Houston guardianship lawyer Whitney L. Thompson (https://www.wthompsonlaw.com/obtaining-guardianship-of-an-adult-child-in-texas/) releases a new article explaining how to obtain guardianship of an adult child in Texas. The lawyer mentions that guardianship is a legal proceeding in which the court gives a responsible party full or partial decision-making power on behalf of an incapacitated person.
“There are two types of guardianship in Texas—guardianship of the person and guardianship of the estate. The guardian of the person must provide care for the ward to the extent provided by law. The guardian of the person must act to protect and preserve the ward’s person whereas the guardian of the estate oversees the ward’s finances. The best interests of the ward is the guiding principle in creating both a guardianship of the person and a guardianship of the estate,” the Houston guardianship lawyer says.
The lawyer explains that when children with disabilities are near the age of adulthood, their parents are expected to take the proper measures to ensure their future care. This preparation for the future can also mean that the parents are expected to appoint themselves or another trusted individual as the guardian of their child.
Attorney Whitney L. Thompson adds that the parent or third party must file a petition with the probate court in which the ward resides. The court will seek to keep the incapacitated person as an independent person so they usually assign guardians over specific areas of a ward’s life. It is important to seek a lawyer when petitioning for guardianship, especially if the individual is seeking guardianship for their own child.
In the article, attorney Thompson adds that if the ward to be guarded is an adult, the guardianship is awarded in a specific order. First, the guardian appointed by the ward prior to their incapacity, second is their spouse, and lastly, a guardian who is not related to the person, as determined by the court.
According to the estate planning attorney, “Once your attorney files your petition with the court, the judge will assign an attorney ad litem. The attorney ad litem is an attorney whose function is to represent your child in the guardianship process and promote solutions that are in the child’s best interests. An attorney ad litem is charged with determining whether a guardianship is needed or if other services could meet your child’s needs.”
Lastly, the lawyer emphasizes the importance of having a skilled estate planning attorney when dealing with matters involving guardianship and estate planning. Having an experienced estate attorney may be able to help an individual understand their rights and help them prepare for the future of their loved ones.
About The Law Office of Whitney Thompson, PLLC
Attorney Whitney Thompson is an experienced family law attorney who helps clients deal with family law matters such as divorce or legal separation. Attorney Thompson also deals with guardianship, probate, and estate planning matters. As an experienced divorce lawyer, attorney Thompson and her legal team have helped families have a smoother divorce process and plan for their future more thoroughly. To schedule a consultation, call (281) 214-0173.
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The Law Office of Whitney L. Thompson, PLLC
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