Guardianships and Wills: Do You Need an Attorney to File for Guardianship in Texas?

Guardianship in Texas could represent a critical step for many families, but does it require an estate planning attorney? This is a common question among concerned family members, and there could be a sense of urgency for those who need answers. After all, guardianship is often associated with the incapacitation of a loved one – and medical issues could present difficult time constraints.

To learn more about the pros and cons of using an estate planning lawyer for guardianships in Texas, why not schedule a consultation with the Garza Law Office, PLLC? This established estate planning law firm has been helping families for almost a decade, and Dora Alicia has extensive experience with guardianships. After earning her Juris Doctor from St. Mary’s University, this estate planning lawyer has guided numerous families in the Rio Grande Valley through some of the most challenging legal issues.

Why Hiring a Lawyer Is Necessary When Filing for Guardianship

When you file for guardianship, you are acting on behalf of someone else. This individual is called a “ward.” In most legal cases, you have the right to represent yourself. However, it is important to understand that when you file for guardianship, you are inherently representing someone else. Because of this, it is impossible to represent yourself during this legal process.

As a result, you must hire a lawyer when filing for guardianship in Texas. Health and Human Services (HHS) states that one of the necessary steps in filing for guardianship is “hiring a lawyer.”

In theory, the lawyer acts as an unbiased third party – and they have a legal duty to represent the best interests of the proposed ward. While you might hire a lawyer to help you file for guardianship, you are not their only client in this situation. The lawyer must also consider the needs and goals of the ward, and they risk serious consequences if they try to secure guardianship for a ward who is not actually incapacitated.

Is Filing for Guardianship Easier With Help From a Lawyer?

While working alongside a lawyer, you can expect to benefit from their experience and qualifications. Filing for guardianship is often more streamlined when you work with lawyers who have gone through this process many times before.

That being said, hiring a lawyer doesn’t necessarily increase your chances of being approved as a guardian. The final decision is in the hands of the Probate Court. In addition, medical professionals have a role in this process. A proposed ward must go through a medical examination before you become their guardian, and the purpose of this examination is to determine whether they are truly incapacitated.

You should know that guardianship is generally seen as a “last resort.” A guardianship robs a person of their rights, and this is not something that Texas takes lightly. As a result, the court will determine whether there are any alternatives to a guardianship.

The nature of these alternatives depends on the unique factors at play. There are two types of guardianship in Texas:

• Guardian of the Person: A guardian of the person controls the ward’s housing, healthcare, and education.
• Guardian of the Estate: A guardian of the estate controls the ward’s financial decisions and property.

Note that a person can serve as both guardian of the person and guardian of the estate. When considering potential alternatives to a guardianship, the Court will consider why the incapacitated individual might need someone else to make their decisions for them.

If you need to control their finances, the Court might consider helping the proposed ward manage their money more effectively. They might also consider a “decision-making agreement” or power of attorney. Community services, including Medicaid, may be available to help proposed wards navigate difficult life decisions – especially in the context of healthcare.

If an attorney concludes that none of these alternatives are suitable, they can argue their case in court with supporting evidence – helping families gain guardianship over people who genuinely need it.

 Contact an Established Estate Planning Law Firm in Texas

Guardianships could be more complex than many families realize, and the complexity of this process largely depends on your unique situation. While internet research can provide general guidance, an article cannot tailor its information to meet your specific circumstances. In contrast, an estate planning lawyer can deliver personalized guidance – helping you pursue guardianship with confidence. To discuss your unique family goals, call (956) 329-1304 – and book a consultation with the Garza Law Office, PLLC.

Dora Alicia Garza

Dora Alicia Garza is a seasoned attorney based in Texas and the Founder of Garza Law Office, PLLC. She has built a respected practice across multiple areas of law, including criminal defense, family law, personal injury, guardianships & wills, estate planning & probate, immigration, debt defense and juvenile law. Learn more here.