Guardianship Services 

There are two primary types of guardianships in Texas: Guardianships over incapacitated adults and guardianships over minors, who are considered to be legally without capacity because of their age. Within those types of guardianships, there are guardianships over the person and guardianships over the estate. At Tate Moerer & King, we handle all types of guardianships and strive to make the complicated and complex process as smooth as possible.

Guardianships, Generally

Guardianship is a proceeding to appoint an individual to make decisions for a person who is unable to make decisions on his or her own. These decisions include both healthcare and financial decisions. Guardianship proceedings are presided over by the probate court and guardianship may be granted over the person, the estate, or both. If the guardianship is granted, it means the ward, the person over whom the guardianship is granted, loses the legal standing to make his or her own decisions. Because there is so much at stake, it can be a complicated and emotional process.

Applications for Guardianship

The application for guardianship is detailed. There must be evidence to show that the proposed ward has lost the ability to make substantial and important decisions about his or her own life. In addition to proving the person’s incapacity to make decisions, you must also prove there is no less restrictive alternative to guardianship.

The application for guardianship must also include a certificate from the proposed ward’s physician confirming the person does not have the capacity, either due to mental or physical reasons, for making important decisions for themselves.

Contested Guardianships

Occasionally, someone may object to the creation of a guardianship. Some of the main grounds for contesting a guardianship include, but are not limited to:

  • The proposed ward or other interested party claims the person is not incapacitated.
  • Interested parties may agree the proposed ward needs a guardian but object to the person who has applied to be the guardian.
  • There is concern by interested parties that the applicant for guardianship has been involved in financially exploiting the proposed ward.

At Tate Moerer & King, we have the experience to represent you in applying to be a guardian or in contesting a guardianship.