact a Georgetown, Texas guardianship attorney

If you have concerns regarding guardianship or guardianship in estate planning, contact a knowledgeable guardianship attorney to discuss your options. My staff and I at Kevin Henderson Attorney at Law are experienced and qualified to answer your questions and handle your guardianship issues. I offer reliable legal services to Williamson County, Round Rock, Austin, Temple and Bastrop. Call today for your consultation. 512.887.1996 or contact me online.

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