Becoming a parent brings both joy and worry in equal measure. Of course, dominating these worries is what should happen to your children should something happen to you? Establishing legal guardianship Texas alleviates that worry. We’re here to help.
Who requires a Legal Guardianship Texas?
Texas requires a guardian for an individual legally defined as an incapacitated person. This includes:
- a minor (under 18)
- an adult individual who, because of physical or mental condition, is substantially unable to provide food, clothing, or shelter for themselves, to care for the individual’s physical health, or to manage the individuals own financial affairs
- a person who must have a guardian appointed to receive funds due to the person from a governmental source
Types of Legal Guardianship Texas
Under Texas law, there are two types of guardianships:
- guardianship of the estate: guardian is responsible for managing the property and financial affairs of the ward
- guardianship of the person: guardian is generally responsible for providing supervision, care, clothing, food, and shelter for the incapacitated person and may consent to medical treatment on their behalf
Depending upon the needs of the incapacitated person, an individual may be appointed either as guardian of the estate, the person, or both.
Texas Guardian Qualifications
The State is endowed with considerable discretion to accept or reject guardianship applications. However, pre-designated guardianship applications are typically accepted unless the purposed guardian is:
- a minor
- convicted of certain crimes (ie sexual offenses)
- incapacitated themselves
- involved in property or contract dispute with the ward
- a person who, because of lack of education, inexperience, or other valid reason, is incapable of prudently and properly controlling and managing the ward &/or the ward’s estate
- who the court otherwise finds unsuitable (for example, due to a conflict of interest)
What happens if no preemptive guardian is appointed?
Should the need arise for a guardian for your children and no preemptive appointment exists, the State will appoint a guardian on your behalf. The State is obliged to appoint a guardian they find best suited to care for your children. Still, you will not be around to give your approval.
Act Decisively
At AZ Law Firm, one of our guiding principles is to hope for the best but prepare for the worst. This principle is particularly applicable when preparing your estate, especially ensuring your children will be well cared for should the worst occur. We’re here to help assuage your worries. Give us a call to schedule a consultation to discuss your legal guardianship options.
To find out how we can help you, contact our Austin Estate Planning Attorney at 512-400-7070 for custom Texas wills. We will schedule an initial client consultation to review your estate planning details and lay out a structure for your will. AZ Law Firm will draft the necessary documents to secure your loved ones’ future.
We understand times are tough and that there probably hasn’t been a tougher time in your life. Although we could get away with charging exuberant amounts, we prefer not to as we are a law firm by the people, for the people. We do not want you to worry about whether you can afford to hire an attorney to protect and defend your rights. Call us and be surprised at the quality you receive compared to what other law firms will quote you!
Accordingly, the attorneys at AZ Law Firm will always provide you with a free initial consultation. During this initial consultation, our estate planning lawyers will evaluate your case, inform you of any legal options that may be available, and allow you to ask any questions that you may have. AZ Law Firm offers affordable rates for all our clients and will work with you on payment plans. Our firm accepts checks, debit cards, and most major credit cards to cover the costs of your legal representation.
