Guardianship

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Texas Guardianship Law
Dallas Attorneys specializing in probate court matters including guardianship and estate administration

Attorneys for Guardianships in Dallas, Tarrant, Collin, Denton, Ellis, and Tarrant County, Texas

  

 

 



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What is Conservatorship and how is it different?:

Conservatorship concerns the care and control of a minor's personal decision-making including health care.  Conservatorship is usually established in a suit affecting the parent-child relationship (a "SAPCR") filed in family court.  Pyke & Associates does not handle conservatorship or SAPCR's.

Guardianship can be similar.  A Guardian of the Person has rights like a conservator.  But, a conservator never is authorized to handle a child's money.  Only a Guardian of the Estate can handle a child's money.  Even a parent has no legal authority over their own child's money.

So, if the issue is visitation with a child or health care decisions, and one or both parents of the child is living, a SAPCR is appropriate and a guardianship is not.  If the child has money in its own name (inheritance, life insurance, etc.), then a guardianship is necessary.  Also, a guardianship is usually necessary if both parents have died.

If you are unclear, call our office to determine whether a guardianship is the appropriate procedure for your situation.

 

 
WHAT IS GUARDIANSHIP
ESTABLISHING A GUARDIANSHIP
CONTESTING A GUARDIANSHIP
Guardianship is the legal proceeding necessary when someone cannot act for themselves. It is most commonly needed when:

An elderly parent is no longer able to make medical or financial decisions for themselves

A disabled child becomes an adult -- The Health Insurance Portability & Accountability Act ("HIPAA") may prevent the parent from access to the child's medical records unless the parent is named the "Guardian of the Person"

Financial transactions with minors: A child needs to make a financial transaction or has received a gift or inheritance in their own name, such as the proceeds from a relative's life insurance policy
If your relative is not capable of handling his or her affairs, you may need a guardianship.  Contact our office for more information.  Establishing a guardianship can be relatively inexpensive. 
Learn more about establishing a guardianship.
If you have received notice of a guardianship of a relative and you oppose the appointment, you need legal representation.  You can oppose an appointment of a guardian either because the proposed ward is not incapacitated as alleged or you believe the applicant is not an appropriate person to be named guardian.  Please contact our office to discuss your representation needs.
ADMINISTERING A GUARDIANSHIP
OTHER PROBATE COURT ACTIONS
EXPERIENCE
If you have a guardianship ongoing, regular reports and accountings are required.  If you need help with these reports and accountings, we can be of service.
Our firm is a full-service probate firm.  To learn of our probate services, Learn more about Pyke and Associates Probate Services. or the link above.
Guardianship is one of the services we offer as part of our probate practice.  We regularly appear in the Probate courts of Dallas, Collin, Denton, Tarrant, and Ellis Counties.  Learn more about our experienced attorneys. or at the link above.

12655 North Central Expwy., North Central Plaza I, Suite 700, Dallas, Texas 75243
(214) 866-0133 • Fax: (214) 866-0433 • email: David M. Pyke
Copyright 2003-2009 -- David M. Pyke

DISCLAIMER: ATTORNEYS ARE NOT BOARD CERTIFIED BY THE TEXAS BOARD OF LEGAL SPECIALIZATION