If your elderly parent needs supervision and protection, or your disabled child is reaching adulthood, the Law Office of Stephen E. Dubner can assist in establishing guardianship over that family member’s finances or personal care. This is a sensitive position that requires making important decisions regarding the health and welfare of a loved one. Seeking counsel to make sure the right appointment is made and the role is carried out correctly is crucial.
Stephen Dubner is an experienced guardianship lawyer serving clients in Flower Mound, Denton County and throughout the DFW Metroplex. We can intervene quickly in urgent circumstances or sit down with you to discuss arrangements to oversee the affairs of a loved one. Call 214-257-8818 for a free consultation.
Seeking Appointment as Guardian? Our Flower Mound, Texas, Guardianship Attorney Can Help You With the Process.
Guardianship is a legal proceeding in which a probate judge appoints a family member or other individual to make decisions on behalf of an incapacitated person. A guardian must demonstrate he or she is equipped to take on this role and understand that he or she is to act in the best interests of the person he or she is to take care of.
There are two types of guardianships:
Guardianship of the person involves the appointment of an individual to manage the physical care of a ward, including medical care.
Guardianship of the estate involves the appointment of an individual to manage the finances and other personal assets of ward
The court may place both responsibilities with one guardian or separate these roles and appoint different people to carry out each responsibility.
There are two common scenarios in which guardianship is warranted:
- Mom or dad is in failing health or diminished mental capacity, unable to manage his or her own care, and perhaps is being exploited by a family member or caregiver.
- A child with developmental disabilities is approaching or has reached age 18, and lacks the mental capacity to manage money or live on his or her own without supervision.
The Texas Guardianship Process
Because a guardian exercises such significant control over a ward or his or her belongings, becoming a guardian is not easy. The process for obtaining guardianship in Texas is extremely complex and involves a series of precise steps. The best and most efficient way of getting a guardian appointed is by hiring an attorney who is experienced in guardianship law.
Fast-Acting Counsel and Comprehensive Preparation
If you suspect abuse or financial exploitation of an elder, Mr. Dubner can help immediately. He can secure a court hearing on short notice to obtain temporary guardianship or a restraining order to protect your loved one’s assets.
A formal hearing will follow to determine if guardianship should continue. The court will appoint a guardian ad litem to represent the interests of the ward. Stephen Dubner prepares documentation from doctors and other professionals who concur that the person should be under guardianship for his or her own best interests.
Contested Guardianship
The spouse or partner, a sibling, a family friend, or the ward may object to the guardianship. They may disagree it is a necessary step, or they may feel that the appointee is not fit or acting in the person’s best interests. Mr. Dubner represents any of these parties in contested proceedings. He also has substantial experience in complex estate administration issues related to guardianship, such as the management of special needs trusts.
There is much we can do right away to protect your loved one — from themselves or from those who would take advantage of them. Contact our Flower Mound office today for a free initial consultation, including emergency intervention.