How We Prevent And Resolve Guardianship Matters
At the Sawyer Law Firm PLLC in Fort Worth, Texas, we have lengthy experience with the appointment of guardians for the affairs of minors and incapacitated persons.
Our attorneys are certified by the State Bar of Texas to serve as an attorney ad litem to represent the interests of individuals for whom a guardianship is proposed.
More often, however, we advise and represent persons who believe a guardianship is necessary to protect the interests and assets of a vulnerable loved one.
Guardianship most often applies in cases involving:
- An elderly person who does not have the capacity to make responsible financial or health care decisions
- A minor who has received a substantial inheritance or gift in his or her own name
- A disabled minor who has attained the age of majority, but who cannot assume adult responsibilities with respect to his or her own affairs
Why Incapacity Planning Is Valuable
With proper estate planning, you can avoid the need for a guardian.
In the case of elderly persons, the designation and execution of a statutory durable power of attorney or medical power of attorney will usually be the least restrictive alternative and will allow a court to determine such documents take care of the needs that an application for an appointment of a guardian typically addresses.
For minors, a parent’s will or Guardian designation of Minor Child can designate an individual to serve as guardian in case the parent dies before the minor becomes an adult.
An application for appointment of a guardian of the person (for protection of the person’s health) or of the estate (for protection of the person’s financial affairs) must be supported by a recent physician’s examination and must be proved by clear and convincing evidence, which is an especially demanding standard of proof.
Contests Of Guardianship
Guardianship proceedings are often contested by:
- The subject of the guardianship
- An appointed attorney ad litem
- An individual who opposes the appointment of a particular proposed guardian
Even in cases where some supervision of a person’s affairs appears desirable, the courts are required to use the least restrictive alternative available for protecting a vulnerable person’s interests.
Vast Experience With Incapacity Planning And Guardianship
At the Sawyer Law Firm PLLC, we have vast experience with Texas guardianship and less-restrictive interventions, such as management trusts. Our lawyers can help you find suitable means of protecting your loved one’s interests on terms that will be acceptable to other interested parties and the probate court.