Dallas Guardianship Attorney

Types of Guardianship

• Guardianship of a Minor
  When a child’s parents are unable to care for them, a legal guardianship may be established. In these situations, the guardian is responsible for making decisions related to the child’s healthcare, education, and overall well-being. Guardianship of a minor can occur if parents are deceased, incapacitated, or otherwise unable to fulfill their responsibilities.
• Guardianship of an Incapacitated Adult
  This type of guardianship applies to adults who are mentally or physically unable to make decisions for themselves due to age, illness, or disability. Guardians of incapacitated adults are responsible for making medical, financial, and personal decisions in the best interest of their ward.
• Emergency Guardianship
  In emergency situations, where immediate action is required to protect a child or adult from harm, an emergency guardianship can be requested. This temporary guardianship allows a guardian to act quickly to provide care until a full guardianship can be established.
• Temporary vs. Permanent Guardianship
  • Temporary Guardianship: This is usually a short-term solution when the guardian is needed for a limited period. It can be set for a specific time frame or until a specific event occurs, such as the return of the biological parents or improvement in the ward’s condition.
  • Permanent Guardianship: This type of guardianship is long-term and usually lasts indefinitely. Permanent guardianship is established when the ward’s parents or family are no longer able to care for them, and it often continues until the ward reaches adulthood or a change in circumstances occurs.

Guardianship Process

Eligibility Requirements for Guardianship
To apply for guardianship, a person must meet certain eligibility requirements. These include:

• Being at least 18 years old.
• Undergoing a background check to ensure there is no history of abuse or criminal activity.
• Demonstrating the ability to care for the ward’s personal, medical, and financial needs.

Steps in Filing for Guardianship
The guardianship process typically follows these steps:

• File a Petition: The person seeking guardianship must file a petition with the court outlining their relationship to the ward and why guardianship is necessary.
• Gather Documentation: This includes medical records, proof of relationship, and any evidence showing that the ward is unable to care for themselves.
• Attend a Hearing: The court will schedule a hearing where all parties involved will present their case. The judge will make a decision based on the evidence provided.

Court Hearing Process
At the hearing, the guardian applicant, the ward, and potentially other family members will speak. The judge will review the evidence, consider the ward’s best interests, and decide whether guardianship is appropriate. The process may involve:

• A review of medical and financial records.
• Testimony from the potential guardian, the ward, and other relevant parties.
• A final decision by the judge, who will approve or deny the guardianship.

Cost of Guardianship
The cost of establishing guardianship can vary depending on the complexity of the case and the need for legal assistance. Common expenses include:

• Filing fees: Required to submit the petition to the court.
• Attorney fees: For legal representation throughout the guardianship process.
• Court fees: Costs associated with hearings, documentation, and other legal procedures.

Responsibilities of a Guardian

Healthcare Decisions
A guardian is responsible for managing the ward’s healthcare. This includes:

• Making decisions about medical treatments, surgeries, or medications.
• Coordinating healthcare appointments and ensuring the ward receives the necessary care.
• In some cases, guardians may need to make life-altering medical decisions if the ward is incapacitated.

Financial Management
Guardians are tasked with managing the ward’s finances, which can include:

• Paying bills, including medical expenses, utilities, and other necessary costs.
• Overseeing the ward’s bank accounts and assets.
• Ensuring that the ward’s financial needs are met and, in some cases, filing taxes on behalf of the ward.

Legal and Educational Decisions
Guardians may also be responsible for:

• Making legal decisions, such as handling legal claims or contracts on behalf of the ward.
• Making educational decisions for minors, including selecting schools and approving educational plans.
• In some cases, guardians may need to address legal matters relating to the ward’s guardianship, such as changes in the ward’s condition or circumstances.

Ongoing Reporting Requirements
Guardians are required to report to the court periodically to ensure that the guardianship is being managed appropriately. This includes:

• Submitting annual reports detailing the ward’s health, finances, and overall well-being.
• Reporting any major changes, such as the ward’s condition improving or worsening.
• Guardians must ensure they remain compliant with all court orders and laws regarding guardianship.