Guardianship
A guardianship is sought when the ward (the person in need of help) becomes incapacitated because of a physical or mental condition. The court will appoint a guardian to the ward. The guardian provides care for the ward who is no longer to care for themselves. The ward would need a guardian if they could not provide for their food, clothing, or shelter, or they can no longer care for their health or handle any personal financial matters or their estate. The Law Office of Steve Ortega, PLLC, has legal experience helping individuals obtain legal guardianship for a loved one.
Guardianship Process
An application for guardianship must be submitted to the court. It requires a detailed certificate that explains the circumstances of the request. If guardianship is requested due to incapacity, a doctor’s medical evaluation must be submitted. Attorney ad litem (attorney who monitors both sides, mainly the ward's interest) is assigned to the case to protect the ward’s rights. If the guardianship is approved, Letters of Guardianship are issued. These letters expire, and the guardian must renew them. It is critical to follow the process and be on time. The Law Office of Steve Ortega, PLLC, can help stay on top of the entire legal process.
Guardianship Arrangements
• Guardianships are formalized in Texas law through probate court. Arrangements involve at least four entities:
• The suggested ward (the person in need of help)
• The proposed guardian (the person who will care for the ward)
• Attorney ad litem (attorney who monitors both sides, mainly the interest of the ward)
• The probate courts
The proposed guardian can also retain a guardianship lawyer to help through the legal process.
Contesting a Guardianship
A guardianship can be contested at the original hearing or some point throughout or after the process. The attorney ad litem or another interested individual may initiate the proceedings. A guardianship contest requires extensive legal proceedings and will need a legal expert to help with the process. The Law Office of Steve Ortega, PLLC, can assist with contesting guardianship to ensure optimal results.
We Can Help with Establishing Guardianship
The Law Office of Steve Ortega, PLLC, can help establish guardianship. Guardianships are complex and costly, but sometimes depending on the circumstances, they are necessary to care for a loved one who can longer care for themselves. There are many legal challenges to guardianship; we can help review these issues with you. Contact our office if you have any questions regarding guardianship.
