It is never easy when a loved one becomes unable to handle their personal or financial affairs. If this happens a guardianship maybe become necessary for them.
If it does become necessary for a guardianship, the Court will appoint a guardian for the person. There are two types of guardianship in Texas. Guardian of the Person and Guardian of the Estate.
For a guardianship to be granted in Texas there are a few steps. First, there needs to be proof that the proposed ward is physically or mentally incapacitated. This is usually done with a certificate from a doctor. Than the proposed ward is appointed what is known as an attorney ad litem for the guardianship proceeding. This attorney represents the proposed ward and their interest. Finally, there is a trial on the guardianship, if the Court is convinced by the evidence that a guardianship is needed, than it will grant it at that time.
Further, there is now a requirement that a proposed guardian has to complete an online training class before the Court can appoint them as guardian.
This process is very complex, so it is important to seek the advice of an attorney who handles guardianships.
If you believe that someone you know might need a guardianship, please contact us today to set up an appointment.