Compassionate Guardianship Legal Guidance
Serving Clients & Their Families Throughout Texas
Establishing, Disputing, or Changing Guardian Appointments
When a loved one is unable to make decisions for themselves, does not have powers of attorney and is an incapacitated person, guardianship can offer a legal solution that protects their welfare. Guardianship cases involve delicate family dynamics, and disputes may arise regarding who should be entrusted with this responsibility.
Our attorneys offer seasoned guidance through each stage of the guardianship process—from establishing guardianship to disputing or changing appointments when warranted. Our deep understanding of Texas guardianship law gives clients peace of mind that their loved ones are in good hands.
What Is Guardianship?
“Guardianship” refers to a body of law in which the court appoints a person or entity to care for another’s property or person. In Texas, the person or entity that is appointed by the court is referred to as a guardian (some states refer to a guardian as a conservator). Once appointed by the court, the guardian has the legal authority and duty to care for an incapacitated person referred to as a ward. At Barnes Lipscomb & Stewart, we can guide you through the process of obtaining guardianship in Austin, or discuss alternatives.
Defining Guardianship in Texas
In Texas, there are three types of incapacitated persons eligible for guardianship.
These are:
- A minor
- An adult individual who, because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter for himself or herself, to care for their own physical health, or to manage their own financial affairs
- A person who must have a guardian appointed to receive funds due the person from any governmental source.
Types of Guardianship in Texas
In Texas, there are two basic types of guardianships: a guardian of the person and a guardian of the estate. It is also possible to be appointed as a guardian of the person and estate. Depending on the nature and severity of a ward’s incapacity and needs, the court appointing the guardian has the discretion to grant the guardian a variety of powers and authority.
- A guardian of the person can be vested with either full or limited authority to make decisions for their ward such as determining the ward’s residence, medical treatments, marital decisions, etc.
- A guardian of the estate can be vested with either full or limited authority to manÏÏage the financial and business affairs of their ward. Once a guardianship has been established, the guardian has ongoing duties to their ward and continuing responsibilities that must be fulfilled.
Experienced Guardianship Attorneys in Austin
At Barnes Lipscomb & Stewart, our firm represents individuals in all aspects of guardianship law. This includes creating a guardianship when necessary, seeking a change in the person appointed as guardian when warranted, and even disputing whether a guardianship should be created.
Determining the best course of action in a guardianship case depends on your unique situation, and requires appropriate investigation and consultation. If you have questions about a current or potential guardianship, please request a consultation.