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The Heard & Smith,
L.L.P. firm developed this site to provide information on guardianship
in Texas. “Guardianship” grants an individual legal authority to
manage the affairs of a loved one who is unable to make their own
decisions due to physical or mental incapacitation. Our
attorneys have
worked with many families whose loved ones are no longer able to care
for themselves due to developmental disabilities, disease, or injury.
We are sensitive to the emotional distress of those called upon to
seek guardianship and our lawyers recognize that this awesome
responsibility can be made more difficult by conflicting emotions and
a complicated judicial process. If you are contemplating seeking
guardianship, Heard & Smith attorneys can help you face this sometimes
overwhelming situation. We have the resources, understanding and
knowledge to guide you in your quest to protect the well-being of your
family member who cannot care for themselves.
Guardianship empowers
a court-appointed individual or entity (the guardian) with the
authority to make decisions for an individual (ward) who is found to
be incapacitated. Adults, minors (someone under 18 years old) and
missing persons may be considered incapacitated. The court deems a
person incapacitated when they are unable to make informed decisions
and:
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Provide food,
clothing or shelter for themselves,
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Care for their own
physical health, or
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Manage their
financial matters.
Guardians have
different levels of authority depending on the limitations of their
ward. Some individuals require guardianship for both themselves and
their estate. A guardian who is responsible for a person makes
decisions related to medical treatment, living environment and other
matters that safeguard the well-being of the ward. Estate guardianship
grants authority over an incapacitated person’s property and/or
financial affairs. In the event that a person is in immediate danger,
the court may grant temporary guardianship without notice to the ward
for up to sixty days. The court may also initiate guardianship
procedures if they are notified that a county resident appears to be
incapacitated and is experiencing abuse, self-neglect or exploitation.
Placing a person
under guardianship removes many civil liberties that citizens in
America enjoy. A ward loses the right to manage his or her own
affairs; to choose where to live; to consent and refuse medical
treatment; and even the rights to vote and to drive. Because these
rights are so significant, the court requires substantial evidence and
documentation to substantiate incapacitation. This is a complex
process that requires the skill and experience of a qualified
guardianship attorney. Heard & Smith, L.L.P. attorneys actually serve
as guardians and have represented hundreds of families in guardianship
matters. Mark Stanton Smith has served two terms as President of the
National Guardianship Association and has served on the board of Texas
groups involved in guardianship matters. He is a recognized national
expert on guardianship matters.
If you are trying to decide how to
fulfill your commitment to your incapacitated loved one please contact
us at (210) 820-3737 or toll-free at (800) 584-3700 to discuss your
situation. You may also contact us via
our website. For more information about
Guardianship in Texas, please see:
Guardianship FAQs
Articles:
Guardianship
Estate Planning & Probate Links
Estate Planning Glossary
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