How Much Do You Know about Guardianship?

Welcome to the Kazi Law Firm! We are a boutique law firm steeped in Texas tradition personifying the warmth and congeniality consistent with southern hospitality. We believe in preserving integrity and professionalism with true Texan charm, staying true to our roots, while providing essential, affordable legal services to all. Located just north of Dallas, Texas in the rapidly growing suburb of Frisco; the Kazi Law Firm concentrates on contracts drafting and review, immigration law, will & estates, real estate law, landlord, tenant, mediation, and general business law needs.

In light of the deadly coronavirus pandemic sweeping across the world, I have received several questions regarding care options for aging loved ones. Some of us have been forced to face the difficult reality of watching a family member grapple with diminished capacity to care for themselves or make vital medical decisions. It can be terrifying to watch this downward spiral and sitting idle is simply not an option. I have been counseling clients on whether the legal option of “guardianship” is right for their family members. Guardianship is a probate court proceeding whereby an incapacitated adult is appointed a guardian to care for and make decisions regarding the adult who is unable to care for him or herself. Setting up guardianship for an incapacitated loved one requires the proper filings and procedures through the Texas probate court.

Additionally, it is imperative to understand the process before hiring an attorney to assist with such proceedings. In the optimal scenario, families are aligned and in agreement as to who would be best suited to serve as guardian. Unfortunately, at other times, conflict among family members may arise as to the appointment of a particular guardian. Family relationships are inherently complex by nature and oftentimes lead to dissension.

The application for guardianship must be completed and filed with the appropriate court. This application requires basic information (full name, age, gender, etc.) about both the guardian and the incapacitated person. Furthermore, the application requires a description of the relationship between the parties and the nature and extent of the incapacitation. The incapacitated person in need of the guardian (referred to as the “ward”) is then given proper notice and the court must appoint another attorney to represent the ward’s interests. Finally, the court hears the issues and merits associated with the appointment of a guardian and makes a decision about the appointment.

As you can see, guardianship proceedings can be a vital tool by which to protect a loved one that has become incapacitated. It is imperative to use an experienced attorney to navigate the legal process involved with guardianship appointment for a ward.

I built my law practice on the premise of being a life raft in a sea of sharks. I want to be an advocate for those that have been wronged and are too intimidated to seek help. My firm is here to explore your options, guide you through your legal journey, and give you that safe space to ask questions! There’s no such thing as a stupid question…Only the ones you don’t ask. So, my question to my clients is not “do you have any questions?” But rather “what questions do you have?”

As always, the Kazi Law Firm is standing by to help you in your time of need. Don’t hesitate to contact us today. We specialize in real estate law, landlord-tenant disputes, immigration, and wills & estate planning. Family is at the core of our practice. Just as we treat our family with respect and understanding, we treat yours. Come join the Kazi Law Firm family today!

Why swim alone in shark-infested waters when you don’t need to?