Guardianship is the legal process by which an applicant demonstrates to the court that a person is not capable of managing his or her financial or medical affairs.

Typical client: Our typical client is an adult who is taking care of his/her parent or wants to take care of his/her parent because it is clear that the parent can no longer care for himself/herself. Additionally, the client may need help paying the bills of the parent or communicating with the parent's doctor.

The attorneys at Maverick Law understand that the guardianship process can be stressful and intimidating. We are here to guide you each step of the way.

At the initial meeting, we will discuss the procedure to appoint a guardian for the incapacitated person ("Proposed Ward").

We will provide you with a Physician's Statement that must be filled out by the Proposed Ward's physician in order to begin the guardianship process. During the initial meeting, our lawyers will also explain that there are two types of guardians:

1. Guardian of the Estate - the person appointed to handle the finances of the Proposed Ward. The Guardian of the Estate must file an annual accounting detailing the expenses and receipts of the estate.
2. Guardian of the Person - the person appointed to handle the medical condition of the Proposed Ward. The Guardian of the Person must file an annual report detailing the medical condition of the ward.

Depending on your situation, one or both types of Guardians may be necessary. (One person can act as both Guardian of the Estate and Guardian of the Person.) Our attorneys will help you determine which type of guardianship is necessary. After a guardian has been appointed, our lawyers will help you maintain the guardianship properly by assisting you in the preparation of the annual accounting and annual report.

If you have a loved one who can no longer manage their finances or their health, please call Maverick Law and we will help you establish a guardianship in order to protect your loved one and prevent any potential harm that may occur.

Alternatives to Guardianships - If you do not want to pursue a guardianship, there are other ways to protect your loved one such as a Financial Power of Attorney, Medical Power of Attorney, and Management Trust. The attorneys at Maverick Law would be happy to discuss these other alternatives to guardianship.

Here are a few key terms that will help you better understand the basics of a guardianship:

1. Ward - The Ward is an person who is unable to make decisions for himself/herself, and it is in his/her best interest that a person be appointed to handle his/her daily affairs. The Texas Probate Code defines an incapacitated person as "a minor or and adult individual who because of a physical or condition is substantially unable to provide food, clothing, or shelter for himself or herself, to care for the individual's own health or to manage the individual's own financial affairs.

2. Guardian of the Person - The Guardian of the Person is someone appointed by the court to handle the medical decisions for the Ward, as well as the personal affairs of the Ward. The Guardian of the Person must prepare an Annual Report each year and file it with the court.

3. Guardian of the Estate - The Guardian of the Estate is someone appointed by the court to handle the financial decisions of the Ward. The Guardian of the Estate will manage the Ward's financial assets by paying the expenses of the Ward and preserving the remaining assets. The Guardian of the Estate must prepare an Annual Accounting each year and file it with the court.

4. Attorney Ad Litem - The Attorney Ad Litem is appointed by the court to protect the legal interests of the Ward and advise the court as to what is best for the Ward. The Attorney Ad Litem will interview the Ward, the proposed Guardian of the Estate, and Guardian of the Person to make sure that the guardianship is in the best interest of the Ward.