Guardianship

When an individual is not able to make medical or financial decisions for themselves, the court can appoint someone to “guard” over that person and their estate.

The Graham Law Group can help you establish a legal relationship which allows a guardian (a person chosen to manage the individual or their estate) to care for the ward (a person who needs their person or estate managed).

Elder Adult

Sometimes, as our loved ones age or struggle with multiple handicaps, they become unable to manage their daily affairs. When advanced age, disease, or injury causes an adult to need help managing their affairs, Texas allows individuals to establish guardianship of the person, their estate, or both so that their daily needs can be met and their property properly managed. Ideally, each person should determine for themselves, prior to needing assistance, whom they wish to manage their medical and financial needs by executing Powers of Attorney. When a person does not do this ahead of time, the courts offer a process called Guardianship so that an individual’s needs can still be met through a court appointed relationship.

Disabled Adult

When a family has a disabled adult, guardianship is a very critical part of planning. Once a person reaches the age of 18, if they cannot make their own medical or financial decisions, they need an appointed guardian to do so. A court appointed guardian “stands in the shoes” of the disabled person to ensure that needed care is obtained and finances are protected.

Disabled Minor

A child under 18 is unable to consent to any legal decisions simply because of their age. If a minor inherits property or money, a guardian is often required to consent to property sales or to receive money on the child’s behalf.

What if something goes wrong?

If a decision maker does not uphold their duties, abuses their position of authority, or otherwise harms the estate, they can be removed and replaced. If you receive notice that a guardianship has been initiated and you believe that it is not in your loved one’s interest, a guardianship can also be challenged in a timely manner.

A consultation with an attorney will help determine if a guardianship is right for you and your loved one.