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…
Tag: 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,…
Legal Challenges of an Aging Parent with Dementia in Texas
As our loved ones age, we want to ensure that they receive the best possible care and support. However, when a parent develops dementia, the legal and financial issues can be overwhelming. In Texas, the probate laws regulate the management of the assets and affairs of incapacitated persons, including those with dementia. In this article,…
Guardianship Responsibilities Under Texas Probate Law
Texas Probate Law provides a legal framework for individuals to apply for guardianship responsibilities over another person who is unable to make their own decisions due to incapacity, such as dementia. However, becoming a guardian also comes with certain responsibilities and consequences if those responsibilities are not fulfilled. In this article, we will examine the…
Understanding Social Security and Conservatorship in Texas
Conservatorship is a legal process in which a court appoints an individual, known as a conservator, to manage the financial and personal affairs of a person who is unable to do so themselves, known as the ward. This process is designed to protect and manage the ward’s assets and property, as well as make decisions…
Co-Guardianship in Texas Probate Law
When a loved one is struggling with a serious medical condition such as dementia, it can be difficult to manage their affairs and make decisions on their behalf. In these cases, seeking legal guardianship can be a valuable solution. In Texas, it is possible for multiple individuals to be named co-guardians. In this article, we…
When Distributions Aren’t Made According to the Will
This is a Case Study analysis on the facts of Patrick v. Patrick, 182 S.W.3d 433 (Tex. App. – Austin 2005, no pet.), as if it were to be decided today. It is not an analysis of the court’s holding in this case. Introduction Probate law governs the distribution of a deceased person’s assets. In…