When an elderly or disabled person no longer has the capacity to care for himself or herself, or no longer has the capacity to handle his or her own finances, it is possible to petition the probate court to appoint a guardian for that person. A trusted individual may be appointed guardian of the person (with decision-making authority over the residence and care of the incapacitated person), the guardian of the estate (with control of the incapacitated person’s finances and business), or both. Guardianship proceedings typically take some time to be finalized, but in the event of imminent harm, a temporary immediate guardianship is available under Texas law.
Guardianships to protect the elderly and incapacitated are a core component of what we do. When a guardianship proceeding is amicable and agreed, we provide caring and efficient counsel. When a guardianship is contested, we bring the sway and expertise of a former probate judge and highly experienced litigation attorneys.