Guardianships Attorney in Schertz, Texas

It’s never easy to witness the effects of aging, disease, or injury on those close to us. In fact, you may know someone in your family—or a close friend—who cannot take care of themselves and needs help managing their daily affairs. It may be necessary to appoint a guardian to oversee that person’s financial and medical well-being. Whether it's for an adult or a child, my firm, Carl J. Mangine, Attorney at Law, PLLC, can help. Schedule a consultation with me in Schertz, Texas, if you are located in Universal City, Converse, New Braunfels, San Antonio, or any of the surrounding areas.

One way of doing this is the establishment of a guardianship. Despite the growing numbers of guardians across the country, many Americans are not aware of how guardianships truly function. Guardianship can play a vital role in the lives of both minor children and older adults. Before you appoint a guardian in your estate plan or begin acting as a guardian, it is crucial that you understand the legal rights, duties, and responsibilities of guardianship. Consulting with an experienced estate planning attorney is important for proper guidance.

What Is a Guardianship?

Guardianship is the legal term used to indicate the relationship between someone who protects another (the guardian) and the person being protected (the ward). It is a relationship established by Texas law in which a court gives one person or entity the legal authority to make important personal, property, and financial decisions for another person who is unable to make such decisions on their own. Guardianships may be used in any of the following situations:

  • Guardianship of a minor child
  • Guardianship of an incapacitated adult
  • Guardianship of a developmentally disabled adult

Furthermore, there are two kinds of guardianship in the state of Texas: guardian of the person, and guardian of the estate. 

  • A guardian of the person has control over the ward’s personal matters, such as housing, medical, and educational decisions.

  • A guardian of the estate has control over the ward’s property and finances.

A court may appoint someone to be both guardian of the person and of the estate. For more information about what it means to be a guardian, or what it means to be a ward, contact me today.

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Guardianship of a Minor

A guardian is often appointed for a minor child if the child’s parents are legally declared to be either mentally unfit or incapable of caring for the child. Someone wishing to be appointed as the guardian of a minor child must file a petition to the court in the county in which the child lives.   

Guardianship of an Adult

A guardian can be appointed for an adult in situations where an individual at or over the age of 18 has a clinically diagnosed medical condition that results in the individual being unable to receive and process information in order to communicate or make decisions for themselves.

This is often seen in situations in which an elder family member is diagnosed with Alzheimer’s disease or other forms of dementia, preventing them from being able to handle important decisions regarding their wellbeing, assets, or safety. Other instances in which a guardian may be appointed for an adult include an individual who has suffered a catastrophic injury that leaves them disabled or permanently impaired.

Becoming a Guardian of an Adult

If, for example, you want to become the guardian of a parent who suffers from dementia, you will need to present the court with detailed medical evidence. If your application is approved, you will have to document all of the financial and medical decisions you make on behalf of your parent, including filing a yearly inventory of all decisions made. You will also need the court’s permission to sell assets.

How I Can Help

My staff and I will strive to provide the guidance you need in order to accomplish the necessary steps to become a guardian, including:

  • Filing paperwork with the appropriate court
  • Requesting that a judge name you the legal guardian of a child
  • Attending the hearing to prove why you are fit to take over the responsibilities of raising the child

If a guardian is appointed, it is not considered a permanent legal relationship. A parent or another individual can petition the court to have the guardian removed. When the minor child reaches the age of 18, they are no longer under guardianship.

Guardianship Attorney in Schertz, Texas

Contact me if you have been named someone’s guardian, would like to apply to be a guardian or wish to challenge a guardianship designation. My staff has the experience to help you. Reach out today to schedule a consultation at my office in Schertz, Texas.