If you have a loved one who is unable to care for themselves properly, a court might provide a qualified person with the necessary legal authority, and the responsibility, to help care for the “Proposed Ward” as a Guardian of the Person, and/or Guardian of the Estate. The Law Office of Jonathan D. Sykes, located in northwest Houston, in Harris County, Texas, can assist you in evaluating whether a Guardianship is appropriate for your loved one’s circumstances.
Among the factors we can help you evaluate before requesting the court grant Letters of Guardianship will be:
- Is the proposed ward an adult (perhaps elderly, or minor reaching the age of majority with intellectual limitations?); or a disabled minor without a qualified parent available to care for them?
- Has a qualified doctor determined that the proposed ward is partially or fully incapacitated?
- Is the incapacity likely temporary, or permanent?
- What can the proposed ward still do for themselves, if anything? For instance: Can they drive? Can they feed themselves or live on their own? Can they attend to their own medical and health care? Handle their own finances?
- Will a Court Investigator, and a court appointed Attorney Ad Litem agree with the doctor’s assessment and the person applying to be the Guardian?
- VERY IMPORTANT: Since 2015 legislative changes; is there any possible LESS RESTRICTIVE method to meet the needs of the proposed ward?
- Who is best qualified to be appointed a Guardian of the proposed ward’s Person and/or Estate? Do all family members agree (or other interested persons)? Is the person seeking to be appointed the proposed ward’s legal guardian disqualified by law from being appointed Guardian?
These and many other factors will be examined by a court to determine whether a Guardianship is the appropriate legal solution; and whether any authority and responsibility granted by a court will be partial, or complete.
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Jonathan D. Sykes has been practicing law in Harris, Montgomery, Fort Bend, Waller and other Texas counties for over 20 years. Call (281) 894-6598 to schedule an initial in-office consultation to evaluate whether Guardianship is appropriate, or whether a less restrictive, and less costly solution might be possible.