Special Needs Planning
Legal Guardianship in Texas is a court dependent proceeding in which a guardian is appointed to “oversee” the person and/or estate of an incapacitated person.
We can assist you in becoming appointed Guardian of your loved one. This will ensure that he or she will be properly cared for and that you will be in control of decisions pertaining to his or her person and property.
Who May Need a Guardian?
- A minor, which includes those under 18 years of age that have not been emancipated;
- Adults who, because of a physical or mental condition, are substantially unable to provide food, clothing, or shelter for themselves, to care for their own physical health, or to manage their own financial affairs; or
- People that must have a guardian appointed to receive funds due them from any governmental sources.
Two Types of Guardianship:
- The Guardian of the Person is someone appointed to make personal, medical, and welfare decisions for a Ward.
- The Guardian of the Estate is appointed to make the financial decisions related to a Ward’s assets. This person is charged with preserving, protecting, and maintaining the assets.
Who Can File for Guardianship: In general, an Application for Guardianship can be filed by any person that does not have an adverse interest to the proposed ward. Texas law states that the following persons may not be appointed as guardians:
- those whose conduct is notoriously bad;
- incapacitated persons;
- parties (or children of parties) to a lawsuit affecting the welfare of the proposed ward (unless the court determines that there is no conflict or appoints a guardian ad litem);
- those indebted to the proposed ward or asserting any claim to property adverse to the interests of the proposed ward;
- those who by reason of inexperience, lack of education, or any other good reason are shown to be incapable of properly and prudently managing and controlling the proposed ward or his estate;
- persons, institutions, or corporations found unsuitable;
- persons disqualified by a declaration made under Probate Code section 679; and
- nonresidents who fail to designate a resident agent for service.
Alternatives to Guardianship: Guardianships can be very burdensome and costly because the guardian is unable to perform any act or acts in behalf of the ward in any way without first obtaining Court Approval. Thus, it is often wise to consider whether there are alternative means to obtain the desired results.
- Joint Bank Accounts
- Appointment of Representative Payee for Receipt of Social Security Benefits
- Payment of Employees Retirement System Funds to Parent of Minor
- Managing & Possessory Conservatorship for Minor
- Durable & Medical Power of Attorney
- Declaration for Mental-Health Treatment
- Payment of Claims without Guardianship
- Section 142 & 867 Trusts
- Special Needs Trust
- Trusts for Mentally Retarded Persons
- Transfer under Texas Uniform Transfers to Minors Act
- Sale of Property without Guardianship
Contact Us Today with your specific facts, and we will be able to advise you concerning the most cost-efficient way to achieve your goals.