Texas Guardianship Lawyer
Remember when the world was wrapped up in the "Free Brittany" movement. That entire story related to Brittany's father's legal "conservatorship" over her estate. Various states have a different word for a similar concept. Louisiana calls it "tutelage." Texas and many other states call the proceeding "Guardianship."
Under Texas law there are two types of guardianships. The first is the most common. It is seeking appointment to be a "Guardian of the Person." The other type is a "Guardian of the Estate."
Becoming a person's guardian is not a responsibility anyone should take lightly. You would become that person's "fiduciary." That means that you must, as a matter of law, act in that person's best interest. In essence, when a person is under a guardianship, the guardian becomes a "parent" and the disabled person gets treated like a "minor" under the law. They may lose their rights to drive, to marry or to vote. They lose the right to decide where they live. There are numerous legal requirements and reports that a guardian must prepare as a fiduciary.
Obtaining the guardianship appointment is difficult and the process is imperfect. The law and the Courts require exhausting all other options before taking this legally drastic step to limit a person's ability to make decisions for themselves. To become a guardian, you must complete training, undergo a background check, post a bond, and take an oath before the Court. Your attorney must also take special training and have approval from the Court to serve as your attorney. When you apply to become a guardian for a family member or friend, the Court appoints that family member or friend their own attorney and sometimes, a "guardian ad litem" to serve as the guardian while your become qualified. As the applicant, you get to pay for those other appointments until the court grants the guardianship and you can reimburse yourself, with court approval, from the "ward's" estate. It is an emotional, expensive, and not always successful experience.
Despite the complications of guardianship, it is an important part of the law and allows friends and families to protects and support vulnerable people who we love an cherish. If you are considering become a guardian of a person or estate, contact attorney Joseph LaFleur at Winborne LaFleur PC in Waxahachie, Ellis County, Texas for a case evaluation. 972-330-2171.