Fort Worth Guardianship Attorney

Personalized Guardianship Guidance for Fort Worth Families Since 2007

Most people expect children to outlive their parents and adults to care for themselves and their finances throughout life. A life-changing event can upend those expectations.

At the Law Offices of Mark M. Childress, PLLC, we help caring adults assume guardianship of minor children who are left without parents or adults who become incapacitated by age, illness, or injury. Founded in 2007, our firm provides the direct communication and one-on-one attention families need when considering guardianship, and we can address related estate-planning concerns that often arise alongside these cases.

Call Law Offices of Mark M. Childress, PLLC today at (817) 497-8148 or contact us online to schedule a meeting with our guardianship attorney in Fort Worth.

Guardianship for Adults

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

These figures reflect how many Americans care for an older generation, but some situations require more than assistance. An adult child may realize that an older loved one needs more significant support from guardians. Under the Texas Estates Code, guardianship is a court-created legal relationship that authorizes another person to make personal, medical, residential, or financial decisions for an individual who can no longer do so. Texas courts are required to consider less restrictive alternatives and available supports and services before appointing a guardian, so the authority granted should be limited to what the person’s circumstances require.

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

• They are ignoring their 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.

It is heartbreaking to see a parent become less able to care for themselves. Adult guardianship concerns under Texas law may also include an inability to provide food, clothing, or shelter or to manage financial affairs safely. Our guardianship attorneys can help Fort Worth families assess whether guardianship is appropriate or whether a narrower legal tool might better protect their loved one.

What Are the Different Types of Guardianship in Texas?

Texas law offers different types of guardianship and authorizes the court to customize the arrangement for the specific needs of the ward (the person under guardianship). Depending on the court’s order, a guardianship may remove some or nearly all of the individual’s legal rights, which is why Texas courts limit authority to what the ward’s situation requires.

Texas law recognizes several forms of guardianship:

• Guardian of the Person. This guardian addresses where the ward lives, what medical treatment they receive, and other personal decisions such as food, clothing, and day-to-day care, within the scope the court’s order establishes.
• Guardian of the Estate. This guardian carries fiduciary responsibilities over the ward’s property and finances, including decisions about assets, bills, and investments, and may have ongoing reporting and accounting duties to the court.
• Guardian of the Person and Estate. This guardian has broad authority over both the ward’s personal care and financial affairs, as defined by the court.
• Temporary/Emergency Guardianship. A temporary guardian can be named when a dangerous situation requires intervention before a full guardianship hearing. Texas law generally limits a temporary guardianship to 60 days, but its duration and authority depend on the court’s order and applicable law.

A guardian of the person and a guardian of the estate can each be full or limited. Full guardians make the decisions authorized within their court-defined scope. A limited guardianship identifies the specific powers or decisions placed under the guardian’s authority, leaving remaining rights with the ward.

Steps in the Guardianship Process in Tarrant County

The process in Tarrant County typically begins when a concerned party, such as a family member or close friend, files an application for guardianship in Tarrant County Probate Court. A complete application addresses jurisdiction and venue, the proposed ward’s circumstances, the proposed guardian’s relationship to the ward, the authority being requested, and the alternatives and supports that were considered. The court appoints an attorney ad litem to represent the proposed ward and may consider a medical examination or other evaluation addressing incapacity, available supports, and whether guardianship is necessary. The court also notifies the required interested parties that an application has been filed.

Once the court receives the required reports and notices, it schedules a hearing to review evidence and testimony. The judge may consider investigator reports, medical information, and other evidence before determining whether guardianship is necessary or a less restrictive alternative is available. The court appoints a guardian if the evidence establishes the need for guardianship and the proposed guardian’s qualifications, then defines the guardian’s responsibilities. After the appointment, the guardian takes an oath, posts any required bond, and begins their duties under ongoing court supervision.

Guardianship in Texas doesn’t end at appointment. Tarrant County Probate Court conducts annual reviews, and the court may increase, decrease, restore, or terminate a guardian’s powers when circumstances change. Guardians may also have continuing reporting, accounting, and registration obligations. Our Fort Worth guardianship lawyers can help families prepare filings, respond to court requirements, and understand their continuing responsibilities.