Texas Guardianship Attorney Serving Portland, TX

Guiding You Through the Legal Responsibilities of Caring for a Loved One

Guardianship is a legal tool used to protect those who are unable to care for themselves or manage their financial affairs. Whether due to age or incapacity, a court-appointed guardian assumes critical responsibilities on behalf of another person. At Bourlon Law Firm, we help individuals and families in Portland, Texas, navigate the complex process of becoming or appointing a legal guardian. Attorney Bobby Bourlon has extensive experience representing clients in guardianship matters and can assist you in fulfilling this vital role with confidence and care.

Types of Guardianship in Portland, Texas

In Texas, there are two primary types of guardianship:
Guardianship of the Person: Grants authority to make decisions regarding a person’s health, safety, and daily care.
Guardianship of the Estate: Gives responsibility for managing the person’s finances, property, and legal matters.
In some cases, the court may appoint the same person for both roles. In others, responsibilities may be divided.

When Is Guardianship Necessary?

A court may establish guardianship in Portland under two general circumstances:

1. For a Minor (Under 18 Years Old)

When a child’s parents are deceased, incapacitated, or otherwise unable to care for the child, a guardian may be appointed to provide housing, education, medical care, and emotional support.

2. For an Incapacitated Adult

An adult may be declared legally incapacitated if they are unable to:

• Provide for their own food, clothing, or shelter
  
• Care for their physical health
  
• Manage their finances or government benefits
  In these cases, guardianship requires clear and convincing medical evidence of incapacity, usually through a doctor’s certificate filed with the court.
  

The Legal Process of Establishing Guardianship

Guardianship is not granted automatically; it involves a court process with specific legal standards. Here’s what you can expect:

• Filing a Petition: The application must be submitted to the appropriate court—typically by an attorney. Most Texas courts do not accept petitions filed by individuals without legal representation.
  
• Medical Certification: A current physician’s report must be submitted to prove incapacity in adult guardianship cases.
  
• Court Investigation: The court may assign a guardian ad litem or court investigator to assess the situation.
  
• Hearing and Appointment: A hearing is held to determine whether guardianship is necessary and, if so, who should be appointed.
  

The court generally prioritizes close relatives but will consider each candidate’s qualifications, eligibility, and relationship to the proposed ward.

Responsibilities of a Guardian

Once appointed, a guardian takes on legal and fiduciary duties, which may include:

• Managing the ward’s finances and assets responsibly
  
• Making medical and personal care decisions
  
• Filing annual reports with the court
  
• Keeping accurate records of all expenses and actions taken
  

Additionally, most guardians are required to:

• Post a bond to protect the ward’s estate
  
• Complete training or certification courses
  
• Maintain regular court oversight
  

Failure to meet these responsibilities can result in penalties or removal by the court.

Why Legal Guidance Matters

Guardianship is a serious, long-term responsibility. Errors in the application process or mistakes in fulfilling duties can have legal and emotional consequences. Working with an experienced guardianship attorney ensures:

• Compliance with all legal requirements
  
• Proper documentation and timely court filings
  
• Clear understanding of your rights and responsibilities
  
• Support in any disputes or complications that arise
  

Attorney Bobby Bourlon is here to walk you through every step, from preparing your application to fulfilling your obligations as a guardian.

Start with a Free Consultation

If you’ve been appointed a guardian or wish to apply for guardianship of a loved one, don’t go through the process alone. Let Attorney Bobby Bourlon help you manage this role with professionalism and care.
Call today at 361-289-6040 for a free consultation with a trusted guardianship attorney serving Portland, Texas.