In Texas, petitioners can file motions for a guardianship assignment under two conditions. Either a child or disabled adult is at risk, or an incapacitated estate owner requires someone to protect their interests when they can’t on their own. A guardianship lawyer in Waxahachie, TX identifies conditions that warrant a guardianship assignment.
Types of Guardianships
• Guardian of a Person: When someone is the guardian of a minor or disabled adult, they have full authority over them. The appointee makes all decisions for their ward as outlined in the law. A will created by the minor child’s parents offers the assignment. However, petitioners seek a guardianship for children who are at risk due to abuse or neglect.
• Guardian of an Estate: The guardian of an estate has authority over the ward’s assets. The individual has access to the ward’s checking and savings accounts to pay bills and other expenses. The appointee makes decisions about the sale or transfer of ownership of the assets based on the authority established by the owner. The assignments are also based on a health care plan created by an estate owner that provides guardianship via power of attorney.
What Individuals Receive a Guardianship Appointment?
The top-down approach followed under Texas state laws starts with the biological parents of the minor or incapacitated adult. Next, an individual identified in a will by the biological parent is considered. If the parent didn’t appoint an individual in their will, the grandparents and any other living relatives could receive the assignment. Individuals who aren’t related to the ward receive a guardianship only after court approval.
Requirements for Receiving a Guardianship Assignment
Guardianships for any party other than a minor require certification from a doctor detailing their mental condition and prognosis. The petitioner must provide the certificate before one hundred and twenty days have passed following the initial petition. A guardian ad litem evaluates the application and certification for the incapacitated individual. They protect the civil rights of the ward.
In Texas, a guardianship assignment gives an individual the legal right to protect the interests of a child or disabled ward. An assignment for an estate specifically offers control over the ward’s estate and assets. Petitioners who need further clarity can contact a guardianship lawyer in Waxahachie, TX at Mallios & Associates PC or visit mallioslaw.com today.
