The Responsibility of Guardianship
As people age, they may find themselves unable to fully care for themselves or live independently. Many families may find themselves in a position of partial or full caregiver to an elderly loved one, looking after their medical care and supervising their finances.
A guardianship is a legal framework that allows one person to make decisions on behalf of another who may not be able to, such as deciding what kind of medical care is necessary or how to invest their money. A guardian may be appointed for an elderly person who cannot make sound financial decisions or advocate for their own healthcare. Guardianship responsibilities are serious, and a guardianship attorney in Grapevine, Texas, can help families learn more about the process and determine if it’s the right step for an infirm loved one.
Establishing a Guardianship for a Loved One In Grapevine, Texas
Guardians are appointed by Texas courts and take care of an individual’s (called the ward) personal care, finances, or both. Limited guardianships assign responsibility for the ward’s personal care or finances, while full guardianships assign responsibility to the guardian.
Because the guardian has so much control over the choices of a ward, the regulations for Texas guardianships are strict to protect the rights of the individual as much as possible. Guardianship attorneys can help families navigate this complicated process.
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What's the Process to Become a Guardian?
The first step in becoming a guardian is determining whether the potential ward is truly incapacitated. Typically this requires an exam by a qualified medical professional. Then, a Grapevine guardianship lawyer will help the potential guardian petition the court in three steps:
Apply for guardianship in Texas courts
Attend a competency hearing, which determines the ward's need for a guardian
Become an appointed guardian by a judge
The potential ward is served with the legal petition concerning the guardianship application and has the opportunity to hire an attorney ad litem as their representation in the process. The ward is expected to attend the competency hearing unless they cannot do so due to medical or safety reasons.
As the guardianship petitioner, you will be expected to testify about the need for limited or full guardianship, and your guardianship attorney will present evidence to support your claim.
Why Do You Need to Work with a Guardianship Attorney?
Your Grapevine guardianship attorney guides you and your family through the guardianship process, from preparing the medical evaluation to testifying at the court hearing. Our legal team ensures that each of our clients understands the fiduciary obligations of guardianship and is fully prepared to fulfill those obligations.
How Do You Choose a Grapevine Guardianship Attorney?
Attorney Christine “Chris” Krupa Downs has a decade of experience ensuring the safety and security of elders and other wards. She understands the laws regarding seniors and specializes in streamlining the guardianship procedure in Texas.
Our legal team is dedicated to helping both ward and guardian understand the benefits and obligations of guardianship. A guardianship isn’t a punishment, and it’s to best care for your loved one and their interests. It’s the job of an experienced guardianship attorney to make both parties accept and understand the obligations and terms associated with guardianship.
Krupa Downs Law, PLLC: Your Grapevine Guardianship Attorney
Attorney Christene “Chris” Krupa Downs knows how hard it is to decide to pursue guardianship over a loved one. We walk beside you in this process, providing resources and legal advice so you can meet your obligations with pride.
It isn’t an easy choice to pursue guardianship. The ward in question may be too proud to accept help making for tense circumstances. We happily discuss alternatives with both guardian and ward. Our goal is to care for elders who need it, not restrict an individual’s freedom.