Fort Worth Guardianship Attorneys

Helping Families Protect Their Loved Ones

Unless and until a life-changing event occurs, most people believe children will outlive parents, and adults will adequately care for themselves and their finances until they pass away. Unfortunately, those assumptions sometimes turn out to be false.

At the Law Offices of Mark M. Childress, we help caring adults assume guardianship over minor children who are left parentless or over adults who become incapacitated by age, illness, or injury.

Learn more about the process of gaining guardianship. Call us at (817) 497-8148 or reach out online. 

Guardianship for Adults

Nearly 20% of all adult children will provide care for an aging parent, according to a report by the Center for Retirement Research at Boston College. The Pew Research Center reports that 15% of middle-aged adults – the sandwich generation – are financially supporting their children and their parents.

Statistics show that many Americans provide for the care and finances of an older generation. Some situations compel an adult child to do more than provide assistance. They see that their older loved one needs the greater support of guardianship.

Signs you may need to consider guardianship in Fort Worth include the following:

• They are ignoring their personal hygiene.
• They are no longer taking care of their health.
• They are recklessly giving their money to others.
• They are under the undue influence of another person.
• They are putting themselves into dangerous situations.
• They are exhibiting other signs of dementia.

Seeing a parent become less able to take care of themselves is heartbreaking. Our guardianship attorneys can help Fort Worth families determine if guardianship is best for their loved ones.

Types of Adult Guardianship

Texas law offers different types of guardianship and authorizes the court to customize the guardianship for the specific needs of the ward (person under guardianship). Guardianship will remove some or nearly all rights of the individual.

There are four types of guardianship in Texas:

• Guardian of the Person. This guardian will decide where the ward lives, what medical treatment they receive, and where they can go, among other personal decisions.
• Guardian of the Estate. This guardian determines what to do with the ward’s property, how to invest their money, what bills to pay, and more financial decisions.
• Guardian of the Person and Estate. This guardian has broad authority to make decisions about the ward’s property, finances, and personal care.
• Temporary/Emergency Guardianship. A temporary guardian can be named if a dangerous situation requires intervention before a full guardianship hearing can be held. In Forth Worth, temporary guardianship typically lasts no more than 60 days.

Guardian of the person and guardian of the estate can be full or limited. Full guardians make all decisions within their scope of control. Limited guardians have authority only over specific decisions outlined in the court order.

Guardianship for Minor Children in Fort Worth

Multiple conditions exist where a nonparent must step up to become the guardian of a minor child. A child orphaned after the death of both parents will need a guardian. Guardianship might also be necessary if no parent is willing or able to care for their child.

A minor who inherits money, property, or other assets may also need a guardian to control their estate until they are old enough to do so. A parent may ask to be named guardian of their child’s estate.

The standards for guardianship are like child custody cases. The judge must determine what is in the best interests of the child. Any petition for minor guardianship must show how the individual coming forward will provide a nurturing and protective home that safeguards the child’s best interests.

Petitioners must submit fingerprints and submit to a background check. Witnesses may testify at the hearing regarding the petitioner’s ability to care for the child.

Fort Worth parents can name a guardian for their minor children in the event of their death. Our attorneys can draft estate planning tools to help parents dictate whom they want to care for their children.

Legal Alternatives

Comprehensive estate planning can also help individuals avoid guardianship. We eliminate the need for a named guardian by helping individuals designate someone to make decisions for them if ever needed.

We can help you with the following estate planning:

• Living Will
• Powers of Attorney (Healthcare, Financial, Enduring, and Others)
• Trusts

Compassionate Attorneys for Guardianship Cases in Fort Worth

Guardianship cases are among the most sensitive in family law. These situations are typically paired with considerable sadness. Our experienced guardianship attorneys shoulder the procedural burdens so our client can focus on the care their loved one needs.

If you believe you may need to take guardianship of an elderly loved one or a minor child, contact us today by using our online form or by calling (817) 497-8148.