Guardianship

Corpus Christi, Texas Guardianship Attorney 

Guardianship in Texas takes two forms:

  • Guardianship of a person
  • Guardianship of property

A guardian is appointed and supervised by the court, and in both cases, it is a serious responsibility for the guardian. There are specific procedures and rules that must be followed by the guardian, who often needs the services of an attorney who knows the role of the guardian and how to comply with the legal requirements.

The guardianship of a person is necessary when they are under 18 years old, or incapacitated. The first type is easy to identify and most often occurs on the death of natural parents, when an adult is needed to care for the child.

The case of incapacity is more involved, and in Texas is defined as a person who:

  • Is unable to provide food, shelter and clothing for themselves
  • Is unable to care for their physical health
  • Cannot manage their financial affairs or receive government payments

The process of proving incapacitation has a high standard, and one must show clear and convincing evidence of incapacity with a doctor’s certificate.

Because of this, most courts will require that the petition is filed by an attorney, and will not accept layperson applications for guardianship.

If the application is accepted, the court will then select a guardian from a prioritized list that generally begins with closest relatives. There are various tests of eligibility and the court has the option of skipping over ineligible candidates.

Once appointed, there are requirements of posting a bond and demonstrating ability to fulfill the fiduciary duties of a guardian, which can involve significant time and expense.

If you have been selected as a guardian for a person or property, you will need the services of an attorney who has experience with guardianship and can guide you in the proper procedures. This is a serious responsibility and requires expert guidance from an attorney such as Bobby Bourlon.

Please call for a free consultation at 361-289-6040 to discuss your new role.

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