Guardianship
All over the country, there is an increase in the life expectancy of elderly people. Over the past two decades, this has led to a surge in demand for guardianship. Houston is not an exception. Guardianships serve to help older adults who can no longer make financial or personal care decisions on their own, but it can also be helpful for others who can still handle key tasks or clearly share their wishes.
To protect the rights of vulnerable seniors, Texas has strengthened protections due to past reports of abuse, neglect, and financial exploitation. Today, the Judicial Branch Certification Commission (JBCC) certifies private professional guardians. Courts also require the exploration of less restrictive options before approving a guardianship. If you are weighing applying for a Texas guardianship for a parent, spouse, or loved one, you should know you have options, including special needs guardianship when a disability is involved.
Houston guardianship attorney Whitney L. Thompson has handled many of these cases and can guide you through each step. You can get clear answers in plain language. You can also get a plan that matches your loved one’s abilities and needs.
At The Law Office of Whitney L. Thompson, PLLC, our mission is simple. We can help you protect the person you care about while respecting their independence as much as possible. We know the Houston process well, and we can work to get you the most favorable outcome. If you are ready to talk, Whitney L. Thompson and our team are here to help.
Contact us at (281) 214-0173 to schedule a consultation for your guardianship or estate planning needs.
Guardianship is a legal tool that lets you keep making decisions for your child after they turn 18. If your child has special needs and adulthood is around the corner, it is normal to worry about what comes next. You want to know who will care for them when you cannot. You are not alone.
Guardianship can also help when you look after an aging parent, grandparent, or another family member who cannot make decisions on their own. It allows people to take care of their loved ones when they are unable to care for themselves. Guardianship gives individuals a clear way to step in, with the added protection of oversight and certifications.
As the guardian of the person and/or estate, you or your designated appointee will make decisions for your loved ones’ personal or financial affairs.
While there are limits to what a guardian can do, they can help:
Guardianship in Houston comes with rules and steps that can feel overwhelming. Applying for guardianship of a person or an estate takes careful work. Texas estate planning lawyer Whitney L. Thompson has the knowledge and experience to help you move forward with confidence.
Contact us today at (281) 214-0173 to schedule a consultation.
A court can establish different types of guardianships, such as Guardianship for the Person, Guardianship for the Estate, or Guardianship for both person and the estate.
These guardianships can be either limited or full, depending on what the case requires. A limited guardianship allows the ward to retain all rights not specifically removed by the court.
| Type | Description | Notes |
|---|---|---|
| Guardianship of the person | Authority over healthcare, living arrangements, education, daily care, and psychological needs. | May be limited or full. |
| Guardianship of an Estate | Manages financial matters such as assets, property, bills, and investments. | Requires annual accountings. |
| Guardianship of the Person & Estate | Combined authority over both personal and financial matters. | Used when ward lacks capacity in both. |
| Minor Guardianship | Guardianship of a child, including care and management of inherited assets. | Ends at age 18. |
Guardians are responsible for protecting the estate and guarding the ward to the extent allowed by law. Keep in mind that guardians have limited powers and responsibilities and cannot do anything that was not authorized by the court when they were appointed.
A guardian may request an order from the court for additional authority to assist the ward if the ward’s capacity declines. The court appoints the guardian. This means that the guardian must file annual reports on the ward’s health and welfare, and a guardian of the estate must file detailed accountings of financial transactions as required by the Estates Code.
People sometimes assume guardians are automatically responsible for a ward’s wrongful acts. In Texas, a guardian is not personally liable to third parties solely because of the appointment and is generally not liable for the ward’s bad acts unless the guardian is independently negligent or contractually obligated. A guardian is also not required to pay for the ward’s care with the guardian’s own funds.
Guardianship lawyer Whitney L. Thompson and our legal team at The Law Office of Whitney L. Thompson, PLLC, are experienced in helping families deal with guardianship. We dedicate our time and effort to making sure our clients are treated with care during the process. We can help with your Texas guardianship needs.
Contact our office today at (281) 214-0173 to speak with an experienced Houston attorney.
Choosing the right guardian starts with fit and clarity. Think about who shows up for your family today and who can make sound decisions tomorrow. In Texas, the court may appoint a guardian of the person and/or a guardian of the estate. Joint appointments are allowed in limited situations, most commonly for spouses. In specific circumstances, parents who were joint managing conservators of an adult child may be appointed together if it serves the ward’s best interests.
Have real conversations. Talk through day-to-day expectations, school or medical choices, faith or cultural traditions, and money boundaries. Name first, second, and even third alternates so the court has clear direction if your top pick cannot serve. Texas law expressly allows alternates in a written declaration. Consider co-guardianship only when appropriate and permitted, such as spouses serving together. A lawyer can advise when a joint appointment is realistic in your case.
