Probate Legal Services

What you should know: Guardianship is the process by which the court grants one person (the guardian) the authority to make decisions for another (the ward) regarding their physical and/or financial well-being. Because guardianship strips the ward of many of his or her rights, Texas courts only grant guardianships as a last resort. In order to get a guardianship, the applicant must show the court, among other things, (1) that the proposed ward is incapacitated (as that term is defined by the Texas Estates Code) and (2) that there are no alternatives to guardianship less restrictive of the ward's rights that will provide sufficient protection of the ward and his or her assets. 

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What Emily Smith Law can do for you: Guardianships can be difficult to obtain and, once appointed, a guardian remains subject to ongoing supervision by the court. Guardians are required to file annual reports and accountings and must obtain permission from the court prior to taking most actions related to the ward's person or estate. Emily Smith Law can help you determine if a guardianship is necessary and, if not, walk you through the less restrictive alternatives that can be used to protect your loved one. Should a guardianship prove necessary, Emily will help you obtain the guardianship and ensure you remain in compliance with statutory and court mandated requirements.