“Legal Guardianship is a complex procedure and process without legal counsel. Don’t go it alone, consult with the experienced and knowledgeable attorneys at Romano & Sumner to help you navigate.”
Estate Planning Lawyers Assisting Families with Guardianship Matters throughout Eastern Texas including the Sugar Land and Houston Areas
Guardianship administration involves court-supervised care of an incapacitated individual or a minor. The person appointed by the court to oversee the care required is referred to as the “guardian,” and the person so cared for is called the “ward.” When considering guardianship in Texas, having the best guardianship lawyer is critical.
The following components should be considered by you and your guardianship attorney:
- What does it mean to be “incapacitated?”
- “Incapacity” of a minor
- Types of Guardianships
- Evidence Required to Prove “Incapacity”
See below for more explanation.
The guardianship attorneys at Romano & Sumner cover all of the aspects in the guardianship process for you and your loved ones.
What does it mean to be "incapacitated"?
Texas Laws have strict guidelines that are followed in order to determine whether or not a person is “incapacitated”. Under Texas law, an adult is considered “incapacitated” if that person, due to a physical or a mental condition, is: (a) substantially unable to provide food, clothing, or shelter for himself or herself; (b) substantially unable to care for his or her own physical health; or (c) is substantially unable to manage his or her own financial matters.
"Incapacity" of a minor
A “minor,” under Texas law, is defined as a person younger than 18 years old who has never been married. An exception may apply if the court “removed,” by judicial action, the status of that person as a minor. Technically, Texas law considers a minor to be “incapacitated,” absent any such exception. You should consult an attorney experienced in Texas guardianship for further clarification on this complicated issue. Please reach out to Romano & Sumner as your guardianship Attorney in Sugar Land.
Types of Guardianships
There are two types of guardianship in Texas: (1) guardianship of the person and (2) guardianship of the estate. “Of the person” means taking care of the physical well-being of the ward. “Of the estate” means taking care of the ward’s property, assets, and business interests. One or both types of guardian may be appointed. If both are appointed, that person may be the same individual. Typically, this is the case. In other circumstances, there may be an individual person appointed for each type of guardianship.
Evidence Required to Prove "Incapacity"
Incapacity, by definition of Texas law, must be proven. The legal standard is “clear and convincing evidence,” a very high standard to meet. If the ward is not a minor, a doctor must examine the proposed ward and file a certificate with the court based upon that examination. This must be done within very time specific guidelines. Should the court find it necessary to appoint a guardian, Texas law provides a priority list of who should be appointed based upon family relationships.
Contact our offices to discuss what type of guardianship you may be in need of and let us help you work through the legal process.
For legal advice, do not hesitate to contact the experienced guardianship attorneys at Romano & Sumner today. The initial consultation is free, so please call us at 281 242-0995 or contact our Sugar Land law offices.
Romano & Sumner, LLC is proud to serve these Texas areas
Cities / Suburbs:
The Woodlands | Sugar Land | Baytown | Conroe | Katy | Friendswood | Pearland | League City | Richmond | Rosenberg | Spring | Humble | Kingwood | Clear Lake City | Stafford | Jersey Village | Cypress | Missouri City
77478 | 77479 | 77487 | 77496 | 77498 | 77459 | 77489
Harris County, Fort Bend County, and surrounding counties