What is the difference between guardianship of the person and guardianship of the estate?
In Texas, a guardian of the person takes charge of the incapacitated person, including providing for their daily needs, consenting to medical treatment and applying for government benefits and services. A guardian of the estate takes responsibility for the incapacitated person’s assets and liabilities. Most actions of the guardian of the estate require pre-approval from the probate court.
Sometimes only one type of guardianship is necessary for an incapacitated person; sometimes both guardianship of the person and guardianship of the estate is required.
How long does a guardianship last?
Unless the guardianship is a “temporary guardianship,” letters of guardianship can be issued by the county clerk after the court appoints the guardian and bond is posted. These letters expire annually and most Texas courts require the guardian to file a yearly report before the letters are renewed.
My child has an intellectual and/or developmental disability and is about to turn 18. Do I have to apply for guardianship?
Not all people with incapacities require guardianship. Just as each individual is unique, an analysis should be conducted to see whether guardianship is necessary due to the particular circumstances of your child. Texas law requires the court to consider whether there are any alternatives or supports and services available to an incapacitated person which can be used effectively to avoid guardianship. A Blum Firm attorney can assist you in making this determination for your loved one.
Can more than one person be co-guardians of an incapacitated person in Texas?
In most circumstances, only one person can be appointed guardian. One significant exception is that both parents can be appointed as joint or co-guardians of their child.
Does your firm handle contested guardianship matters?
Yes. The attorneys at The Blum Firm have significant experience handling guardianship contests in North Texas. Give us a call to discuss how we can be of assistance.
If an incapacitated person has powers of attorney, is guardianship necessary?
If a person has powers of attorney which were validly executed prior to the incapacity, the powers of attorney may be used as an alternative to guardianship. However, an incapacitated person who is a candidate for guardianship does not have capacity to execute powers of attorney.
How long does it take to obtain a guardianship in Texas?
In most North Texas counties, it takes approximately three to six months to obtain a guardianship of the person, a guardianship of the estate, or a combined guardianship of the person and the estate.
My friend is incapacitated and doesn’t have any family residing nearby. Can I be appointed as my friend’s guardian?
The Texas Estates Code gives a list of priority regarding who is to be appointed as guardian for an incapacitated individual. In most cases, if a person executed a valid Designation of Guardian prior to their incapacity, the person who was designated will be appointed to serve as guardian. If an incapacitated person does not have a valid Designation of Guardian, immediate family members have priority to serve over unrelated individuals and there is a particular order of preference. If there is no suitable family member, a friend or a private professional guardian may be appointed to serve as guardian.
Who determines if a person is incapacitated to a degree that they require guardianship?
The preliminary determination of incapacity is usually made by a physician who has recently examined the incapacitated person. The ultimate decision as to whether an individual is incapacitated to the extent that a guardian is required is up to the probate court.
Our family has moved to Texas from another state where we had guardianship of our loved one. Can your firm help us with getting the guardianship transferred to Texas?
Yes. Attorneys at The Blum Firm have experience guiding families through the guardianship transfer process.