Guardianship Lawyers in Dallas

Understanding Guardianship In Texas, guardianship refers to the legal arrangement in which one individual is given the authority to manage the affairs of another individual. There are two primary categories of guardianship: guardianship of the person and guardianship of the estate. Guardianship of the person involves the right to make important decisions on behalf of someone else, typically concerning their medical care, living arrangements, or educational needs. Conversely, guardianship of the estate allows an individual to oversee another person’s financial matters. Often, both types of guardianship are established within the same legal proceedings, and one person may be appointed to serve as both guardians.

Guardianship is commonly established under the following circumstances:

1. A person becomes incapacitated, frequently due to conditions such as age-related dementia or strokes, necessitating that a family member or another interested party gain access to the individual’s financial resources to manage bills and potentially arrange for their care in a residential facility.

2. A child with an intellectual disability reaches the age of 18, at which point their parents lose legal authority unless a court order is obtained.

3. A minor inherits property or receives assets. Since minors cannot legally open bank accounts, if they are directly left with insurance proceeds or other assets without a trust or similar arrangement, a guardian must be appointed to manage and receive those gifts on behalf of the minor.