Shutt Law Firm’s primary attorney, Isaac Shutt, focuses his legal practice on guardianship law, probate law, and estate planning. By focusing on a single area of law, the law office can provide great legal service, personal attention, and affordable fees.
What Is Guardianship Law?
When an elderly adult or a young person with special needs has become legally incapacitated, a court can name a guardian for the incapacitated person. The guardian becomes responsible for the care of the incapacitated person (the “ward,” in legal terminology).
Becoming a guardian involves taking on a large responsibility and legal duty. For this reason, the courts do not take guardianship lightly. The potential guardian must attend at least one guardianship court hearing, and this requires a guardianship lawyer. Guardianship law is handled by the probate courts, and these courts have well-established systems for handling guardianship matters.
After the initial guardianship hearing, the guardian must file a report with the court annually, or more if there are changes in the ward’s situation.
Guardianship For Elderly Parents
When an elderly parent becomes unable to care for herself or himself due to Alzheimer’s, dementia, or other mental incapacity, one of the children may seek to become the parent’s guardian. Although guardianship may be necessary, the children should first consider the use of a power of attorney document or a Special Needs Trust.
Schedule a consultation with a guardianship attorney to help weigh the pros and cons of obtaining guardianship. The attorney may recommend a more affordable and less burdensome alternative to guardianship.
Guardianship For Children With Special Needs
Parents of special needs children may seek guardianship around the time the child reaches age 18. These parents understand that their child will need a legal guardian even as an adult. Consult with a lawyer to discuss guardianship and the alternatives, such as a Special Needs Trust (or “§ 867 Trust”).
How To Obtain Guardianship
Contact a guardianship law office to schedule a free consultation. Discuss the alternatives, such as a trust or power of attorney. If guardianship is the best legal option for your situation, the guardianship attorney will file for a guardianship hearing.
Before the guardianship hearing at the probate court, the court will hire an independent attorney ad litem to satisfy the court that guardianship really is in the ward’s best interest. At the hearing, the proposed guardians, the guardianship attorney, and the attorney ad litem will testify to the judge that guardianship is necessary and that the proposed guardians are well-suited to be the guardians of the proposed ward.
The process of becoming legal guardian is relatively quick, but becoming a guardian is a long-term commitment.
Schedule a free consultation with Dallas guardianship attorney Isaac Shutt by calling (214) 302-8197 or by using the online contact form. If you use the online contact form, the attorney will contact you shortly to schedule the free consultation.
Shutt Law Firm, PLLC is conveniently located in Richardson, TX near the intersection of Highway 75 and Campbell Road. The law office provides: Guardianship attorney for Dallas, Richardson, Plano, Allen, McKinney, Frisco, Garland, Mesquite, and the surrounding Dallas County and Collin County. The guardianship lawyer can answer your questions regarding obtaining guardianship, guardianship abuse, guardianship laws, power of attorney guardianship, legal guardianship for adults, guardianship for the elderly or for children, guardianship of the person or of the estate, and guardianship court.