When a loved one becomes incapacitated and can no longer manage their own personal or financial affairs, the legal process of establishing a guardianship or conservatorship ensures they have a designated person to protect their best interests. This is a serious legal undertaking that requires skilled legal guidance. As your conservatorship attorney in Houston, Hirani Law Firm can guide you through this complex process with compassion and expertise.
Guardian of the Person
A Guardian of the Person has the legal authority to make decisions about the ward's personal life, including where they live, what medical treatment they receive, and their general day-to-day care.
Guardian of the Estate
A Guardian of the Estate (sometimes called a conservator) has the legal authority to manage the ward's financial affairs, including their assets, income, and property.
Full Guardianship
A full guardianship removes all of the ward's legal rights and places full legal authority over the person, the estate, or both, with the guardian. This is ordered when the ward is determined to be completely incapacitated.
Limited Guardianship
A limited guardianship removes only specific rights from the ward and grants the guardian authority over only those specific areas. Courts in Texas favor the least restrictive option that still protects the individual.
Temporary Guardianship
Temporary guardianship can be granted quickly in emergency situations where an incapacitated person faces an immediate risk of harm and a permanent guardianship has not yet been established.
Petitioning the Court
The process begins with filing a formal Application for Guardianship with the appropriate probate court, stating the reasons guardianship is needed and providing information about the proposed ward's condition.
The Investigation
The court will appoint an attorney ad litem to represent the interests of the proposed ward and will conduct an investigation, typically including a medical exam, to verify the need for guardianship.
The Hearing
A hearing is held before the probate court, where evidence of incapacity is presented. If the court finds that guardianship is necessary, it will appoint a guardian.
Ongoing Duties
Guardians have ongoing legal obligations, including annual reporting to the court on the ward's status and the management of their assets.
Protecting Your Loved One
Our primary goal is to ensure that the person you love is protected by a guardianship arrangement that truly meets their needs.
Navigating Complex Proceedings
Guardianship proceedings involve probate courts and specific procedural requirements. Our experience ensures the process is handled correctly and efficiently.
Compassionate Guidance
We understand that seeking guardianship is often a sign of a difficult family situation. We handle these cases with the sensitivity and compassion they deserve.