Wills | Trusts | Estate Planning | Probate | Guardianship
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Guardianship Attorney in Ft Worth, TX
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Life often brings unexpected circumstances where a loved one, whether a minor or an adult with diminished capacity, may need someone to step in and make decisions on their behalf. When these situations arise, guardianship can provide the legal framework to protect the individual’s best interests. The legal process can be complicated, and it’s important to understand the various types of guardianship and the role of an attorney in ensuring a smooth process.
In Fort Worth, Texas, working with an experienced guardianship law firm can help families make the best decisions for their loved ones. Whether you're protecting a child's future or ensuring an incapacitated adult is cared for properly, knowing your options is crucial.
“Estate planning isn’t just for the wealthy, it’s for everyone, everyone who wants to protect their family and prepare for the future".”
How Does An Attorney Help When You Need Guardianship or Conservatorship?
Seeking guardianship or conservatorship is a complex legal process that requires careful attention to detail. Our firm can be an invaluable resource throughout this journey. We’ll:
● Provide guidance on which type of guardianship fits your situation
● Assist in preparing and filing the necessary paperwork
● Represent you in court hearings
● Ensure that all legal requirements are met, from medical certifications to court notifications
Having us by your side ensures that you avoid common mistakes that could delay or complicate the guardianship process.
Filing For Guardianship in Ft Worth, TX
Application
The process begins with filing an application in the appropriate Texas court. The application includes detailed information about the person needing guardianship and why it's necessary.
Filing
After gathering all the required documentation, including the physician’s certificate, everything is filed with the court. The court will then schedule hearings and start reviewing the case.
PCME
If you're seeking guardianship due to a medical issue, such as dementia or other incapacities, a physician must examine the potential ward and provide a detailed report (PCME).
Attorney ad Litem
In some cases, the court may appoint an Attorney ad Litem to represent the best interests of the person who may be placed under guardianship. This attorney ensures that the person’s rights are protected throughout the legal proceedings.
Service
Once the application is filed, legal services must be provided to all interested parties, including the person who would be placed under guardianship (the ward).
Notice To Ward
The court ensures that the person who would be placed under guardianship is officially notified of the proceedings. This gives them a chance to contest or raise any concerns about the process.
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
Alternatives to Guardianship
Because legal guardianship significantly limits a person’s rights, courts are required to explore alternatives which may include:
Medical Powers of Attorney
A medical power of attorney allows someone to make healthcare decisions for an individual who is unable to do so. It’s a less restrictive option compared to guardianship and provides flexibility in handling medical matters.
Statutory Durable Powers of Attorney
A statutory durable power of attorney allows an individual to name someone to handle financial decisions on their behalf. This option can be used for individuals who are mentally competent but need help with managing their finances.
Establishment of a Joint Bank Account
Setting up a joint bank account with a trusted family member or caregiver can help manage finances without the need for a full guardianship. This option can provide immediate access to funds without removing a person’s legal rights.
Creation of a Management or Special Needs Trust
If the individual has significant financial assets, creating a management or special needs trust can ensure that their financial affairs are handled responsibly. This option allows the assets to be managed by a trusted third party while still allowing the person to benefit from the funds.
Designation of Guardian Before the Need Arises
This legal tool allows an individual to designate who they want to serve as their guardian in the future, should the need arise. It gives them control over the process before they lose the ability to make decisions.
Each guardianship case is unique, and the needs of the individual must be carefully considered before making any decisions. Speaking with our knowledgeable attorney ensures that you explore every option, from full guardianship to less restrictive alternatives, and that you find the best solution for your loved one’s circumstances.
Choosing the right type of guardianship or exploring alternatives can be a complex and emotional process, but having the right support makes all the difference. Call us to schedule a consultation and take the first step towards securing the best possible future for your family.
Frequently Asked Questions:
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A guardian must be at least 18 years old, a resident of Texas, and must not have a felony conviction. The court will also consider the person’s ability to manage the ward’s affairs.
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The length of the process can vary based on the complexity of the case and the court’s schedule, but it generally takes several months.
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Yes, a guardian may be entitled to reasonable compensation for their services, subject to court approval.