Texas Guardianship Attorney

Experienced Texas Guardianship Attorneys. Fleischmann Legal Group provides comprehensive guardianship services for elderly parents and special needs children, including court representation and ongoing support.

Texas Guardianship Law Services

Fleischmann Legal Group's attorneys focus their legal practice on guardianship law, probate law, and estate planning. By focusing on a single area of law, the law office can provide great legal service, personal attention, and affordable fees.

 

What Is Guardianship Law?

When an elderly adult or a young person with special needs has become legally incapacitated, a court can name a guardian for the incapacitated person. The guardian becomes responsible for the care of the incapacitated person (the "ward," in legal terminology).

Guardianship Responsibilities

Becoming a guardian involves taking on a large responsibility and legal duty. For this reason, the courts do not take guardianship lightly. The potential guardian must attend at least one guardianship court hearing, and this requires a guardianship lawyer.

Guardianship For Elderly Parents

When an elderly parent becomes unable to care for herself or himself due to Alzheimer's, dementia, or other mental incapacity, one of the children may seek to become the parent's guardian. Although guardianship may be necessary, the children should first consider the use of a power of attorney document or a Special Needs Trust.

Guardianship For Children With Special Needs

Parents of special needs children may seek guardianship around the time the child reaches age 18. These parents understand that their child will need a legal guardian even as an adult. Consult with a lawyer to discuss guardianship and the alternatives, such as a Special Needs Trust (or "§ 867 Trust").

Guardianship Consultation

Schedule a consultation with a guardianship attorney to help weigh the pros and cons of obtaining guardianship. The attorney may recommend a more affordable and less burdensome alternative to guardianship.

Court Representation

Professional representation at guardianship hearings. The guardianship attorney will file for a guardianship hearing and represent you before the probate court.

Ongoing Support

After the initial guardianship hearing, assistance with annual reports and ongoing legal requirements for guardians.

Legal Documentation

Assistance with preparing all necessary legal documents for guardianship proceedings and ongoing compliance.

How To Obtain Guardianship

Contact a guardianship law office to schedule a free consultation. Discuss the alternatives, such as a trust or power of attorney. If guardianship is the best legal option for your situation, the guardianship attorney will file for a guardianship hearing.

Before the guardianship hearing at the probate court, the court will hire an independent attorney ad litem to satisfy the court that guardianship really is in the ward's best interest.

 
Free Consultation Available

Schedule a free consultation with North Texas guardianship attorneys by calling (817) 779-4070 for the Mansfield office, (214) 302-8197 for the Richardson office, or by using the online contact form.

Guardianship Legal Process

Becoming a guardian involves taking on a large responsibility and legal duty. For this reason, the courts do not take guardianship lightly. The potential guardian must attend at least one guardianship court hearing, and this requires a guardianship lawyer. Guardianship law is handled by the probate courts, and these courts have well-established systems for handling guardianship matters:

1

Initial Consultation

Schedule a consultation with a guardianship attorney to help weigh the pros and cons of obtaining guardianship and explore alternatives.

2

Court Hearing

At the hearing, the proposed guardians, the guardianship attorney, and the attorney ad litem will testify to the judge that guardianship is necessary.

3

Ongoing Responsibilities

After the initial guardianship hearing, the guardian must file a report with the court annually, or more if there are changes in the ward's situation.

4

Long-term Commitment

The process of becoming legal guardian is relatively quick, but becoming a guardian is a long-term commitment with ongoing responsibilities.

When Guardianship May Be Necessary

When an elderly adult or a young person with special needs has become legally incapacitated, a court can name a guardian for the incapacitated person. The guardian becomes responsible for the care of the incapacitated person (the "ward," in legal terminology):

When to Consider Guardianship:

  • Elderly parent with Alzheimer's or dementia
  • Adult child with special needs requiring ongoing care
  • Incapacitated person unable to make decisions
  • Need for legal authority to make medical or financial decisions
  • Court-appointed guardian required by law

Need Help with Texas Guardianship?

Don't navigate guardianship law alone. Contact Fleischmann Legal Group today to schedule your free consultation and get expert guidance for your guardianship case.

Schedule Free Consultation
Frequently Asked Questions

How much does guardianship cost?

Guardianship costs vary depending on the complexity of the case. Contact us for a free consultation to discuss your specific situation and legal fees.

Why do I need a guardianship attorney?

Guardianship law is handled by probate courts with well-established procedures. An experienced attorney ensures proper filing and representation at hearings.

What are the ongoing responsibilities of a guardian?

Guardians must file annual reports with the court, manage the ward's finances responsibly, and notify the court of any significant changes in the ward's condition or circumstances.

What alternatives to guardianship should I consider?

Before pursuing guardianship, consider less restrictive alternatives like power of attorney documents, Special Needs Trusts, or supported decision-making arrangements.

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