Wills | Trusts | Estate Planning | Probate | Guardianship
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Guardianship Attorney in Dallas, TX
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When the unexpected occurs, families are forced to face the tough decisions about how to care for their loved ones. Fortunately, guardianship provides a legal solution that ensures the right person is put in place to handle matters in a way that looks after your best interests.
Our experienced guardianship attorneys serve families in Dallas who must navigate this process with care and understanding. We handle everything from filing the necessary paperwork to representing clients in court. Our team offers personalized guidance every step of the way to ensure that your family’s needs are met, and your loved ones are protected.
“Estate planning isn’t just for the wealthy, it’s for everyone, everyone who wants to protect their family and prepare for the future".”
Guardianship for Minor Children
Guardianship for minor children is essential when unforeseen circumstances have caused a parent to no longer able to care for their child. This might be due to illness, incapacitation, or other unforeseen circumstances. To ensure stability and continuity in the child’s life, the newly appointed guardian will have the legal authority to make critical decisions regarding the child’s education, medical care, and daily needs.
The Guardianship Process
The guardianship process involves several legal steps that ensure the well-being of the individual under protection. Starting with filing a petition, followed by a court investigation and hearing, this process evaluates the suitability of the proposed guardian and determines whether guardianship is in the individual’s best interest.
Guardianship Contests
Family dynamics can sometimes complicate guardianship cases. Disputes may arise regarding who should be appointed as the guardian or whether guardianship is necessary at all. Guardianship contests are legal disputes where family members, or other interested parties, challenge the proposed guardianship arrangement.
Filing The Reactive Guardianship Application
In some situations, families find themselves needing to file a reactive guardianship application due to a sudden accident, illness, or incapacity. These emergencies often require quick legal action to secure guardianship, as time becomes a critical factor in ensuring the individual’s safety and well-being.
Commencement of Court Investigations
Once a guardianship petition is filed, the court initiates an investigation to assess the suitability of the proposed guardian. This includes interviews with family members, teachers, or healthcare providers, and an evaluation of the proposed guardian's relationship with the individual needing care.
Commencement of Court Hearings & Disposition of Cases
After the investigation, the case moves into the court hearing phase, where a judge reviews all the gathered evidence and listens to testimonies from the family, the proposed guardian, and other stakeholders. Based on this information, the judge either approves or denies the guardianship request.
Alternatives to Guardianship
While guardianship offers a comprehensive solution, it is not always the best fit for every situation. Alternatives such as Power of Attorney, Conservatorship, and Joint Custody Agreements provide other ways to manage a loved one’s affairs without the need for full guardianship.
Power of Attorney
Ideal for adults who need assistance with specific tasks but retain the capacity to make decisions.
Joint Custody
Parents can plan ahead for their children, appointing someone to care for them if both parents become unavailable.
Guardianship offers a critical layer of protection for loved ones who are unable to care for themselves, whether due to age, illness, or unforeseen circumstances. By understanding the guardianship process, exploring alternatives, and being prepared for potential contests, families can ensure that their loved ones receive the care and attention they need. Each step—from filing the petition to the court’s final decision—is an opportunity to safeguard the future of those who matter most.
If you're considering guardianship for a loved one, don’t wait until a crisis arises. Contact our experienced guardianship attorneys in Dallas today to discuss your options. We are here to guide you through the process, answer your questions, and provide the legal support needed to protect your family. Call now to schedule a consultation and take the first step in securing your loved one’s future.
Conservatorship
This option allows someone to manage another's financial affairs but does not extend to personal decisions like healthcare.
Areas of Practice
Probate refers to the legal process of administering a deceased person's estate. The court reviews the will to determine if it is valid and provides a final ruling on the division and distribution of assets to heirs and beneficiaries based on the will. If a person dies intestate, or without a will, the court divides the estate according to state law. LEARN MORE
A guardianship typically involves the appointment of someone to manage the medical and physical care of a person with limited capacity such as a special needs child or a person with physical or intellectual disabilities. A conservatorship is a court order that appoints someone to oversee the financial affairs of a minor or a person who is incapacitated. One person can serve in both roles. LEARN MORE
A will and last testament form the foundation of an estate plan and are the key instrument used to ensure that the estate is settled in the manner desired by the deceased. While there is more to an estate plan than just a will, it is the presiding document the probate court uses to guide the process of settling an estate. LEARN MORE
Like a will, a trust provides for distribution of assets based on the deceased’s wishes. But unlike a will, a trust can protect assets from creditors and avoid taxes and the cost of probate. It can provide for control and future direction of assets long after the deceased person’s passing. Special needs trusts can permit a disable child or parent to receive income from the trust while still retaining public disability benefits like Medicaid. LEARN MORE
Everyone has an estate, it’s everything you own, your home, your accounts, your cars, and you probably have very specific ideas where and to whom you want your money to go after you pass. Because if you don’t, the state will be very happy to tell you exactly where your money will be going, and you and your heirs may not like it. Take charge of your estate. LEARN MORE
“Someone’s sitting in the shade today because someone planted a tree a long time ago.”
Warren Buffet
Frequently Asked Questions:
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In Dallas, any responsible adult, such as a family member, friend, or attorney, can be appointed as a guardian if they meet the legal requirements.
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The process can take several months, depending on the complexity of the case and the court's schedule.
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Yes, Texas law requires that guardianship proceedings in Dallas County be represented by an attorney.