Guardianship Attorney in Houston, Texas
Practice Areas
All over the country, there is an increase in the life expectancy of elderly people. Over the past two decades, this has led to a surge in demand for guardianship. Houston is not an exception. Guardianships serve to help older adults who can no longer make financial or personal care decisions on their own, but it can also be helpful for others who can still handle key tasks or clearly share their wishes.
To protect the rights of vulnerable seniors, Texas has strengthened protections due to past reports of abuse, neglect, and financial exploitation. Today, the Judicial Branch Certification Commission (JBCC) certifies private professional guardians. Courts also require the exploration of less restrictive options before approving a guardianship. If you are weighing applying for a Texas guardianship for a parent, spouse, or loved one, you should know you have options, including special needs guardianship when a disability is involved.
Houston guardianship attorney Whitney L. Thompson has handled many of these cases and can guide you through each step. You can get clear answers in plain language. You can also get a plan that matches your loved one’s abilities and needs.
At The Law Office of Whitney L. Thompson, PLLC, our mission is simple. We can help you protect the person you care about while respecting their independence as much as possible. We know the Houston process well, and we can work to get you the most favorable outcome. If you are ready to talk, Whitney L. Thompson and our team are here to help. Contact us to schedule a consultation for your guardianship or estate planning needs.
What is a Guardianship?
Guardianship is a legal tool that lets you keep making decisions for your child after they turn 18. If your child has special needs and adulthood is around the corner, it is normal to worry about what comes next. You want to know who will care for them when you cannot. You are not alone.
Guardianship can also help when you look after an aging parent, grandparent, or another family member who cannot make decisions on their own. It allows people to take care of their loved ones when they are unable to care for themselves. Guardianship gives individuals a clear way to step in, with the added protection of oversight and certifications.
As the guardian of the person and/or estate, you or your designated appointee will make decisions for your loved ones’ personal or financial affairs. While there are limits to what a guardian can do, they can help with the following:
Paying bills
Managing money
Making healthcare decisions
Guardianship in Houston comes with rules and steps that can feel overwhelming. Applying for guardianship of a person or an estate takes careful work. Texas estate planning lawyer Whitney L. Thompson has the knowledge and experience to help you move forward with confidence.
Types of Guardianship in Texas
A court can establish different types of guardianships, such as Guardianship for the Person, Guardianship for the Estate, or Guardianship for both the person and the estate.
Guardianship of the person: This guardianship is designed to provide support for Ward’s physical, mental, social, educational, and psychological needs.
Guardianship of an Estate: This guardianship is designed to protect and manage the finances and assets of a Ward.
Guardianship of the Person & the Estate: A guardianship that is designed to protect and manage the financial, physical, educational, and psychological needs of Wards.
Minor Guardianship: A guardianship of a child which may also include inheritance from the parents, such as real estate and life insurance.
These guardianships can be either limited or full, depending on what the case requires. A limited guardianship allows the ward to retain all rights not specifically removed by the court.
Type | Description | Notes |
|---|---|---|
Guardianship of the person | Authority over healthcare, living arrangements, education, daily care, and psychological needs. | May be limited or full. |
Guardianship of an Estate | Manages financial matters such as assets, property, bills, and investments. | Requires annual accountings. |
Guardianship of the Person & Estate | Combined authority over both personal and financial matters. | Used when ward lacks capacity in both. |
Minor Guardianship | Guardianship of a child, including care and management of inherited assets. | Ends at age 18. |
The Role of a Guardian in Texas
Guardians are responsible for protecting the estate and guarding the ward to the extent allowed by law. Keep in mind that guardians have limited powers and responsibilities and cannot do anything that was not authorized by the court when they were appointed.
A guardian may request an order from the court for additional authority to assist the ward if the ward’s capacity declines. The court appoints the guardian. This means that the guardian must file annual reports on the ward’s health and welfare, and a guardian of the estate must file detailed accountings of financial transactions as required by the Estates Code.
People sometimes assume guardians are automatically responsible for a ward’s wrongful acts. In Texas, a guardian is not personally liable to third parties solely because of the appointment and is generally not liable for the ward’s bad acts unless the guardian is independently negligent or contractually obligated. A guardian is also not required to pay for the ward’s care with the guardian’s own funds.
Guardianship lawyer Whitney L. Thompson and our legal team at The Law Office of Whitney L. Thompson, PLLC, are experienced in helping families deal with guardianship. We dedicate our time and effort to making sure our clients are treated with care during the process. We can help with your Texas guardianship needs.
How to Choose the Right Guardian for your Situation
Choosing the right guardian starts with fit and clarity. Think about who shows up for your family today and who can make sound decisions tomorrow. In Texas, the court may appoint a guardian of the person and/or a guardian of the estate. Joint appointments are allowed in limited situations, most commonly for spouses. In specific circumstances, parents who were joint managing conservators of an adult child may be appointed together if it serves the ward’s best interests.
Have real conversations. Talk through day-to-day expectations, school or medical choices, faith or cultural traditions, and money boundaries. Name first, second, and even third alternates so the court has clear direction if your top pick cannot serve. Texas law expressly allows alternates in a written declaration. Consider co-guardianship only when appropriate and permitted, such as spouses serving together. A lawyer can advise when a joint appointment is realistic in your case.
