Helotes Guardianship Lawyer

Guardianships & CLE Training

Guardianships occur in the event an adult is ‘incapacitated’ under the probate code and is in need of full time care or monitoring. A person can be appointed guardian of ‘the person’ or guardian of ‘the estate’ or both. In order to practice guardianship law the attorney is required to have additional CLE (continuing legal education) training and get a specific certificate from the State Bar of Texas permitting them to handle guardianships in Court. To be a guardian, you have to meet specific criteria and get a certification as well.

“My Family needed a lot of guidance on GuardianShip Law during a stressful time for my family. I am happy we worked with this law firm.”

- Alberto C.

Guardianships Frequently Asked Questions

My parent is not in great mental shape, are they eligible for guardianship?
The answer is maybe. The Texas Estates Code defines in ‘incapacitated person’ as “an adult who, because of a physical or mental condition, is substantially unable to: a. provide food, clothing, or shelter for himself or herself.” Meeting that definition is a question for a court to answer and before the court hearing you may not be able to know the answer.
What are the requirements to being a guardian?
You must be at least 21 years old. You either need to be a high school graduate or possess the GED equivalent. You have to complete the online Texas Guardianship training module located on the Register A Guardianship page of our website per section 7.2(b)(8) of the JBCC Rules. And you can’t be a convicted felon.
What’s the difference between guardian of a person vs. guardian of the estate?
Most often, a guardian is appointed over both the person and the estate, although sometimes it could only be one or the other. A guardian of the person controls the ward’s personal matters, such as where they live, medical decisions, and educational decisions. A guardian of the ward’s estate has control over the ward’s property and finances.
How do you declare someone a ward and in need of a guardian?
You need to file the application and get proof from a medical professional. It’s best to have a diagnosis before filing but sometimes circumstances prevent that. In those instances you can petition the Court to appoint an ‘independent medical examination’ of the ward to assist the court in making the determination of competency.

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