The Guardianship Process

A guardianship is a major decision involving what is for most people an unfamiliar legal process. If you are considering a guardianship for someone you love — an elderly relative, a family member with special needs or another loved one who lacks capacity to make decisions alone — it is important to work with an experienced team of attorneys you can trust to protect your rights and help you through the process.

At the Houston, Texas, law firm of Hayes & Wilson, PLLC, our lawyers can represent you through the entire probate process. We will work with you to make sure your loved one receives the care he or she needs.

Whether you are seeking a guardianship of the person or a guardianship of the estate, we can help you explore your options and provide sound representation through every stage of the guardianship process. Since a guardianship involves a determination of incapacity and a complete transfer of decision-making rights, we make sure to explore any possible alternatives to guardianship that might be available before we move forward.

The guardianship process generally involves:

  • A court determination of incapacity for the person who will be under the guardianship (the ward): This determination requires a doctor's statement of incapacity.
  • Establishing that you are the best person to be the guardian: This involves a hearing before the court and a court determination.
  • Carrying on the guardian's duties: A guardian is required to always act in the ward's best interests when making financial and personal decisions for the ward.

We can help you with all aspects of the guardianship process. With a wealth of experience and knowledge, our Houston guardianship lawyers can represent you in the court hearings to determine incapacity and help you fulfill your duties as guardian in compliance with the legal requirements involved.

Hayes & Wilson, PLLC ∙ Houston Guardianship Attorneys · Power Of Attorney

To speak with a guardianship lawyer from our firm in a initial consultation, call 713-880-3939 or contact us online.