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What Is Guardianship?

Guardianship is a court-supervised administration where one person, the guardian, is appointed to manage the finances and day to day affairs of an incapacitated person, called the ward.  In Texas there are three types of people who are considered incapacitated.  These three types are minor children under the age of 18 who have not been emancipated, adults who, because of a mental or physical condition, are substantially unable to provide or care for themselves, and people who must have a guardian appointed to them to receive funds from any government source.

In Texas, there are two types of Guardianship.  The first type is called the guardian of the person.  This guardian takes care of the physical well being of the ward.  The second type is called the guardian of the estate.  This guardian manages the property and finances of the ward.  In most cases both a guardian of the person and a guardian of the estate are assigned to a ward.  Typically the guardian of the estate and the person are the same individual.

Why Do I Need An Attorney To Establish A Guardianship?
Guardianship proceedings can be complex and tedious, especially for someone not familiar with their county court's document requirements and document filing procedures.  In fact, having an attorney complete your guardianship documents and attend guardianship hearings is mandated in some Texas counties.  If you need assistance creating a new guardianship or maintaining an existing guardianship, please contact us.  Our attorneys are trained and certified to handle all types of guardianship proceedings, including court appointed ad litem cases.