Guardianships arise in several different situations:

• Developmental disabilities guardianship of minors now aging out of school or leaving home.
• Elder guardianship on the advice of a doctor or by family decision.
• Temporary guardianship where incompetency is due to an auto accident or stroke but long term recovery is expected.
• Guardianship may be needed to maintain a suit for accident personal injuries or other claims.
• Guardianship for a veteran may be needed

Guardianship must be filed in the county where the incompetent person resides or is domiciled.  Either a special probate court or county court at law has jurisdiction.  An application must be sworn to and usually must be accompanied by a medical certificate of a doctor who saw the proposed ward within the past six months.

Once an application is filed, the court appoints an attorney ad litem to go see the proposed incompetent person and to talk to family and doctors.  A temporary guardianship is available in emergency situations like consent to an operation.  After a hearing, the court orders a full or partial guardianship of the person or of the estate or both and sets a bond.  Once the bond is posted (often from an insurance company) and an Oath is signed, a Letter of Guardianship issues.

The guardian then files an annual accounting with the Court about the person or property.  The attorney helps with these filings as well.  Some Courts have forms for some of these reports.

Sometimes there are disputed guardianships where either the proposed Ward or different family members disagree with the need for a guardianship or the particular applicant who is applying to be appointed.

How we can help

We can advise you about your options when you are concerned that a loved one or family member may be incompetent.

We can take you through the guardianship process including ongoing compliance with court reporting requirements.