What is a guardianship and how do I set one up?

A guardianship is a legal arrangement in which a person is appointed to make decisions on behalf of an individual who is not able to do so themselves due to physical or mental incapacity. In Texas, guardianships are handled by the Probate Court in the county in which the incapacitated individual resides. To set up a guardianship, you must first file a petition with the court. The petition must include information about the proposed guardian, the incapacitated individual (known as the “ward”), and the parties involved. You must also provide evidence that the ward is unable to make informed decisions for themselves. This evidence could include doctor’s reports or a letter of diagnosis. The court may then require the proposed guardian to be fingerprinted and undergo a background check. After this, a representative of the court may investigate the facts of the case and decide if a guardianship is necessary. If the guardianship is granted, the court will issue orders and a guardianship letter. The letter will appoint the guardian and detail their responsibilities. The guardian then must take certain actions, such as providing a bond and filing an inventory of the ward’s property. The process of setting up a guardianship can be lengthy and complicated. An attorney experienced in Elder Law can help guide you through the process and ensure the guardianship is properly set up.

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