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Law Firm of Badeaux & Associates
Law Firm of Badeaux & Associates

550 Egret Bay Boulevard, Suite 121
League City, TX 77573
(832) 569-2218
(Intersection of Egret Bay and Barger St)

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HomeGuardianship FAQs

Guardianship FAQs

Practice Areas

Wills and Estates

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  • Estate Taxes
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What is the first step in attempting to gain guardianship over a minor child or an incapacitated adult?

In order to begin the guardianship process, the proposed Guardian, usually the parents of a minor child or family members of elderly persons, must file an application with the court stating their request for appointment. With this application, a letter from the proposed Ward’s doctor or psychiatrist must also be filed to verify that the proposed Ward is, in fact, incapacitated.

What is Guardianship?

Guardianship is the legal process for appointing a person to protect and care for a person and property, such as a child with special needs, or an incapacitated adult, often referred to as a “Ward,” who does not have the mental or physical capacity to manage his or her own interests.

When should I seek a guardianship for my child, spouse or parent?

Any of these situations can lead to circumstances requiring a guardianship:

  • When a disabled child reaches the age of maturity, 18 years old, because their parents by law are no longer their legal guardians.
  • When a minor child inherits, or is awarded money or property in Texas. A minor is presumed incapable of managing finances, but the law does not automatically provide that the minor’s parents can manage the inherited money or property. In this instance, a court has to appoint a Guardian of the child’s estate (finances).
  • When an elderly person who has been affected by a condition that leaves them mentally or physically unable to:
    • Feed, clothe or shelter themselves;
    • Care for their individual physical health; or
    • Manage their personal financial affairs.

Who can become a Guardian of a minor child or an incapacitated adult?

The best choice is a person who is acceptable to the proposed Ward and who sincerely and unselfishly cares for the person with a disability. In addition, the Guardian should live near that person so that the Guardian can be active in his or her care, treatment, and training.

Are there different types of guardianship?

Yes, there are two different types of guardianships. A Guardian of the Estate manages the Ward’s property and assets. A Guardian of the Person is responsible for the Ward’s personal, medical and welfare decisions. An individual can be appointed both Guardian of the Person and Estate for a Ward.

Will anyone be representing the minor child or incapacitated adult’s interests?

Yes, the court will appoint an Attorney Ad Litem to represent the minor child or incapacitated adult. The Attorney Ad Litem will usually visit them in order to gain a full understanding of the proposed Ward’s situation and needs.

Are all of the Ward’s rights removed?

No, the only rights that will be removed are those the court deems the proposed Ward is unable to handle on their own. These rights may include the right to:

  • Operate a vehicle
  • Vote
  • Consent to medical treatment
  • Manage, buy, or sell property
  • Determine residence
  • Marry
  • Make end of life decisions

Practice Areas

Wills and Estates

  • Wills and Trusts
  • Powers of Attorney and Directives to Physician
  • Why Choose Us for Wills & Trusts
  • Estate Taxes
  • FAQ Wills and Estates

Probate

  • Probate Estate Administration
  • Why Choose Us for Probate
  • Executor and Trustee duties
  • Guardianship of Incapacitated Person
  • FAQ Probate

Real Estate Law

  • Real Estate
  • Why Choose Us for Real Estate
  • FAQ Real Estate
  • Commercial Real Estate
  • FAQ Commercial Real Estate

Business Law

  • Business Law
  • FAQ Business Law
  • Buy-Sell Agreements
  • Franchises

Read Client Reviews

Meet Our Attorneys

joanne
Joanne M. Badeaux
Senior Attorney
In her 30 years of practicing law, Joanne M. Badeaux has had the pleasure of representing multiple generations of families in their estate planning, probate and real estate matters. Joanne has seen a… Read More About Joanne
Annabel Moore's Profile Image
Annabel Moore
Attorney
Attorney, Annabel Moore, focuses her practice on estate planning, wills, trusts and probate. Annabel Moore serves as of counsel with the law firm of Badeaux & Associates on particular cases. She e… Read More About Annabel

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Law Firm of Badeaux & Associates
550 Egret Bay Boulevard, Suite 121
League City, TX 77573
Phone: (832) 569-2218
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