Checklist of qualities to look for:
Protect your choice by putting it in a formal legal document, which helps minimize disagreements in the future. For minor children, you can name a guardian in your will or a written declaration, which the court must honor unless the choice is disqualified or not in the child’s best interest. For adults, a declaration of guardian before need arises can name or disqualify people in advance.
Add durable and medical powers of attorney and other recognized alternatives to guardianship to cover financial and health decisions, which can head off future contests.
A Houston guardianship attorney can lead these talks, draft the will, declarations, and powers of attorney, and align everything with court practices and checklists.
While temporary guardianships may be hard to attain, they can often be necessary for some situations. Temporary guardianships are only granted when there is an urgent need to protect the property or person and imminent harm. One example is when a relative takes money from the bank account of the ward without permission. There are many things that a temporary guardianship will require, including substantial evidence of incapacity.
A temporary guardianship may not remain in effect for more than 60 days, except as provided by Estates Code §1251.052. If an application is challenged or contested under §1251.051–.052, the court can maintain temporary protections until the contest is resolved or a permanent order is signed.
Whitney L. Thompson is a top-rated Houston estate planning and guardianship attorney who has helped numerous families navigate child support, divorce, probate, and long-term planning with clarity and compassion. Trained at Thurgood Marshall School of Law, where she served in the wills, probate, and guardianship clinic, Whitney brings hands-on experience to sensitive family matters and the courtroom insight to anticipate issues before they become costly disputes.
As a first-generation college graduate and entrepreneur, Whitney understands how overwhelming legal challenges can feel. She meets clients where they are, offers direct feedback and practical options, and builds plans that protect children, honor loved ones’ wishes, and streamline the road ahead, from prenuptial agreements and comprehensive estate plans to medical powers of attorney for college-age kids.
In 2014, the Judicial Branch Certification Commission (JBCC) replaced the former Guardianship Certification Board. JBCC certifies and regulates private professional guardians, those who provide guardianship services for compensation. Family members and friends serving as guardians are not required to be JBCC-certified, but they must complete JBCC’s online training, pass a background check/fingerprinting, and register the guardianship.
The proper places to file a guardianship application over an adult are the county in which the proposed ward is living, the county in which the proposed ward resides at the moment of filing the application, or the county where the principal property is for the proposed ward. The proper place to file an application for guardianship over a minor is the county in which the parents live or the county in which the parent lives with the child most frequently.
According to Texas laws about guardianship, a guardianship request will usually be handled by the county court in smaller counties. The guardianship applications will be handled by a separate probate court in larger counties. The guardianship is typically administered by the same court until the end. If a ward is transferred, however, to another county or state, the guardianship can also be transferred to the new state.
After a guardianship application has been filed, the court will name an attorney ad litem to represent the ward. According to the Texas Estates Code, the attorney ad litem is responsible for representing the ward. They meet the proposed guardian and the ward before any hearing to discuss legal options.
Experienced Houston attorney Whitney L. Thompson has the knowledge and skills needed to navigate guardianships in Houston. She has helped many families in Texas deal with the process and application of guardianship for their loved ones.
Contact the Law Office of Whitney L. Thompson, PLLC today at (281) 214-0173 to learn more about guardianship or estate planning.
Whether dealing with a child with special needs turning 18 or an individual who lacks the capacity to designate a medical or statutory durable power of attorney, the process for obtaining guardianship is similar.
Additionally, an attorney will be appointed to represent your child or loved one. Your attorney will also ensure a sheriff or constable personally serves all required parties, as specified by the Estates Code. This includes the proposed ward if they are an adult or a minor aged 12 or older. Finally, a guardianship hearing will take place in court. A judge will then weigh the circumstances and make the final decision as to who is most fit to be a guardian. Reach out to us today for a consultation on your guardianship case.
Guardianship proceedings may be necessary to provide protection for a person who has lost the ability to make decisions for themselves. To navigate the steps involved in appointing a guardian for a child, it is crucial to hire a qualified attorney for guardianship. Having a skilled guardianship attorney may be able to help the families weigh their options and choose what is best for their family.
Families may agree on who is best qualified to be guardians. However, there may be a conflict between family members regarding the selection of guardians. Before you hire a lawyer to help with guardianship proceedings, it is essential to understand the process.
Although guardianships can be costly and complicated, they may sometimes prove to be necessary. Guardianship laws were created to safeguard the rights and interests of the ward and establish procedures to ensure that guardians follow the rules. A trusted attorney will be able to help you review them.
What is the role of an attorney in establishing a guardianship?
How do guardians work with law professionals to maintain guardianships?
In cases of incapacity, how do attorneys aid in the process of appointing guardians?
How do attorneys assist with the process of assigning conservators for conservatorships?
What is the difference between conservators and guardians in the context of law?
Can you explain the law procedures behind establishing conservatorships?
What are the responsibilities of a guardian under a guardianship of the person?
How can attorneys assist when a guardian for an incapacitated person needs to be appointed?
What’s the role of attorneys in managing legal guardianship situations?
When might a guardianship transition to a conservatorship under law?
