Legal Help with Guardianship Proceedings in Texas Probate Court
Guardianship Attorney Serving Fort Worth-Dallas, McKinney, Houston, And Atlanta
Ideally, the time to name a guardian for a loved one is long before he or she needs one. A guardian for a child can be named in a Will. A Medical Power of Attorney can be put in place as part of an estate plan to enable someone to make medical decisions for an incapacitated person.
If no overall estate plan exists, another good time to put a Medical and a Financial Power of Attorney in place is upon diagnosis of a degenerative disease, such as Parkinson’s, Alzheimer’s or dementia. The person usually has some years of competency before eventually they need to rely on the help of the person given Power of Attorney.
If a Power of Attorney is not in place and your loved one can no longer be trusted to make daily life decisions about money, health, or home, then the time to name someone as guardian has come.
Becoming a guardian is a significant commitment and shows your love and concern for your family member. We applaud your decision to make such a commitment. Probate attorney Ross Tew will do everything he can to help the guardianship proceedings move smoothly through court.
The Fort Worth Guardianship Hearing
Where a Power of Attorney is a simple document, a guardianship hearing is a much more involved process. Ross will work with you to understand the difficulties, to file the correct paperwork, and then to present your case in a hearing before the probate court judge.
You will need to prove, in a court of law, that the person for whom you wish to be named a guardian is incompetent to manage his or her own affairs. If he or she does not agree with you about this, then you could have a fight on your hands. When needed, we work with medical, psychological and financial experts to build a case for diminished capacity. We also need to prove your fitness as a guardian, that you are able to make good decisions for the person and handle his/her financial matters responsibly.
As guardian you will need to provide regular reports on your management of the estate of your loved one. The court will want to know that assets of the estate are being managed responsibly and that you are fulfilling your duties properly.
Problems with a Guardian
If your loved one has a guardian and you believe that guardian is mis-spending the assets of the estate, neglecting the health of the vulnerable person, or physically abusing the person, you can seek to have the guardianship revoked.