Katy Guardianship Attorneys

It is always difficult for families to see loved ones lose the capacity to support themselves. The Hunt Law Firm represent applicants for guardianships of the incapacitated person and of the estate.

What is Guardianship?

Guardianship establishes a legal relationship between the guardian and the ward to help the ward manage his or her affairs. However, guardianship can strip the ward of many of his or her rights. Oftentimes a guardianship is established when the ward becomes incapacitated.

Individuals may become incapacitated at some point in their lives for a variety of reasons, such as:

• Alzheimer's disease
• Old age
• Intellectual and developmental disabilities (ID/D)
• Mental illness
• Memory loss

Our Katy guardianship lawyers will help families determine the least restrictive, best course of action for their loved ones.

Steps in a Texas Guardianship

In Texas, you have the option of applying to be a guardian of an adult if that person lacks the capacity to make decisions for themselves. However, since this means many of the rights this adult has will be taken away, applying for a guardianship should be the last resort.

• Step One: The Application and Physician’s Certified Medical Exam
  • To begin a guardianship in Texas, you have to first file an Application for Guardianship of the Person and/or Estate in court. This is best done with an attorney who is familiar with the requirements of an Application. Along with the Application, the Ward’s physician will need to complete a Certified Medical Exam which will let the Court know the Ward is incapacitated and in need of a guardianship.
• Step Two: Service on the Ward and “interested Persons”
  • The Court will issue a citation and serve the Ward with the Application. Additionally, the Texas Probate Code requires “interested persons” such as the Ward’s spouse, siblings, and parents be served or sign a Waiver of Service.
• Step Three: Attorney Ad Litem Appointment
  • Once the Ward is served, the Court will appoint an Attorney Ad Litem to represent the Ward. This attorney will require a fee and will meet with the Ward as soon as possible.
• Step Four: Texas Judicial Branch Requirements 
  • Your attorney will let you know how to do the required background check and certification the Texas Judicial Branch requires. 
• Step Five: The Final Hearing
  • Once the Court has everything it needs, your attorney and the attorney ad litem for the Ward will schedule a final hearing date with the Court. The Ward may not need to attend. At this hearing, the Court will hear testimony and evidence of why this guardianship is needed and determine if the guardianship is truly in the Ward’s best interest.
• Step Six: Paying the Bond/Receiving Your Letter of Guardianship
  • Most courts will require a small bond in order for your official Letter of Guardianship to be issued. 
• Step Seven: Annual Reporting Requirements
  • Once you are appointed a guardian, you will have to fill out a simple annual reporting form for the Court each year. Your attorney will guide you on where to obtain the form and how to fill it out. Applying for a guardianship can be a very complicated process that requires an attorney who knows what they are doing. If you are not sure if an alternative to a guardianship might suit you better, it is important you explore those alternatives thoroughly before filing for a guardianship.

Guardianship of the Estate

A guardianship of the estate may be the right solution if loved ones are concerned about the proper management of the finances of a loved one who has become incapacitated. The guardianship process is complex. Our attorneys can help ease the stress of navigating the guardianship legal process by walking through alternatives, doctor's letters, the court process, and more.

It is important to retain representation from a skilled, experienced lawyer in your time of need; not only to gain a better understanding of the situation and legal complexities, but to protect your rights. Hunt Law Firm can provide everything you need to move forward with confidence.

Schedule your confidential consultation by calling (832) 781-0320 or contacting us online.