Checklist of qualities to look for:
Stable home, time, and willingness to serve
Shared values and parenting style
Good health and emotional steadiness
Financial responsibility or willingness to work with a separate guardian of the estate
Proximity to schools, doctors, and your support network
Clean background and eligibility under Texas law, with no conflicts of interest
Protect your choice by putting it in a formal legal document, which helps minimize disagreements in the future. For minor children, you can name a guardian in your will or a written declaration, which the court must honor unless the choice is disqualified or not in the child’s best interest. For adults, a declaration of guardian before need arises can name or disqualify people in advance.
Add durable and medical powers of attorney and other recognized alternatives to guardianship to cover financial and health decisions, which can head off future contests.
A Houston guardianship attorney can lead these talks, draft the will, declarations, and powers of attorney, and align everything with court practices and checklists.
Temporary Guardianship
While temporary guardianships may be hard to attain, they can often be necessary for some situations. Temporary guardianships are only granted when there is an urgent need to protect the property or person and imminent harm. One example is when a relative takes money from the bank account of the ward without permission. There are many things that a temporary guardianship will require, including substantial evidence of incapacity.
A temporary guardianship may not remain in effect for more than 60 days, except as provided by Estates Code §1251.052. If an application is challenged or contested under §1251.051–.052, the court can maintain temporary protections until the contest is resolved or a permanent order is signed.
Texas Guardianship Certification & Registration
In 2014, the Judicial Branch Certification Commission (JBCC) replaced the former Guardianship Certification Board. JBCC certifies and regulates private professional guardians, those who provide guardianship services for compensation. Family members and friends serving as guardians are not required to be JBCC-certified, but they must complete JBCC’s online training, pass a background check/fingerprinting, and register the guardianship.
The Guardianship Court Filing Process
The proper places to file a guardianship application over an adult are the county in which the proposed ward is living, the county in which the proposed ward resides at the moment of filing the application, or the county where the principal property is for the proposed ward. The proper place to file an application for guardianship over a minor is the county in which the parents live or the county in which the parent lives with the child most frequently.
According to Texas laws about guardianship, a guardianship request will usually be handled by the county court in smaller counties. The guardianship applications will be handled by a separate probate court in larger counties. The guardianship is typically administered by the same court until the end. If a ward is transferred, however, to another county or state, the guardianship can also be transferred to the new state.
After a guardianship application has been filed, the court will name an attorney ad litem to represent the ward. According to the Texas Estates Code, the attorney ad litem is responsible for representing the ward. They meet the proposed guardian and the ward before any hearing to discuss legal options.
Experienced Houston attorney Whitney L. Thompson has the knowledge and skills needed to navigate guardianships in Houston. She has helped many families in Texas deal with the process and application of guardianship for their loved ones.
How the Guardianship Process Works
Whether dealing with a child with special needs turning 18 or an individual who lacks the capacity to designate a medical or statutory durable power of attorney, the process for obtaining guardianship is similar.
Hire an attorney to assist you. Most Texas probate courts require applicants to be represented by a licensed attorney because an applicant is effectively acting on behalf of another person’s interests.
Acquire a Physician’s Certificate of Medical Examination (PCME) based on an exam dated no earlier than 120 days before the application is filed.
Submit an Application for Appointment of Permanent Guardian and file it with your local court
Complete guardianship training through the Judicial Branch Certification Commission (JBCC)
Submit a criminal background check through JBCC
Additionally, an attorney will be appointed to represent your child or loved one. Your attorney will also ensure a sheriff or constable personally serves all required parties, as specified by the Estates Code. This includes the proposed ward if they are an adult or a minor aged 12 or older. Finally, a guardianship hearing will take place in court. A judge will then weigh the circumstances and make the final decision as to who is most fit to be a guardian. Reach out to us today for a consultation on your guardianship case.
The Importance of Working With a Guardianship Lawyer
Guardianship proceedings may be necessary to provide protection for a person who has lost the ability to make decisions for themselves. To navigate the steps involved in appointing a guardian for a child, it is crucial to hire a qualified attorney for guardianship. Having a skilled guardianship attorney may be able to help the families weigh their options and choose what is best for their family.
Families may agree on who is best qualified to be guardians. However, there may be a conflict between family members regarding the selection of guardians. Before you hire a lawyer to help with guardianship proceedings, it is essential to understand the process.
Although guardianships can be costly and complicated, they may sometimes prove to be necessary. Guardianship laws were created to safeguard the rights and interests of the ward and establish procedures to ensure that guardians follow the rules. A trusted attorney will be able to help you review them.
Contact a Skilled Guardianship Attorney in Houston, Texas
Attorney Whitney L. Thompson is a skilled and experienced lawyer for guardianship. Our attorney can help you learn about the rights and responsibilities that guardians have. We are familiar with the legal and emotional challenges involved in establishing a Texas guardianship. We are ready to help you, no matter if you need to become a guardian of someone else, a guardian of a property, or if you have to challenge an existing guardianship agreement.
The Law Office of Whitney L. Thompson, PLLC, is prepared to help you become a guardian of a person, act as a guardian of a property, or challenge an existing guardianship agreement. Contact us today if you need assistance with guardianship issues.