There are many different situations which bring about the need for a Guardianship. Guardianships can provide necessary help to minors, adults determined incapable of caring for themselves either physically or financially managing their needs, or in the case of mental illness. Visiting a probate attorney can help determine the facts of whether a Guardianship is necessary.
Guardianships can be broken down into Minor and Incompetent Guardianships. Either situation, deemed necessary by a court appointed expert or doctor, can require a Guardian in order to protect a loved one both physically and financially. A Guardian is appointed to assume the responsibilities to provide care to a deemed ward or the estate of a deemed adult incapable of caring for himself or herself. Generally the process begins with an application for the Guardianship through the proper court. Guardianship applications can be completed by a Probate Lawyer in Austin TX, or other attorney familiar with a specific court jurisdiction. If necessary, the matter can be deemed an emergency, thereby deciding the matter within a 24 hour period in most cases. Otherwise the procedure follows the court determined process of determining the proper person so serve as the Guardian. The prospective ward is evaluated by properly qualified or court appointed professional to determine the ward’s incapability of caring either physically and/or financially for themselves.
Guardians can also be appointed of either the Person, providing only food, clothing and shelter and caring for the physical needs of the ward and/or appointed as Guardian of the Estate. Guardians of an Estate would ensure the financial interests of the ward were recognized. Probate Attorneys have experience in maintaining the required documents for accounting purposes and submitting annually documents indicating the activity of Estate of the ward.
The Court alone can approve financial expenditures on behalf of a ward upon the request of the Guardian, in writing and following proper procedure. The Court also does not allow Guardians to benefit from their services to the ward. Guardianship matters are reviewed on a regular basis and can be terminated upon professional and Court approval.
