Waco Guardianship Attorney – (254) 230-9865
My name is Jean Fair and I am a elder law attorney based in Waco. I regularly assist clients in McLennan County, Bell County, Brazos County, and other surrounding counties. If you are in need of a estate planning, probate, or a guardianship for a loved one, I would be happy to speak with you about your matter.
My rates are competitive for the Central Texas market and I offer flexible payment plans to better assist my clients, as I understand legal issues are taxing on many aspects of a person’s life.
If you retain my services, I encourage you to contact me when needed. Overall, my goal is to offer personalized representation at a reasonable and predicable price.
I currently accept payment via cash, check, Visa, MasterCard, Discover, and American Express.
Please feel free to call, text, or email to set up a consultation.
Texas Guardianship Overview
In Texas, guardianship is a process in which the rights of one individual are taken away and given to another person with a court’s permission. As guardianship is a serious matter with lasting effects on both the incapacitated person and the guardian, courts often will not grant a guardianship if there are least restrictive means available.
Guardianships are typically needed when:
- An elderly individual no longer has the capacity to care for themselves and/or cannot manage their financial affairs;
- A disabled individual who is over 18 years old, but cannot assume some or all adult responsibilities; or
- A minor has received an inheritance outside of a trust
In Texas, there are two different types of guardianship: Guardian of the Person and Guardian of the Estate. A Guardian of the Person looks after an incapacitated person’s physical well-being, while a Guardian of the Estate is appointed to care for an incapacitated person’s financial affairs and property.
Guardianship of an Elderly Person
Often, early and proper estate planning will avoid the need for guardianships in the case of elderly incapacitated persons. Putting assets in a revocable living trust or designating a loved one to manage your financial affairs with a Power of Attorney will typically avoid the necessity of a Guardian of the Estate for an elderly individual. Similarly, designating a loved one to make medical decisions in a Medical Power of Attorney may avoid the necessity of a Guardian of the Person. However, if these types of documents are missing, guardianships may be a viable option to help care for your loved one.
Guardianship of a Disabled Person
A Guardianship of the Estate may be needed if property or assets are left to a loved one who is disabled or unable to manage their own financial affairs. However, this type of guardianship may be avoided with proper estate planning and setting up special needs trusts.
Guardianship of the Person for a Disabled or Special Needs Individual Over Age 18
This is a common guardianship of the person. After a disabled or special needs individual reaches the age of 18, the parents are no longer the authority for making decisions for their benefit and well-being. However, parents can maintain legal authority for a loved one’s medical, living, and education decisions with a guardianship of the person.
Guardianship of a Minor
If you are the parent of a minor, be sure to look over your current estate plan, and if necessary, set it up with trusts to avoid a guardian of the estate for your minor child to avoid any unnecessary complications for your loved ones. As many individuals leave assets and property to their minor children, it is common to see banks and insurance companies require a guardianship of the estate before any transfers or payments are made.