If a loved one has become incapacitated, consider contacting a Dallas Guardianship Attorney. Talk with a lawyer about the differences between a Guardianship and a Power of Attorney.
In a guardianship, the guardian gains legal control over an incapacitated person. To become guardian of another person, a Texas court (in the Dallas area, it will likely be the Dallas County Probate Courts, Collin County Probate Court, or Tarrant County Probate Courts) must decide that a guardianship is necessary and that the proposed guardian truly is the best person for the job.
Because the guardian essentially legally “steps into the shoes” of the ward, the State of Texas takes guardianship very seriously.
Technically, in Texas there are two kinds of guardianship, even though most people become both kinds of guardian at the same time.
- A “guardianship of the person” gives responsibility to the guardian for the ward’s physical care. This includes making decisions regarding day-to-day care, medical care, living arrangements, medications, and others.
- A “guardianship of the estate” of the ward involves handling the ward’s financial affairs. You may seek either kind of guardianship, or both.
A guardianship attorney can help you determine whether you’re eligible to become a guardian, prepare the necessary documentation, and apply for the guardianship with the probate court.
Additionally, the lawyer can help you decide if a power of attorney document is sufficient. A power of attorney is usually easier and cheaper to obtain than a guardianship. Therefore, the attorney may recommend a power of attorney instead of a guardianship, if it makes sense in your particular situation.
Search the firm’s law blog for more in-depth discussions of guardianships in Texas. Dallas guardianship cases are handled by the Dallas County Probate Courts.