The Brannon Law Firm, PLLC

Hiring an elder law attorney may seem unnecessary at first, but navigating the complex world of Medicaid, special needs, guardianship, Social Security, long term care planning, and estate planning can be daunting. Having an experienced elder law attorney by your side can ensure the rights and health care wishes of those in need are respected.

Elder law attorneys handle a wide variety of legal matters affecting older or disabled adults. Experienced and effective elder law attorneys like Kristin Brannon know how to navigate complicated family relationships, financial affairs, healthcare issues, and government program requirements quickly and with clarity.

Pearland elder law attorney Kristin Brannon has extensive experience handling:

• Estate and End of Life Planning – Plan your healthcare support system as you age, as well as create a power of attorney, living will, and other estate documents

• Long Term Care – Plan for in-home care or assistance, Medicaid, insurance, and more

• Guardianship – Draft wills, trusts, guardianship, probate, and more necessary legal documents

Working with an elder law attorney helps you plan out the legal and financial aspects of your next stage of life, or that of a loved one, with confidence. You can trust Kristin Brannon to work with care and empathy as she ensures your affairs are in order.

Guardianship in Texas

A guardianship is a legal relationship created and monitored by the courts that removes legal rights from an individual (the ward) and gives those rights to a trusted person (the guardian). This may sound very scary and legally complex, but sometimes this relationship is required to manage the affairs of a loved one who cannot take care of themself. While uncomfortable, obtaining guardianship over an elderly or otherwise incapacitated family member may be required if they have lost the capacity, either physically or mentally, to provide their own food, clothing, or shelter, care for their own physical health, or manage their financial affairs.

There are two types of guardianship that may be sought in Texas – guardian of the estate and guardian of the person. The guardian of an estate has control over the ward’s finances and property. The guardian of a person controls the ward’s personal affairs, including housing, medical decisions, educational decisions, etc. One person can serve as both the guardian of the estate as well as of the person. Becoming a guardian is a serious matter that should only be sought after consulting an attorney.

If it has been determined that guardianship is required, your attorney will file an application for guardianship with the appropriate court. A doctor will be required to evaluate the potential ward and certify that he or she is incapacitated. The ward and their family members, as well as any other “interested persons,” must be served with the application or notified of its status for the process to proceed. The petitioning guardian, as well as the ward if physically capable, must appear before court with attorneys for a hearing in which the court will hear testimony as to why a guardianship is needed.

If you have been appointed the guardian of either an estate or a person, you will have 20 days from the date of the appointment to sign under oath that you will take on the responsibilities and duties of a legal guardian and post a bond with the court. Once the bond has been posted, the court clerk will issue “Letters of Guardianship” that prove you are the guardian. These documents expire after 16 months and you will be required to file an annual report and post new bond to obtain new letters. The oath that is signed is legally binding. If you violate the oath, the court can remove you as guardian.

If you are navigating the complex process of becoming a guardian for an incapacitated family member, contact a Pearland guardianship lawyer today. Kristin Brannon can guide you through this tough time and fight for what is best for your family.