Some people need help managing their daily affairs because of their age, a disease, or an injury they have suffered. If this happens, a court of law may appoint a guardian for them. A guardian can be essential for helping someone live a comfortable, safe life when they cannot manage their daily affairs on their own. It can also protect them from abuse or neglect that they might otherwise suffer. If you are looking for an attorney to help you with a guardianship, the attorneys at Scroggins Law Group, PLLC are experienced, trustworthy, and ready to help.
Guardian and ward are legal terms used to indicate the relationship between someone who protects another (the guardian) and the person being protected (the ward). In Texas, the process to appoint a guardian includes:
- Filing an application with a court;
- Having a hearing before a judge; and
- Having a judge appoint a guardian, if it is found that one is needed.
Because having a guardian takes away a person’s rights, it should be the last and the best choice to protect someone. It should be carefully and thoughtfully considered and only done if necessary, to protect that person. Appointing a guardian can be a big undertaking and responsibility but is sometimes the best option available for a loved one. It is often, although not always, a gradual process that leads to the need for a guardian. Less restrictive alternatives should be tried first. Before asking a court to appoint a guardian, other options usually tried include, but are not limited to:
- Finding someone to help the person pay their bills and manage their money;
- Finding someone to help the person make decisions, including health care decisions; and
- Enrolling the person in available community services, including Medicaid programs.
Being named a guardian will allow you to provide care for your ward. It can also allow you to make financial, legal, and medical decisions for your ward. Once a guardian is appointed, it often becomes permanent. However, if things change significantly, a judge can decide a guardian is no longer needed. The attorneys at Scroggins Law Group, PLLC can help you with this, if you are in a situation where a guardian is no longer needed.
The court decides many things regarding guardianship. They can decide if there should be limits placed on a guardian’s authority and how much freedom, if any, a ward should have to make their own decisions. Several legal responsibilities come with being appointed a guardian. Guardians are required by the court to perform certain tasks. There are many benefits for someone in need to have a guardian. Guardians are extremely helpful when it comes to the personal and/or business affairs of their wards. They are advocates for their wards and look out for their ward’s best interests. They can make decisions such as where the guardian will live, what medical treatment they will receive, and who can visit or have access to the ward.
Since guardianship is a legal process, it would be extremely beneficial to have a competent attorney on your team. They can guide you through the process and counsel you on how to best achieve your goals. A guardian is required to meet certain legal responsibilities established by the court. Reports and accounting to the court are often required annually or on a schedule set by the court. The guardian may also be required to seek the court’s approval for certain decisions regarding their ward.
If you are contemplating becoming a guardian, or have someone in your life who you believe needs a guardian call our law firm today at 214-469-3100 to schedule an initial consultation. You can speak to a knowledgeable, passionate, expert attorney in person, on the phone, or through video conferencing platforms such as Zoom, Skype, or FaceTime. They will be happy to answer any of your questions. Our attorneys are here to help guide you through the guardianship process. Scroggins Law Group, PLLC routinely assists clients throughout Collin County, Dallas County, Denton County, and Tarrant County and are well versed in the policies and procedures of those courts.