San Angelo Family Lawyers – 325.600.4319
Many people in Texas will encounter a person with a disability that makes
it difficult or impossible for that individual to manage his/her personal
and/or financial affairs. Common examples are young children, adults with
special needs, or adults suffering from mental or physical decline. In
order to help these individuals continue to enjoy a safe and comfortable
life, it may be necessary to establish a guardianship to provide for that
Smith Rose Finley and our guardianship attorneys specialize in determining
whether a guardianship is appropriate, establishing necessary guardianships
and helping the guardian manage the guardianship. Our team is comprised
of attorneys who specialize in different areas of law, making our firm
uniquely situated to handle almost all matters which can affect a guardianship.
Contact our law firm
to discover the Smith Rose Finley difference.
Three Key Considerations for Guardianship Cases in Texas
According to the Office of the Texas Governor, there are three considerations
a court will weigh when choosing or approving guardianship over a dependent
individual. The same concepts are used whether you apply for guardianship
voluntarily, or if you are naming a guardian.
Three questions to ask when assigning guardianship are:
How incapacitated or dependent is the ward?
The ward is the legal term for the person who requires the support or
supervision of the guardian. The court will first see if the need for
guardianship is even necessary based on the dependence or mental or physical
incapacitation of the ward.
Is the guardianship therefore necessary?
Guardians appointed pursuant to guardianship proceedings in the State
of Texas can be appointed as a guardian of the person or the estate or
both, depending on the needs of the ward. There are instances when only
one type of guardianship is necessary.
Is the guardian the best match for the ward?
If the court sees guardianship as necessary based on the needs of the
ward, then it will try to determine if the proposed guardian is actually
the best candidate for the responsibility. The person history of the ward,
the guardian, and how they have interacted will be closely examined.
Guardianships Established for Your Own Care
It is important to realize that guardianships in Texas can be created in
your own name. That is to say, you may use your
estate plan to assign a guardianship for your care after you become incapacitated.
As not everyone has adult dependents or young children, guardianships
established for this reason are quite common. You should only choose a
ward you trust to manage your business, estate, healthcare, finances,
and other important matters in the event you become incapacitated.
Comprehensive Legal Service for All Guardianship Cases
No matter what your situation is and whether the facts show that a guardianship
is warranted, you can count on our San Angelo guardianship attorneys and
estate planning attorneys to consult with you and determine the best course
of action. We pride ourselves on our ability to simplify complex legal
topics to benefit our clients and better seek the resolutions they desire.
To get 65+ years of collective legal experience by your side, call
schedule an appointment with our firm.