In Texas, the appointment of a guardian is a legal process that is governed by the Texas Probate Code. The primary goal of this process is to ensure that the best interests of the person who is unable to care for themselves, known as the “ward,” are protected. The appointment of a guardian is often necessary when a person is unable to make decisions for themselves due to incapacity, disability, or age.
Determining Incapacity
The first step in the appointment of a guardian in Texas is to determine if the person in question is in fact incapacitated. This determination is made by a court-appointed physician or psychologist, who will evaluate the person and provide a report to the court. The report will detail the person’s physical and mental condition, and make a recommendation as to whether or not they are capable of making decisions for themselves.
Choosing a Guardian
Once it is determined that the person is incapacitated, the next step is to determine who will serve as the guardian. The court will consider several factors when making this decision, including the preference of the ward, the qualifications of potential guardians, and any conflicts of interest that may exist. The court will also take into account the ward’s relationships with potential guardians, and will consider the ability of the potential guardian to provide for the ward’s needs.
Family vs Professional Guardians
In Texas, the court has the discretion to appoint either a family member or a professional guardian to serve as the ward’s guardian. Family members are often preferred, as they are familiar with the ward’s needs and preferences, and can often provide a more personal level of care. However, if a family member is unable or unwilling to serve as the guardian, the court may appoint a professional guardian. Professional guardians are typically individuals or organizations that are licensed by the state to provide guardianship services. They are often experienced in working with incapacitated individuals, and can provide a high level of care and support.
Responsibilities of a Guardian
Once a guardian has been appointed, they will be responsible for making decisions on behalf of the ward, including decisions related to healthcare, housing, and financial matters. The guardian will also be responsible for ensuring that the ward’s needs are met, and will be required to provide regular reports to the court on the ward’s condition and the guardian’s actions.
Conclusion
In conclusion, the appointment of a guardian in Texas is a serious and important process that is governed by the Texas Probate Code. It is designed to ensure that the best interests of the ward are protected, and that the ward receives the care and support that they need. The court has the discretion to appoint either a family member or a professional guardian to serve as the ward’s guardian, and will take into account the ward’s needs, relationships and preferences before making a decision. Once appointed, the guardian will be responsible for making decisions on behalf of the ward and ensuring that the ward’s needs are met.
Do you need to hire an Experienced Probate Attorney to help?
There are many benefits to hiring an experienced probate attorney to help with the guardianship process in Texas. An attorney can help ensure that the legal process is followed correctly and can provide valuable guidance and assistance throughout the guardianship proceeding. Additionally, an attorney can help protect the rights of both the proposed ward and the proposed guardian and can provide representation in court if necessary.
Call us for a FREE attorney consultation at (469) 895-4333.
