Guardianship in Texas
A guardianship is a legal arrangement established when a person—known as the ward—is unable to care for themselves due to a physical or mental condition. When an individual becomes incapacitated, the court may appoint a guardian to make personal, medical, and financial decisions on their behalf.
A guardianship may be necessary when a person can no longer provide for basic needs such as food, clothing, shelter, healthcare, or financial management. At The Law Office of Steve Ortega, PLLC, we assist families throughout Texas with establishing guardianship for loved ones who need legal protection and support.
When Is Guardianship Necessary?
Guardianship may be required when an individual:
-Cannot manage their personal care or medical needs
-Is unable to handle financial matters or estate responsibilities
-Suffers from mental or physical incapacity
-Is vulnerable to exploitation or neglect
Because guardianship significantly impacts an individual’s rights, Texas courts require strict legal procedures and evidence before approving a guardian.
The Guardianship Process in Texas
Establishing guardianship involves several legal steps that must be followed carefully:
Filing an Application – A formal guardianship application is submitted to the probate court.
Medical Evaluation – If incapacity is alleged, a physician’s medical certificate must be filed with the court.
Appointment of an Attorney ad Litem – The court appoints an attorney ad litem to represent and protect the ward’s best interests.
Court Hearing – The probate court reviews evidence and determines whether guardianship is necessary.
Issuance of Letters of Guardianship – If approved, the court issues Letters of Guardianship, which must be renewed periodically.
Missing deadlines or failing to comply with court requirements can delay or jeopardize the case. Our firm helps clients stay on track throughout the entire guardianship process.
Guardianship Arrangements and Legal Roles
Guardianship proceedings in Texas probate court typically involve multiple parties, including:
-The proposed ward, who needs care and protection
-The proposed guardian, who will assume legal responsibility
-The attorney ad litem, who safeguards the ward’s rights
-The probate court, which oversees and approves the guardianship
The proposed guardian may also retain a guardianship attorney to ensure compliance with all legal requirements.
Contesting a Guardianship
A guardianship may be contested at the initial hearing or at any time after it has been established. Challenges may be brought by the attorney ad litem or other interested parties if there are concerns about the necessity, the suitability of the guardian, or the ward’s best interests.
Contesting a guardianship often involves complex litigation and extensive court proceedings. The Law Office of Steve Ortega, PLLC, provides experienced legal representation for individuals seeking to contest or defend a guardianship in Texas.
Legal Help for Guardianship Matters
Guardianships can be legally complex, time-consuming, and costly, but in certain situations, they are necessary to protect a loved one who can no longer care for themselves. Our firm helps clients evaluate alternatives, understand their legal responsibilities, and navigate challenges throughout the process.
Contact The Law Office of Steve Ortega, PLLC today to discuss establishing or contesting guardianship and receive trusted guidance from an experienced Texas guardianship attorney.