Handling All Types of Guardianship Matters
Our guardianship attorneys in Bryan, Texas can help you with every step in any process related to guardianship. Our law firm has been around since 1949, so you can be confident when you choose us to be your legal guides.
What Does a Guardian Typically Do?
Guardianship is a fiduciary role appointed by the court and subject to the court’s oversight, which means a guardian has a duty to look out for the best interest of the ward under the court’s supervision. What exactly is the role of a guardian, though? The specifics can change depending on the age and ability of the ward and whether the guardian is of the person and/or the estate.
As a guardian, you might be expected to:
- Help your ward manage their finances, such as paying monthly bills and mortgages
- Advise your ward regarding healthcare decisions or arrange for their care if they cannot make that decision reasonably on their own
- Explore service options that may benefit your ward, like Medicaid assistance or other ways to protect their estate
- Determine where the ward will live
- Make sure the ward receives appropriate education
Why Would You Want to Challenge Guardianship?
When someone is assigned as a guardian, there is no guarantee that other family members will be happy about it. If you have reason to believe that a guardian is not fit to care for someone in your family, like a young nephew or a grandmother, then you might be able to contest the guardianship in court. We can help you collect evidence that shows the guardian should be removed from their duties and replaced with someone else.
Proof that someone should not be a guardian can include:
- Criminal history with convictions for domestic abuse
- Medical record showing their own frail health
- Career information that shows that they travel often
You are not locked into guardianship responsibilities once named as a guardian in someone’s will or estate plan. If you have legitimate doubts about your ability to uphold guardianship duties, let our attorneys know and we can see about requesting a guardianship change with the court on your behalf. For example, if your job has changed and requires you to travel, you could make a clear argument as to why you cannot be a guardian for an elderly loved one who needs regular attention.
Ready to Help You with Tough Decisions
Choosing a guardian or accepting your responsibilities as a newly named guardian is not as easy as many might think. It is a big decision that must be made carefully and deliberately.
To feel certain that you are making the right choice while also minimizing the risk of any legal complications, contact The Payne Law Group today.