Are there unique challenges that conservators might face while managing conservatorships?
In the context of guardianship of the person, what are the key responsibilities for the appointed guardian?
How can an attorney assist in the process of establishing a guardianship of the person for an incapacitated individual?
Are there unique challenges that conservators and guardians might face while managing conservatorships and guardianship of the person, respectively?
How do lawyers in the field of guardianships and conservatorships prepare to represent their clients in court?
What are the main differences between a guardian and a conservator under the law?
How does the process of establishing a conservatorship differ from obtaining custody in child custody cases?
What role does a conservatorship attorney play in the administration of estates and trusts?
In what circumstances would a conservatorship attorneys recommend adoption as an alternative to guardianship and conservatorship?
What services can conservatorship attorneys offer in terms of representation for potential guardians and conservators?
How does the court decide when a guardian or a conservator is needed for an individual?
What qualifications should conservators have and how are they vetted by conservatorship attorneys?
Are there any specific laws or regulations that govern the work of conservatorship attorneys in guardianship and conservatorship cases?
How do adoptions compare to conservatorships in terms of legal complexity and court involvement?
How do conservatorship attorneys assist conservators in fulfilling their duties and responsibilities under the law?
How can lawyers assist in transitioning from a guardianship to a conservatorship, or vice versa?
What is the role of a conservatorship attorney in the legal process to represent a potential guardian or conservator in court?
How does the law differentiate between guardianship and conservatorship in terms of custody rights and responsibilities?
How can a conservatorship attorney help parents understand their rights and responsibilities in child custody cases?
How do guardians and conservators work together in the administration of a person’s affairs under the guidance of conservatorship attorneys?
What legal resources are available for potential guardians and conservators to understand their roles according to the law?
What are some common issues that conservatorship attorneys encounter when dealing with conservatorships?
How do adoption processes and conservatorships compare in terms of court involvement and representation by lawyers?
What are the key considerations for a conservatorship attorney when dealing with cases that involve both guardianship and conservatorship?
What is the role of a guardianship attorney in court proceedings?
How does an attorney prepare a petition for guardianship and conservatorship?
Can a conservatorship attorney also handle guardianship cases?
What is the process for appointing a guardian and conservator in guardianships and conservatorships?
How does a guardianship attorney represent their client in child custody cases?
What is the difference between adoption and guardianship in the eyes of the law?
Are there specific attorneys who specialize in the administration of guardianships?
What are the responsibilities of a conservatorship attorney in cases of guardians and conservators?
How does representation by attorneys differ in cases of guardianship, conservatorship, and adoption?
In what situations would it be necessary to appoint both a guardian and a conservator?
How can guardianship attorneys assist with adoptions and child custody cases?
What is the role of a conservatorship attorney in the petition process?
How do attorneys handle the representation of guardians in child custody disputes?
Can the same attorney represent both the guardian and the conservator in a case?
What is the role of a guardianship attorney in the administration of a guardianship?
How are attorneys selected to represent parties in guardianships and conservatorships?
What are the common issues resolved by conservatorship attorneys in child custody cases?
How does the law differentiate between guardianship and adoption?
How does the court process work when appointing guardianship attorneys in cases of guardianship and conservatorship?
What are the responsibilities of guardianship attorneys in adoptions?
How can a guardianship lawyer help in establishing guardianships for minors?
What is the role of guardianship lawyers in handling complex guardianships?
How do I choose the right guardianship attorney for my specific needs?
What is the difference between guardianships and custody arrangements, and how can a lawyer help me understand these distinctions?
Can a guardianship attorney assist in challenging or terminating existing guardianships?
When is it necessary to involve multiple attorneys in guardianship cases?
How does a guardianship lawyer handle cases where the potential guardian lives in a different state or country?
What are the typical fees charged by lawyers for their services in guardianship cases?
How can a guardianship attorney help with emergency or temporary guardianships?
How often should I expect to communicate with my lawyer when going through the guardianship process?
Can guardianship lawyers provide advice on alternatives to guardianship if it’s not the best solution in my case?
How do attorneys handle disputes among family members over guardianships?
What kind of continuing education do lawyers undertake to stay updated in the field of guardianships?
What are some common challenges a guardianship attorney may face in guardianship cases?
As a guardianship lawyer, what approaches do you take to handle custody matters relating to guardianships?
Attorney Whitney L. Thompson is a skilled and experienced lawyer for guardianship. Our team of legal professionals can help you learn about the rights and responsibilities that guardians have. We are familiar with the legal and emotional challenges involved in establishing a Texas guardianship. We are ready to help you, no matter if you need to become a guardian of someone else, a guardian of a property, or if you have to challenge an existing guardianship agreement.
The Law Office of Whitney L. Thompson, PLLC, is prepared to help you become a guardian of a person, act as a guardian of a property, or challenge an existing guardianship agreement.
Contact us today at (281) 214-0173 if you need assistance with guardianship issues
