Granbury Guardianship Attorney

When you are responsible for the care and well-being of a loved one in Granbury, TX, whether they are a minor child or an adult who is incapacitated in some way, you want to be sure that they are provided for if you aren’t able to do so. You want someone who will ensure that they have enough to eat, are able to participate in the activities they enjoy, and have all of their medical needs met. It is important to establish who will be responsible for them in the event that you are no longer able to care for them. A family lawyer from The Law Firm of William A. Walsh can help you establish a guardianship to ensure their needs are always met. 

Everyone has basic needs that have to be met, including food, shelter, medical care, and emotional well-being. Some people are unable to get those needs met themselves, either because they are children, they are mentally handicapped, or they have a physical disability. In these cases, a guardian must be responsible for making sure that they are cared for and their needs are met. 

Children are often under the guardianship of their parents unless the parents are unable to care for them properly. In some instances, children are removed from a home by Child Protective Services and are put under the guardianship of another family member or are put in the foster system. In other cases, the parents pass away and guardianship of the children must pass to someone else. If the parents had an estate plan in place, they would have the opportunity to name an individual to care for their child, called a Conservator.  

Whether you are writing your will or developing an estate plan to determine guardianship for a loved one, it is important to know what type of guardianship or conservatorship will likely be the right option for you. There are several ways that a guardianship can be established. If you are seeking a guardian for an incapacitated adult, they will either be a guardian of the person or a guardian of the estate. In some situations, one person will bill both roles. When naming a conservator for your child, you have an opportunity to name a joint managing conservator, a sole managing conservator, or a possessory conservator.

• Adult Guardian
  • Guardian of the Person is someone responsible for the well-being and personal matters of an incapacitated adult. This could include taking care of their medical needs, ensuring that they are fed and clothed, and making any decisions about their continuing education.
  • Guardian of the Estate is an individual responsible for managing an individual’s finances and property. This person is important for situations involving older adults who are ill and have given a friend or loved one their power of attorney to make major decisions in their interest.
• Conservatorship of a Child
  • Joint Managing Conservator is when two people, most often the parents of the child if they are not married, are given legal responsibility and decision-making power for their children. They are responsible for disciplining the children, caring for them properly, and giving them any support necessary when the child is in their custody.
  • Sole Managing Conservator is an individual who has been named as the only one with legal power over the children. This decision could be necessary if the parents are not able to be involved in their children’s lives, if there is a history of violence or neglect directed at the child, or if the children have been exposed to excessive drug or alcohol use by their parents.
  • Possessory Conservator in the event that a child’s parents are not married and someone, a parent if possible, is given sole conservatorship, the other parent will have what is called possessory conservatorship. They will still be able to spend time with their children and have input in any major decisions, but any final choices will be made by the sole conservator.

Whether you have an elderly loved one who needs assistance managing their affairs, a child who is unable to be in the care of their parents due to abuse, or an adult who is not mentally capable of taking care of their own needs, guardianship can be an asset. It is important to understand what will be necessary for guardianship to be established and how the agreement can be modified.

One of the simplest ways to establish guardianship for minors is to name who you wish to care for your children in the event of your death or incapacitation. This will be a major aspect of your estate planning if you have minor children, so you can rest assured that they will be cared for. Any costs associated with this will likely come from filing fees, having your will opened in probate if you pass away, and anything the guardians have to pay to maintain the children. 

When guardianship is established for children who have to be removed from the care of their parents, the determination of establishing guardianship will likely be made by the courts. In many cases, a family member, such as an aunt or grandparent, will be the first choice of guardian. 

In circumstances where an adult may need a guardian, it is often seen as a final resort. In such situations, there is a legal process that must be followed. A lawyer will file an application for guardianship, the adult in question will be assessed by a doctor, anyone involved in the case (such as family and attorneys) will be notified, and finally, there will be a hearing to finalize guardianship. 

Determining who will care for loved ones who cannot care for themselves can be a difficult process. It is an important choice that should be made with careful consideration. Understanding the legal processes involved can be challenging, regardless of whether you are designating a guardian for your children when estate planning, ensuring that an elderly parent’s wishes are carried out if they are incapacitated, or finding proper care for an adult loved one who is mentally or legally incapacitated. The team at The Law Firm of William A. Walsh can help you navigate the entire guardianship process. Contact our offices today to get started.