A guardianship is established when minors inherit money, property, some type of estate, or insurance proceeds. The process involves petitioning the Courts to ask that an individual be appointed guardian of the minor. This is also necessary when an adult is no longer able to take care of their financial and business affairs.
Other instances where a guardian might be needed are situations where a disabled child becomes an adult and needs someone who can legally help them with day-to-day matters. Lastly, a Guardian may be appointed when an adult becomes disabled and can no handle their business affairs. A minor child without having parents or an individual that has been incapacitated will need someone to fill the role of helping this person make simple and complex decisions.
An attorney is normally appointed to represent the ward (the minor or incapacitated child), and their job is to conduct a thorough review of all the pertinent information to ensure that a guardianship is necessary. The attorney works closely with a probate court investigator to decide all the important facts of the case and then move forward to establish the guardianship in the least restrictive manner. For instance, if an elderly person can make their own healthcare decisions, then they will be allowed to do so. If they are having problems handling their finances, however, then the Guardian will take care of those.
It’s very important to hire an attorney who is familiar with the specific requirements of the state and county where the individual resides. This is an important part of obtaining a guardianship for a loved one or family member. Your attorney should be familiar with the probate court staff and their preferences for forming viable guardianship.
Your attorney will provide an initial consultation where you can discuss the situation and needs of the person of which you seek Guardianship. Each case is very different, and it’s best to be upfront with your lawyer. Your answers and the information you share are protected by attorney/client privilege and should be as candid as possible. Your attorney may request that you fill out a Guardianship Questionnaire before the initial meeting. You should also bring along any supporting documents, such as a doctor’s report.
At Riddle & Associates PC, we can help with all types of essential legal needs such as planning your estate, creating a Will or Durable Power of Attorney and many others. In addition, we handle the probating of Wills and litigation of contested Wills.
For more information about Guardianship, please contact Riddle & Associates PC. For over 30 years, we have helped Texans with estate planning, Wills, Trusts, Guardianships, business law and many other areas of the law. You’ll find our staff caring, compassionate and qualified to assist you with a wide range of legal affairs.