Guardianships of Minors and Adult Incapacitated Persons
Our Frisco and Plano Guardianship Attorneys Protect the Rights of Guardians and Wards
A guardian is appointed by the court to protect another vulnerable person, called a ward. Because of the restrictiveness of the arrangement, the court only appoints a guardian to care for a ward who is a minor or an incapacitated person. Taking on the guardianship role is a challenging task that, in some circumstances, may require a lifetime commitment. However, the rewards of helping someone you love can make guardianship a worthwhile undertaking.
Albin Roach represents guardians in North Texas courts. Our attorneys counsel you on the obligations of guardianship and may suggest alternate choices, when appropriate. We guide you through the judicial system to establish guardianship of a minor child or a loved one who can no longer care for him or herself.
Our firm can also help you choose and name a guardian for your children or adult dependent as part of your estate plan. Establishing a comprehensive guardianship plan can put your mind at ease that your loved ones will be OK if you should unexpectedly die. You can also indicate your preference of who you want (or do not want) to be appointed as your guardian in the event the need arises in the future.
Guardianship of Minors
A child who is under the age of 18 is considered a minor in Texas. The court becomes involved when the child’s parents are no longer able to perform their parental role — because of death, for example. The guardian is often a close family member who has been named in the parent’s last will and testament. If the parents’ died without a will, we can request your appointment by the court.
Who is Considered an Incapacitated Person?
Incapacitated person refers to an adult who is unable to care for her or himself because of a physical or mental condition. The court sets strict standards for incapacity. A person who makes bad or self-destructive decisions, but can otherwise maintain basic food, clothing and shelter would not be considered incapacitated. In this case, the court generally prefers the least restrictive options. The court relies on a doctor’s evaluation when determining incapacity.
Our lawyers explain the criteria for and the process of guardianship appointment in detail. We help you obtain the type of guardianship — of the person or estate — that can protect your loved one from harm.
Guardianship of the person grants you authority to make personal decisions on behalf of the ward. The court order lists the types of decisions you are responsible for making, which may include medical and psychological treatments, medications, place of residence or interactions with family members. You have the duty to make decisions that are in the ward’s best personal interests.
Guardianship of the estate gives you the responsibility over the ward’s financial affairs. This may include paying bills, buying and selling property or otherwise handling property in the ward’s best interests.
Learn More About Guardianship Appointment and Incorporating Guardianship into Your Estate Plan
Albin Roach can help you protect your loved one through guardianship. Call 214-423-5100 to speak with a Plano or Frisco guardianship attorney or contact us online to schedule an appointment.