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McKinney Guardianship Lawyer

If you are considering seeking guardianship of a loved one, it is important to understand the process involved. It is also important to fully consider the alternatives that are available. Becoming someone’s guardian and having a guardian appointed both have significant legal implications, and Texas’ guardianship laws are designed to ensure that guardianships are used only in appropriate circumstances.

At Nordhaus Walpole, PLLC, our guardianship attorneys have extensive experience in all aspects of applying for guardianship in McKinney, Texas. If a guardianship makes sense for your personal situation, we can help you navigate the process and do what is best for your loved one.

Understanding Incapacity

In order to become someone’s guardian, it is necessary to establish that he or she is either physically or mentally incapacitated. In legal terms, “incapacitated” means that a person is either (i) unable to provide for his or her own health, or (ii) unable to manage his or her own financial affairs.

Establishing a loved one’s incapacity can be a difficult and emotionally-challenging endeavor. Not only must you deal with doctors who may or may not fully understand the implications of the process, but you must do so while simultaneously grappling with the reality of your situation and preparing for what is to come.

Then, there are the costs, the paperwork and going to court, all while you wait to find out whether a judge will allow you to take responsibility for your loved one’s needs. Due to the volume and complexity of the issues involved, it generally best to hire an experienced guardianship attorney.

Seeking Guardianship of the Person, Estate or Both

One of the most important issues involved in the process of seeking guardianship is understanding the level of authority you need to act on your loved one’s behalf. In Texas, there are actually two different types of guardianship: guardianship of the person and guardianship of the estate.

  • Guardianship of the Person – Establishes authority to act on behalf of another person (referred to as a “ward”) to ensure his or her physical well being.
  • Guardianship of the Estate – Establishes authority to manage the ward’s financial affairs.

As a guardian of the person or the estate, there are further limits that can be placed on your authority as well. In awarding guardianship, the courts generally seek to grant no more authority than is necessary based upon the ward’s level of incapacity. As a result, during the application process, it will be critical to present evidence that convinces the judge to award the level of authority that you believe is appropriate.

Seeking Guardianship: Considering Alternatives

When seeking guardianship, it is also important to consider the alternatives. After a thorough legal assessment, it may be that guardianship isn’t the best option under the circumstances. At Nordhaus Walpole, PLLC, before beginning the application process, we can help you determine whether a different approach – such as considering in-home care or establishing a durable power of attorney – may be better given the unique circumstances of the situation at hand.

Speak with a McKinney Guardianship Lawyer at Nordhaus Walpole, PLLC

If you would like to speak with a lawyer about seeking guardianship in McKinney, Texas, we invite you to contact us for a free, confidential consultation. Call (214) 726-1450 or contact us online to schedule an appointment at our offices in McKinney, Texas today.

Disclaimer: While our primary office is located in McKinney, Texas, Nordhaus Walpole provides legal representation to residents in the Allen, Frisco, Prosper, and entire Collin County area.