Guardianship
Guardianship, also referred to as conservatorship, is a legal process utilized when a person can no longer make or communicate safe or sound decisions about his/her person and/or property or has become susceptible to fraud or undue influence. Because establishing a guardianship may remove considerable rights from an individual, it should only be considered after alternatives to guardianship have proven ineffective or are unavailable (www.guardianship.org/what_is_guardianship.htm).
In Texas, the guardianship process is handled in county probate courts. A petitioner makes a filing that a proposed ward lacks the capacity, due to mental or physical defects, to safely manage themselves and their affairs. The court conducts an investigation, and eventually a hearing is held to hear the evidence for and against the petitioner's claim. The judge may decide that the proposed ward is partially or fully incapacitated and name a guardian to serve in the areas of incapacity. Alternately the judge may rule that the proposed ward is not incapacitated at all.
A guardian acquires a legal duty, and is responsible to the court, to manage the ward and/or the ward's assets responsibly, for the ward's benefit only.
Dr. Chafetz has extensive experience in evaluating adults for incapacity and potential need for a guardianship. He welcomes your questions on this topic.
In Texas, the guardianship process is handled in county probate courts. A petitioner makes a filing that a proposed ward lacks the capacity, due to mental or physical defects, to safely manage themselves and their affairs. The court conducts an investigation, and eventually a hearing is held to hear the evidence for and against the petitioner's claim. The judge may decide that the proposed ward is partially or fully incapacitated and name a guardian to serve in the areas of incapacity. Alternately the judge may rule that the proposed ward is not incapacitated at all.
A guardian acquires a legal duty, and is responsible to the court, to manage the ward and/or the ward's assets responsibly, for the ward's benefit only.
Dr. Chafetz has extensive experience in evaluating adults for incapacity and potential need for a guardianship. He welcomes your questions on this topic.