TEXAS LAW
Some states use the term "conservatorship," but in Texas these cases are generally referred to as guardianships.
PRACTICE AREAS > GUARDIANSHIP
Guardianship
Contested and uncontested.
A guardianship is a court-supervised legal process used to protect a minor or an incapacitated adult. A judge appoints a person (the guardian) to make decisions for another person (the ward) when the ward cannot safely manage personal decisions, finances, or both.
TYPES OF GUARDIANSHIPS
Texas law recognizes two main types of guardians
Guardian of the Person
Responsible for the ward's personal care, such as:
living arrangements
medical care
day-to-day well-being
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Guardian of the Estate
Responsible for managing the ward's money and property, such as:
bank accounts
income and benefits
bills and expenses
property and investments
In some cases, only one type of guardianship is needed. In other cases, the court may appoint both. The same person can serve in both roles, but the court may also appoint different individuals depending on the circumstances.
ALTERNATIVES
Are there alternatives to guardianship?
A person may need help with daily activities or decisions without needing a guardian. Depending on the circumstances, family assistance, community services, supported decision-making, and appropriate legal documents may provide the support the person needs.
Family assistance
Supported decision-making
Community services
Appropriate legal documents
Our Supports and Services – A Resource Guide as an Alternative to Guardianship identifies practical resources and explains options that families can consider.
Planning ahead with powers of attorney and disability documents can often avoid the need for guardianship altogether.
?
I think I know someone who meets the definition of an incapacitated person. What must I do to get a guardian appointed?
Texas law has very specific procedures in place for proving the need for a guardianship and getting a guardian appointed. These procedures are too complicated for a lay person to undertake without a lawyer's help. In fact, most courts will not entertain guardianship applications filed by non-lawyers.
FREE CONSULTATION
​Plan with confidence. Protect your family.
Contact Estes Law Office, P.L.L.C. to schedule a free consultation at our Frisco or McKinney office.
MCKINNEY · PRINCIPAL OFFICE
105 N. Benge Street, McKinney, TX 75069
(469) 325-1861
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6160 Warren Parkway, Suite 100, Frisco, TX 75034
(972) 418-2919
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