Guardianship is a strange word that most lawyers are not even familiar with. That is why to represent someone in a guardianship matter, the attorney has to have a special certification from the State Bar of Texas. At Pyke & Associates, all of our attorneys have those certifications.
Guardianship is the legal process of the court appointing a person or persons to handle someone’s assets or personal/medical decisions if that person is mentally incapacitated. Guardianship is not for those with only physical disabilities. A person needs guardianship when, because of a mental condition, they are unable to make their own decisions. Proper planning will avoid guardianship by use of a living trust or powers of attorney, but when there is no planning, or the planning fails, the court may need to step in and appoint a guardian.
One of the most common circumstances requiring guardianship is when a senior citizen has developed Alzheimer’s and they lack the mental ability to handle their finances, pay their bills, or make medical decisions for themselves. A guardianship can also be necessary after a severe brain injury, a stroke, and some cases when a child inherits money. In each case, the person is legally “incapacitated” either because they are a minor or lack mental ability.
Guardianship can be cumbersome and expensive; however, it can be a lifesaver. It is a necessary tool in the lawyer’s tool kit somewhat akin to open heart surgery. None of us want to have open heart surgery, but we are glad that there are skilled physicians to perform the surgery and extend our lives when the need arises. So prevention, by way of good planning with powers of attorney or a trust is the first preference. But when guardianship is necessary, you need a skilled lawyer to guide you through the process at the least expense possible to your family.
Pyke & Associates handles numerous guardianship proceedings every year, from relatively routine to hotly contested. We use our experience to reduce the fear and unpredictability of this important legal process.
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, specific tax, legal or accounting advice. We can only give specific advice upon consulting directly with you and reviewing your exact situation.
