There are
several types of Guardianships. Guardianships
are awarded if there exist an incapacitated individual.
Incapacitated is defined to included minors and those who, because
of a mental or physical condition, are unable to provide food, clothing, or
shelter for themselves, and are unable to care for their own physical health,
or manage their own financial affairs.
It is very common for a relative to seek a Guardianship over an elderly
relative who is in the stages of Alzheimer’s or their mental health has deteriorated.
A Guardianship can extend
over just the person, the estate, or both.
The Court protects the rights of the Proposed Incapacitated Individual
by having an Attorney ad Litem appointed to represent the Individual.
A Guardian ad Litem is appointed by the Court to represent the Proposed
Incapacitated Individuals best interest.
Obtaining a Guardianship over the Person or Estate of an individual is by
no means an easy task. The laws
of the State of Texas have instilled certain procedures and burdens of proof
that must be met in order to determine if an individual is incapacitated and
in need of a Guardian. An attorney
can provide you with your options and direct you on the best way in which
to proceed.
