It can be difficult to care for elderly parents when they begin showing signs of cognitive decline. Families often try to manage their affairs. This may include getting appointed as the guardian of the parent. Before being appointed, there can be questions about whether the parent can still make major financial decisions. The stakes rise…
Tag: guardianship
When are Court’s Orders in Guardianship Cases Appealable in Texas?
Say you find yourself in need of a guardianship attorney. You end up litigating an issue related to the guardianship. The court rules against you on some aspect of the case, and enters an order saying so. What rights do you have? Can you immediately appeal the order or do you have to wait until…
Can an Appointed Guardianship File for Divorce for the Ward?
When an elderly person develops dementia or another condition that renders them mentally incapacitated, family members often step in as guardians to manage their affairs. The guardian pays bills, manages property, and makes healthcare decisions. But what happens when the incapacitated person is married, and family members believe the marriage should end? Can a guardian…
Can a Guardian of a Minor Extend Control Beyond the Ward’s 18th Birthday?
When a minor turns 18, Texas law typically requires the prompt termination of guardianship and the transfer of assets to the new adult. Yet some guardians find ways to maintain control over assets months or even years after the ward reaches adulthood. Through procedural maneuvers like motions for new trial and appeals, guardians can extend…
Guardian Ad Litem Fees in Texas Guardianship Proceedings
When the court appoints a guardian ad litem in a guardianship proceeding to protect the interests of a proposed ward, questions inevitably arise about how these representatives are compensated and what services fall within their scope of duty. What happens when there’s a dispute over the fees a guardian ad litem has charged? What standards…
Navigating the Complexities of Co-Guardianship Arrangements
Co-guardianships are complex arrangements that require careful management, especially when parents share responsibility for an incapacitated ward. Such arrangements involve a delicate balance of rights and responsibilities. However, disputes can arise, leading one parent to seek clarification and enforcement of the co-guardianship order, while the other parent proposes specific possession schedules. The In re Guardianship…
How Involved Do You Have to be in a Texas Guardianship?
If you know of a legal proceeding, but do not check in on it and then miss deadlines to appeal as the case progresses, can you wait until the end and bring suit against one of the parties? Consider this in the case of a guardianship proceeding. The probate court may have a number of…
Can a Sibling Be Appointed Guardian Over the Wishes of the Sibling’s Spouse?
The term “guardianship” refers to the court supervision of an incapacitated person. The court appoints a guardian and grants them legal authority to make personal and/or financial decisions for the incapacitated person. This can be needed if, for example, the incapacitated person owes debts to others. This can be a lengthy process and it can…
Will vs. Estate Planning: What’s the Difference?
Introduction: Will vs. Estate Planning Many people think that creating a last will and testament is all that is needed to protect their assets and ensure that their loved ones are taken care of after they pass away. However, a will is only a part of a comprehensive estate plan that can provide greater protection,…