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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. In the city, many elderly persons are unable to make financial or welfare decisions on their own. Others, however, can still manage critical tasks or communicate their wishes.
In the past, care was given to the elderly by relatives or friends. However, there were many reports about abuse and neglect, and financial exploitation. Texas has now established a legal guardianship system. Experienced guardianship attorney Whitney L. Thompson has dealt with many of these cases, and can help families plan the future care of their loved ones.
Our mission at The Law Office of Whitney L. Thompson is to help prospective guardians and their wards navigate the guardianship process. In Houston, guardianship is a process we know well, and are committed to helping our clients get the best outcome.
Contact us at (281) 214-0173 to schedule a consultation for your guardianship or estate planning needs.
Guardianship is the legal vehicle utilized to provide parents of children with special needs the ability to continue to make decisions for their child when the child transitions into adulthood. If you are the parent of a special needs child who is turning 18 soon, it is normal to worry about their future. You’re likely thinking of what will happen once you pass. Who will care for them when you’re not there?
Similarly, guardianship is the appropriate vehicle when you are responsible for an aging parent, grandparent, or family member who lacks the capacity to make decisions for themselves. Their incapacity may be related to their struggle with dementia or a medical condition that has rendered them incapacitated.
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:
Houston guardianships can be complicated. Whether it is for a person or an estate, applying for guardianship has its own challenges. Texas estate planning lawyer Whitney L. Thompson has the knowledge and experience needed to navigate the guardianship law in Texas.
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 partial or complete, depending on what the case requires. A partial guardianship allows the Ward to retain all rights that are not limited by the court.
Guardians is 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.
The guardian may request an order from the court for the guardian’s expanded authority to assist the ward if the capacity of the ward is reduced further. The court appoints the guardian. This means that the guardian must report to the court each year about the health and welfare of the ward, as well as the estate. Any financial transactions or actions taken for the benefit of the ward must be kept by the guardian.
Common misconceptions about the role of guardians are that they can be held responsible for bad behavior. However, this is false. Except where the guardian is personally liable, a guardian cannot be held responsible for bad actions committed by the ward. A guardian does not have to pay for care for the ward with his/her own money.
Guardianship lawyer Whitney L. Thompson and her legal team at the Law Office of Whitney L. Thompson 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.
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 temporary guardianship will require, including substantial evidence of incapacity.
Temporary guardianships usually last up to 60 days unless it is contested. During this time the temporary guardian, or any other interested party, must gather all necessary information to prove to the court the need for a permanent guardian.
Contact our office today at (281) 214-0173 to schedule a consultation.
The Guardianship Certification Board was established by the Texas Legislature in 2005. It serves as a Texas Supreme Court branch. The board established certification standards for private professional guardians and ensures that these requirements are adhered to. The state requires any guardian who is paid monetary compensation to become certified. Before being certified, guardians have to pass an examination. They also need to meet specific educational and work experience requirements.
Guardianship Certification Board requirements do not apply to family members, friends, attorneys, or financial institutions that play the guardian role are exempted from these requirements.
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 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 the child or individual you are seeking guardianship over has been personally served by a constable. 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.
Call (281) 214-0173 to speak with an experienced Houston attorney.
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. She and her team of legal professionals are dedicated to helping you learn about the rights and responsibilities that guardians have. She is familiar with the legal and emotional complexities surrounding the establishment of 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.
Contact us today at (281) 214-0173 if you need assistance with guardianship issues
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The Law Office of Whitney L. Thompson provides legal services in the following counties: Brazoria, Fort Bend, Harris, Matagorda, Montgomery and Wharton.
