As people age, their ability to care for themselves independently or make sound financial decisions can be compromised. Some people may develop a cognitive decline condition, while others may be physically frail and no longer able to live independently without help. Elderly and infirmed people and their families have many options for care or oversight, one of which is legal guardianship.
A Guardianship attorney in Texas assigns one person the responsibility for another person’s physical care and decision-making authority for that person’s care or finances. For example, if your elderly loved one develops dementia, they may not be able to make sound financial choices, which could cause them to lose their retirement savings or even their home. Or, perhaps, your loved one suffered a stroke and cannot perform daily living tasks without assistance. In both of these cases, guardianship may be the best vehicle to ensure that these people are safe and cared for.
Guardianships eliminate contention or conflict over making choices on behalf of another person. The guardian ensures that their ward has safe housing, their personal needs are met, and their finances are properly managed to pay their accommodations and other bills.
What Does a Dallas Area Guardianship Attorney Do, and Why?
A guardianship attorney in Dallas, Texas, is a legal advocate for families seeking guardianship, and the potential beneficiary of the guardianship, is called the ward. Guardianship lawyers often specialize in family and elder law and understand the fiduciary responsibilities of the guardian for their ward. Your lawyer will help you understand the process for petitioning for guardianship and draft your court documents.
The process for obtaining a guardianship is fairly simple:
- File a petition for guardianship with the court
- Attend a hearing, along with the ward, and state why the guardianship is necessary
- The judge appoints a guardian
However, because guardianship puts significant restrictions on an individual’s agency, the qualification threshold is fairly strict. The potential beneficiary often undergoes a medical evaluation to ascertain if they truly cannot care for themselves. The guardian must demonstrate that they have the ward’s best interests at heart and are responsible enough to make decisions regarding their medical care, finances, or both.
Your Dallas guardianship lawyer guides you through the court process and argues on your behalf at the hearing. They can also help arrange for evaluation for your loved one or present other options for your family instead of formal guardianship.
What are the Signs That My Loved One Needs a Guardian?
Guardians are appointed for minor children who do not have a legal caregiver or for adults who cannot care for themselves. A guardianship may be a consideration for someone who:
- Is under 18 and has no legal parent (Biological, adoptive, or step)
- Is an adult with special needs who cannot care for themselves
- Is an elderly individual who cannot live alone
- Is in cognitive decline and unable to make sound or responsible decisions for themselves or their finances
If you notice an older loved one making unusual spending choices or sending money to someone you don’t know, they may need a financial guardian. Or, if you are entrusted with the care of a special needs adult, a legal guardian can manage their finances and work with their treating physicians to make medical decisions.
Do You Need a Guardianship Attorney in Dallas, TX?
If you’re concerned that a loved one cannot care for themselves or is showing signs of dementia, we can help. Krupa Downs Law is a legal team focused on family and elder law and provides legal guardianship representation for families in the metroplex. We work with you to understand the requirements for guardianship and your responsibility for your ward. Asking for guardianship is a difficult and sometimes emotional decision. We are here for your family every step of the way.
