When an individual cannot care for themselves or make personal or financial decisions, and the least restrictive alternatives available have been exhausted, a guardian may be appointed by a Texas court, ordinarily a Probate Court. A guardian’s main role and focus is to protect the ward’s personal and financial interests and well-being.
There are two types of guardianships in Texas:
Guardianship of the Person
A guardianship of the person refers to the guardian having the responsibility to take care of the ward’s physical, emotional, and educational needs. This includes providing food, clothing, housing, and medical care. For example, a guardian of the person may be appointed when a parent needs to continue making medical decisions for a special needs individual after they turn 18 and become an adult under Texas law.
Guardianship of the Estate
A guardianship of the estate refers to the guardian having the responsibility of managing the ward’s estate, which includes taking care of everything they own, such as inheritances, bank accounts, paying bills, and real or other personal property. For example, a guardian of the estate is needed for a minor child whose parents passed away and left them an inheritance. Under Texas law, minors are unable to manage their finances and need a guardian of the estate appointed to do so.
In some instances, a guardian can be both guardian of the person and guardian of the estate. It is also possible for the guardian of the person and estate to be separate individuals. Additionally, a guardianship can be both temporary and permanent, depending on the circumstances.
When disputes arise over a guardianship-related matter, parties can be taken to court for a guardianship contest or guardianship litigation.
Guardianship Litigation
A contested guardianship occurs when the guardian status of a person is challenged or called into question, such as who should be guardian. This can happen if the person is not fulfilling their role as guardian or is abusing their role as guardian. An example of failure in guardianship might be failing to provide basic living necessities for the ward. Neglect or abuse are common reasons to contest a guardianship and seek the removal of a guardian.
Guardianship litigation cases usually result from conflict over who is the most appropriate person to serve as guardian. In some cases, litigation is a result of an allegation that an appointed guardian has neglected the ward, stolen the ward’s money, is abusing drugs or alcohol, or is not fulfilling the court orders or legal requirements of a guardian.
The guardianship process can be complicated to navigate alone. We recommend speaking with an experienced guardianship attorney. They can provide guidance on legal options, the process, and the costs included.
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