Guardianship is a court-created relationship. It is used when a person is determined to be legally incapacitated, and there is no lesser available alternative to protect that person from harm. The person being protected is called the Ward. The person or entity appointed to protect the person is called the Guardian.
In Texas there are two types of guardianship.
- Guardianship of the Person involves a guardian making care decisions for the Ward, including residence, medical needs, and personal needs.
- Guardianship of the Estate involves a guardian making financial decisions for the Ward, including managing income, investing assets, safeguarding resources, and paying bills.
“Incapacitated” means the Ward is an adult who, because of physical or mental condition, is substantially unable to provide food, clothing, or shelter for himself or herself, care of the person’s own physical health or manage the person’s own financial affairs. It also means a minor and a person who must have a guardian appointed for the person to receive funds due the person from a governmental source.
Types and Stages of Guardianship Proceedings
At Hammerle Finley Law Firm, our attorneys have represented clients in all types and stages of guardianship proceedings, including:
- Creation of a Guardianship
- Opposition to a Guardianship
- Restoration of Rights of a Ward
- Ongoing issues in a pending guardianship case
- Guardianship Mediation
- Accountings
- Removal of a Guardian
- Ancillary cases involving a guardianship, including reformation of a trust, civil litigation, and breach of fiduciary duty.
Our attorneys are also certified as ad litems by the Texas Supreme Court. They are often appointed by the Courts to serve as attorney ad litems and guardian ad litems.
We represent financial institutions who have been appointed a trustee of a court-created management trust for the benefit of an incapacitated person.
Hammerle Finley Law Firm provides Guardianship Training to teach guardians the basics of guardianship and best practices for protecting the Ward. We offer this as a half-day training, so that at the conclusion the guardian has all the tools necessary to perform his or her job.
Hammerle Finley Law Firm has represented clients for more than 35 years inside and outside the courtroom. We provide effective, strategic, and cost-effective legal counsel so that our clients can focus on what matters most to them.
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