If you have been appointed guardian of an individual or an estate, or if you wish to designate a caretaker for a child in the event of incapacitation, you must understand the rights and obligations of a Texas guardian.
A lawyer from Romano & Sumner has the knowledge necessary to assist you in the process of designating or becoming a guardian in Sugar Land. An experienced guardianship attorney can offer guidance and support during the process so that the ward will be provided with everything they need.
The person under the guardianship is called the Ward. A Ward can be a minor or an adult. Generally, when the Ward is an adult, they are incapable of caring for themselves and handling their finances due to age, or they have become incapacitated due to injury or disability. The guardianship can be over the Ward’s person or their estate. A guardian of the person is responsible for the Ward’s well-being, including living arrangements, health and personal care. A guardian of the estate is responsible for managing and maintaining the Ward’s finances and property. In some situations, a temporary guardian may be appointed if the Ward or their estate is in immediate danger.
During the guardianship proceeding, the court will determine if the guardian’s authority over the Ward should be restricted in any way. Generally, a guardianship is highly restrictive and should not be taken lightly. Rights of the Ward like the ability to vote, drive, and get married can be taken away.
Once appointed, the guardian must file detailed reports with the court every year. The yearly reports from the guardian of the person inform the court of the Ward’s physical and mental condition, while the yearly reports from the guardian of the estate must detail and account for every income and expense of the Ward.
There are several different ways in which someone could be designated a Sugar Land guardian. Specific individuals have priority when it comes to choosing a guardian for a child who has not reached the age of legal majority, or for a ward who is a disabled or incapacitated adult.
If it has been previously designated for someone to serve as the guardian of an incapacitated adult, that individual would take the first precedence in receiving guardianship. If the ward is not a legal adult, either one of their living parents, followed by any choice previously named by the child’s parents to serve as guardian, would be given first consideration by the judge to be granted authority.
A person seeking guardianship will be required to submit an application accompanied by extensive supporting documentation and eventually attend a hearing where the judge will enter a final determination. If someone is seeking guardianship of a disabled adult, for instance, they will need to supply records and recent information showing that their prospective ward has been determined incapacitated by a medical professional and requires a guardian’s care.
The local judge will consider the extent of an individual’s disability or incapacitation and whether appointing the applicant as guardian will most aptly serve the personal and financial concerns of the potential ward. If the ward is determined to be incapacitated, whether due to age or infirmity, the court may grant an eligible person guardianship of the individual’s estate or person.
The process of becoming a guardian in Sugar Land can be very difficult. The court will weigh many factors before determining whether to afford you guardianship rights. The best interests of the prospective ward will be of chief concern to the court. If it can be shown that granting this authority would be in the overarching interests of the disabled adult or minor in question, the court may approve the application for guardianship.
If you have questions about applying for guardianship in Sugar Land, lawyers at Romano & Sumner can discuss your concerns and potential next steps in a confidential consultation. Call our office today to book your initial phone appointment with the dedicated legal counsel of Romano & Sumner.
Romano & Sumner, PLLC
