Types of Guardianships in Texas
There are several different types of Guardianships in Texas, each of which is designed to meet the specific needs of the ward.
The different types of Guardianships in Texas include:
- Guardianship of the Person: This type of Guardianship is established when a person is unable to care for themselves due to a physical or mental condition. The Guardian is responsible for making decisions about the ward's personal care, including their medical care, housing, and education.
- Guardianship of the Estate: This type of Guardianship is established when a person is unable to manage their own finances. The Guardian is responsible for managing the ward's property and assets, as well as paying their bills and taxes.
- Temporary Guardianship: This type of Guardianship is established when a child's parent is unable to care for them for a temporary period of time. The Guardian is responsible for the child's well-being during this time.
- Permanent Guardianship: This type of Guardianship is established when a child's parent is unable to care for them on a permanent basis. The Guardian is responsible for the child's well-being until they reach the age of 18.
- Guardianship of a Special Needs Child: This type of Guardianship is established when a child with special needs turns 18 and is unable to care for themselves. The Guardian is responsible for making decisions about the child's personal care and managing their finances.
How to Establish a Guardianship in Texas
Establishing Guardianship in Texas is a complex legal process that requires the filing of a petition and a court hearing. The process can be even more complicated if there is a dispute over who should be appointed as the Guardian.
To establish a Guardianship in Texas, you must:
- File a petition: The first step in establishing a Guardianship is to file a petition with the court. The petition must include information about the proposed Guardian and ward, as well as the reasons why a Guardianship is necessary.
- Notify the ward: Once the petition has been filed, you must notify the ward of the Guardianship proceedings. If the ward is a minor, you must notify their parents. If the ward is an adult, you must notify them directly.
- Attend a hearing: After the petition has been filed, the court will schedule a hearing. At the hearing, the judge will review the evidence and determine whether Guardianship is necessary. If the judge approves the Guardianship, they will issue an order appointing the Guardian.
It is important to note that the court will only establish Guardianship if it is in the best interests of the ward. If the ward is a minor, the court will also consider the rights of the parents when making this determination.
How Our Guardianship Lawyers in Denton Can Help
At Coker, Robb & Cannon, Family Lawyers, we understand that establishing or modifying a Guardianship can be a complex and emotional process. Our Guardianship lawyers are here to provide the compassionate guidance you need, as well as the aggressive advocacy you deserve. We can help you navigate the legal system and work to protect your rights and the best interests of your loved one.
Our Guardianship attorneys in Denton can help you with all aspects of the process, including:
- Filing the necessary paperwork: Establishing or modifying Guardianship requires the filing of a petition and other legal documents. Our attorneys can help you prepare and file all of the necessary paperwork, ensuring that it is completed accurately and on time.
- Representing you in Court: Establishing or modifying a Guardianship requires a court hearing. Our attorneys can represent you at the hearing and present evidence in support of your case. We can also cross-examine witnesses and make arguments on your behalf.
- Helping you understand your rights and options: Our attorneys can explain the Guardianship process to you and help you understand your rights and options. We can also answer any questions you may have and provide you with the information you need to make informed decisions about your case.
- Providing you with the support you need: Establishing or modifying Guardianship can be a complex and emotional process. Our attorneys are here to provide you with the support you need, as well as the compassionate guidance you deserve. We can help you navigate the legal system and work to protect your rights and the best interests of your loved one.
At Coker, Robb & Cannon, Family Lawyers, we are committed to helping families in Denton County, Collin County, and Tarrant County resolve their legal issues. If you need to establish or modify a Guardianship, we can help. Our Guardianship lawyers have extensive experience and a proven track record of success.
To request a consultation, contact us today at (940) 293-2313.
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