Our Practice Areas
Helping Families Make Important Decisions for Loved Ones
Theander & Grimes can assist in creating guardianship arrangements to protect individuals who are deemed incapacitated and unable to make decisions for themselves. This legal process is designed to prevent abuse, neglect, and exploitation of vulnerable persons. Contact us today to find out how we can help you provide the best care for your loved one.
Call (281) 968-9965 now to get help from an experienced guardianship attorney in Tomball.
When Is Guardianship Necessary?
Guardianship may become necessary for a minor child, an adult with special needs, or an elderly adult. A court could determine that any of these individuals is unable to care for themselves or their property, so it may assign a legal guardian who is accountable for the care of that person and/or their property.
Guardians can be configured in various ways, such as the following:
- Guardian of the Person: The court appoints this person to make important decisions for the ward that may be educational, medical, residential, or personal in their nature.
- Guardian of the Estate: The court appoints this guardian to make important financial decisions on a ward’s behalf. The purpose of this role is to protect the ward’s assets, so requirements regarding a bond, accounting, and fiduciary duties are implemented.
- Guardian of a Minor: This person functions as a child’s parent when their legal parents are unable to do so. In many cases, guardianship of a minor occurs when both parents are deceased, but it may become relevant in any situation in which both parents are unable to care for their child. A minor’s guardian is not only responsible for providing day-to-day care, but they may also be required to care for any property the minor inherits.
- Guardian of an Adult with Special Needs: When someone with special needs turns 18, they may require a guardian to look after their day-to-day care and the care of their property. Guardians of adults with special needs are sometimes an individual’s parents or other relatives, but familial relationship isn’t a requirement.
- Guardian of an Elderly Adult: Elderly adults may require guardians when their physical and/or mental health declines. Many seniors who develop dementia, Alzheimer’s, or another debilitating disease may require a guardian to help make decisions for them.
How Does Texas Establish Guardianship?
A petition for guardianship must be submitted by an individual seeking guardianship of another individual. If you are seeking guardianship, you should hire an experienced guardianship lawyer in Tomball to guide you through this process.
Becoming a guardian may proceed as follows:
- First: Your attorney files the guardianship petition with the county court.
- Second: A medical professional evaluates the person whom you seek to protect with a guardianship; the medical professional must determine that person is incapacitated.
- Third: Interested persons (typically relatives) must be notified of the petition.
- Fourth: An appointed attorney represents the interests of the proposed ward.
- Fifth: The court conducts a hearing that will include testimony as to why the petitioner seeking guardianship believes it’s necessary.
- Sixth: A judge will issue a judgment determining or denying guardianship.
Contact Us for Legal Assistance
Theander & Grimes are experienced in guardianship law and can provide you with the assistance you need. Our guardianship lawyers in Tomball have the knowledge to ensure your case is handled sensitively and efficiently. We understand that issues related to guardianship can be difficult, so we strive to make the process as stress-free as possible for our clients.
For more information about how we can help, request a consultation when you contact us online.
“Don't wait, Amanda and team are fantastic.” - Lem M.
“I highly recommend working with Amanda and her law firm.” - George H.
“I highly recommend Amanda Grimes and her colleagues at Theander & Grimes.” - CC