Dallas-Fort Worth Adult Guardianship Attorneys

Serving Families & Individuals Throughout Texas

Adult guardianship hearings are taken very seriously in the eyes of the judicial system. Why? Because the end result is often the removal of autonomy from one adult and another adult being given the responsibility for all financial and medical decision for “the rest of time”. Often adult guardship occurs in times of permanent mental or physical disability in which the ward (the person in question) is not capable of making decisions for themselves.

There are two primary ways of accomplishing adult guardianship. The first is to reactively file an Application for Appointment of Permanent Guardian with the court. The second way is to proactively complete guardianship planning documents included in a comprehensive estate plan. Due to the all-encompassing nature of guardianship, the process for determining if an individual needs to have a person to represent them is detailed and lengthy.

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Filing the Reactive Guardianship Application

When an individual (potential ward) can no longer care for themselves, their loved ones usually want to become primary decision-makers for the incapacitated individual’s health and financial matters. When no proactive guardianship plan is in place, the concerned party must apply for guardianship in the county in which the potential ward resides.

The applicant guardian must provide demographic information for themselves and the potential ward and must explain the “nature and degree” of suspected incapacity with the support of medical testimony. The Reactive Guardianship Application also asks the type of guardianship being sought, the value of the proposed ward’s estate, and much more.

If you would like to speak to our team, please call (972) 945-1610 today to request a free consultation with one of our lawyers. We also have a convenient online scheduler you can use to select an appointment time that best suits you.

Commencement of Court Investigation

If the court requests that an investigation be performed, it will appoint an investigator to determine whether the application is valid. The investigator will talk with the potential ward, doctors, psychologists, family members, social workers, and others familiar with the situation to determine if the application for guardianship is really necessary. If the investigators determine there is a valid need to appoint a guardian, the court will appoint an attorney and guardian ad litem to advocate for the best interests of the ward.

Commencement of Court Hearings & Disposition of the Case

There will be a court hearing to determine if the potential ward can adequately care for their physical and financial needs and to determine their best interests and whether the potential guardian is qualified to care for the potential ward. The disposition of the case involves defining parameters of guardianship, bonding the appointed guardian, and issuing the letters of guardianship.

Contact our Texas law firm at (972) 945-1610 for help in Plano or Mansfield.

Understanding the Responsibilities of a Guardian

As a guardian for an adult, several key responsibilities must be undertaken to ensure the well-being and protection of the individual under your care.

• Decision Making: One of the primary responsibilities of a guardian for an adult is to make decisions in the best interest of the individual they represent. This includes decisions regarding healthcare, finances, housing, and overall quality of life. Guardians must carefully consider the individual's wishes and preferences whenever possible, while also adhering to legal and ethical guidelines.
• Advocacy: Guardians serve as advocates for the rights and needs of the adult under their care. This may involve interacting with healthcare providers, social service agencies, and other institutions to ensure that the individual receives appropriate care and support. Advocacy also entails protecting the individual from exploitation, abuse, or neglect.
• Financial Management: Guardians are responsible for managing the financial affairs of the adult they represent. This includes budgeting, paying bills, managing assets, and ensuring that the individual's financial resources are used wisely and for their benefit. Guardians must keep accurate records of all financial transactions and may be required to report to the court on a regular basis.
• Regular Monitoring: Guardians have a duty to regularly monitor the well-being of the adult under their guardianship. This involves assessing their living situation, healthcare needs, and overall quality of life. Guardians should stay informed about any changes in the individual's condition or circumstances and make adjustments to their care plan as needed.
• Reporting to the Court: Guardians are typically required to submit periodic reports to the court detailing the status and welfare of the adult under their guardianship. These reports provide the court with necessary information to ensure that the guardian is fulfilling their responsibilities appropriately and that the best interests of the individual are being upheld.

Proactive Guardianship Planning

You can plan ahead and work with a qualified attorney to craft comprehensive guardianship documents that name a person you trust to act as your guardian and in whatever capacity you decide should the need arise in the future. By clearly defining roles and communicating responsibilities before an emergency occurs, your guardian will have all of the necessary information to carry out your wishes in the event of incapacitation.

If you would like to schedule free consultation to discuss your questions regarding adult guardianship, please call (972) 945-1610 or use our convenient online form.