Denton Guardianship Attorney

Guardianship is a legal process where a court appoints a person or entity to be Guardian of an “incapacitated person.” The Texas Probate Code defines an “incapacitated person” as an adult individual who, because of physical or mental condition, is substantially unable to :

  • provide food, clothing, or shelter for himself or herself,
  • care for the individual’s own physical health, or
  • manage the individual’s own financial affairs.

If you believe that your loved one is losing the ability to care for and protect themselves or you believe that your loved one is being  abused, neglected or taken advantage of, contact my office to discuss your legal options for protection.

Some common causes of incapacity which may lead to the need for appointment of a guardian include, memory loss, dementia, stroke, major depression, brain injuries, mental retardation, and many other diseases or injuries. The court will determine the scope of the guardian’s authority and restrictions to be placed on the incapacitated individual based on each individual case.

 

Guardianship of the Person

A “guardian of the person” is appointed by the Court to make decisions, exercise specific rights, and server as an advocate for an individual who cannot perform various duties for themselves.

Guardianship of the Estate

A “guardian of the estate” is appointed by the court to manage the estate of the incapacitated person, and has the duty to take care of,  manage, and prudently invest the estate for the benefit of the person who has been declared incapacitated by a Court of  Law.