The Obligations of a Guardianship in Texas
As people get older, they may find themselves unable to live independently or care for themselves as they used to. Many Lewisville families may find themselves in a caregiver role for an elderly loved one, attending to their personal needs and ensuring their finances are secure.
A guardianship is a legal framework that allows an individual to make decisions on behalf of another, either personally, financially, or, in the case of full guardianship, both. Some people may not be cognitively able to make sound finical decisions or may be unable to make medical decisions for themselves. Guardians appointed for an elderly person manage the individual’s finances and make decisions in the best interest of their ward. Guardianship responsibilities are serious, and a guardianship attorney in Lewisville, TX, can help you and your family learn more about the obligations to determine if it’s the right step for your loved one.
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Creating a Guardianship for a Family Member In Lewisville, Texas
Texas courts appoint a qualified individual to a guardian role and give them legal power over their ward’s finances, personal and health care, or both. Limited guardianships are assigned for one of these purposes, while full guardianship gives the guardian power over both, the more common form of guardianship.
Because the guardian has so much control over the interests of another person, Texas statutes are strict about the role and responsibility of a guardian. This is to ensure that the agency of the ward is protected as much as possible. A Lewisville guardianship attorney can help you and your family understand the legal requirements of guardianship.
The Guardianship Process in Texas
Establishing guardianship involves determining whether the individual is truly incapacitated, often by having them examined by a qualified medical professional. Then, the process proceeds like so:
The potential guardian applies with the court
Both parties attend a competency hearing, which judges whether guardianship is necessary
The judge appoints a guardian as they
Potential guardians work with a guardianship attorney to draft the application and represent them in court. The potential ward may also have legal counsel, called an attorney ad litem. As a petitioner for guardianship, you will be expected to testify why you believe guardianship is necessary and what makes you a good option for that role.
Why Should I Work With a Guardianship Attorney?
Your Frisco guardianship lawyer guides you through the process, ensuring that you meet all legal requirements for guardianship and educates you about your responsibilities towards your ward. At Krupa Downs Law, we work with our clients to ensure they are willing to assume the fiduciary obligations of guardianship and are fully prepared to fulfill their obligations.
How Do You Choose a Lewisville Guardianship Attorney?
Attorney Christine “Chris” Krupa Downs has a decade of experience ensuring the safety and security of elders and other wards. She has a deep knowledge of Texas elder law, and her firm specializes in streamlining the guardianship procedure in Texas.
We work with Lewisville families considering guardianship to help them understand the benefits and responsibilities of guardianship. Guardianship may be the best method of ensuring that an elderly loved one is protected and that their finances are secure. It’s the job of an experienced guardianship attorney to ensure that all parties fully understand the legal conditions of this arrangement.
Krupa Downs Law, PLLC: Your Guardianship Attorney In Lewisville, TX
Attorney Christene “Chris” Krupa Downs understands the weighty decision of establishing guardianship for an elderly or infirm loved one. She will be your guide in this process, providing resources and legal advice so you can meet your obligations with pride.
Establishing guardianship isn’t easy, and some older adults may be too proud to admit they need help. The conversations can be tense among family members, so we gladly discuss alternatives with the guardian and ward. Our goal is to help families protect elderly loved ones, not restrict an individual’s freedom.