Richmond Guardianship Lawyer

Need help establishing guardianship in Richmond, TX? Contact the top Richmond guardianship lawyer for help moving forward.

When someone you love can no longer make important decisions about their health, finances, or daily care, Texas law provides a legal framework to protect them. Guardianship establishes court-supervised authority for you to manage the affairs of an incapacitated adult or minor child who cannot care for themselves.

The guardianship process in Fort Bend County requires navigating complex legal procedures, medical evaluations, and court hearings. You must balance protecting your loved one’s safety and assets while respecting their dignity and remaining rights. This responsibility demands both legal precision and genuine compassion for the person in need of protection.

At Frank Vendt Child Custody & Divorce Attorneys, we bring decades of experience helping Richmond families through these sensitive proceedings. We understand the weight of seeking guardianship for a parent with dementia, an adult child with disabilities, or a minor who has lost their parents. Our attorneys guide you through each step of establishing, maintaining, or contesting guardianship while keeping your loved one’s best interests at the forefront.

Contact us for a free consultation and discover how our award-winning injury attorneys can help you seek compensation and justice.

Do You Need a Guardianship or a Power of Attorney in Texas?

Watching a loved one struggle with making personal or financial decisions is heartbreaking. You want to protect them, but you may be unsure which legal tool to use.

A Power of Attorney (POA) is a document your loved one signs while they still have mental capacity. This means they can choose who will manage their affairs if they become unable to do so later. A guardianship is a court-supervised process that starts when someone has already lost capacity and did not create a POA.

• Timing: A POA prevents the need for guardianship if done early, while guardianship is your only option once capacity is lost.
• Control: Your loved one chooses their agent with a POA, but a judge decides who becomes guardian.
• Cost: Guardianship generally involves higher legal and court costs than creating a power of attorney.

A Fort Bend County guardianship attorney can evaluate whether a less restrictive alternative is still possible or if guardianship is necessary.

What Is Guardianship of the Person vs Estate in Texas?

Texas courts can appoint guardians to handle different aspects of an incapacitated person’s life. The person who needs protection is called the “ward.”

A Guardian of the Person makes decisions about the ward’s physical care and daily life. You would handle medical treatment, living arrangements, and personal safety decisions. A Guardian of the Estate manages the ward’s money and property. This includes paying bills, collecting income, and protecting assets.

The court can appoint a single person to both roles or split the duties between two people. Understanding these types helps you determine what authority you need to protect your loved one.

Who Can Serve as Guardian in Fort Bend County?

Texas law sets a priority order for who can be appointed guardian, but the court always makes the final decision based on the ward’s best interests.

The law generally prefers these people in order:

• A spouse
• Adult children
• Parents
• Other close relatives
• Qualified agencies or professional guardians

However, you may be disqualified if you have certain criminal convictions, conflicts of interest, or are unable to handle the responsibilities. The court can skip family members and appoint someone else if that serves the ward’s best interests.

An adult guardianship lawyer in Richmond, TX, can assess your eligibility and prepare you for the appointment process.

Call (832) 662-8315 to discuss your eligibility as a guardian.

How to File for Guardianship in Fort Bend County

Establishing guardianship in Texas requires strict adherence to legal procedures. Because it deprives a person of their legal rights, you must have an attorney represent you. The process involves proving incapacity through medical evidence, then following formal court procedures.

Step 1: Confirm Capacity and Gather the Physician’s Certificate

A doctor must examine the proposed ward within 120 days of filing your petition (Physician certificate timeline). The physician completes a standardized certificate detailing the specific mental and physical limitations that prevent the person from managing their affairs. Without this medical certificate, the court cannot proceed with your case.

Step 2: File the Petition and Request Ad Litem Appointments

Your attorney files an Application for Appointment of Guardian with the Fort Bend County Probate Court. The court then appoints an attorney ad litem to represent the proposed ward’s interests throughout the case. The court may also appoint a guardian ad litem to investigate and make recommendations.

Step 3: Serve Interested Parties and Prepare Evidence

The proposed ward and close family members must receive formal notice of the proceeding. This ensures everyone can participate in the hearing. Your attorney will help gather evidence, including financial records, medical history, and information about daily care needs.

Step 4: Attend the Hearing in Fort Bend County

You must present evidence to the judge at a formal hearing. You will testify about your loved one’s condition and your qualifications to serve as a guardian. The attorney ad litem presents their findings, and the judge determines if clear and convincing evidence supports the guardianship.

Step 5: Post the Bond and Complete Oath

If you are approved, you will have to take an oath to do your duties faithfully. You must post a bond after the appointment. This insurance protects the ward’s property from mismanagement. The value of the ward’s estate determines the amount of the bond.

Step 6: Obtain Letters of Guardianship and Calendar Deadlines

After completing the oath and posting bond, the court issues Letters of Guardianship. This document proves your legal authority to make decisions for the ward. You must then calendar essential deadlines for filing inventory and annual reports.

Can You Get Emergency Temporary Guardianship in Texas?

Yes, when someone faces an immediate and substantial risk of harm, a Texas court can appoint a temporary guardian on an emergency basis. This protects people who need urgent medical decisions, face financial exploitation, or live in unsafe conditions.

Emergency temporary guardianship can be established within a few days and typically lasts 60 days (Emergency guardianship duration).

What Happens at the Guardianship Hearing in Fort Bend County?

The guardianship hearing is a formal court proceeding where a judge decides the outcome. Your attorney presents evidence, including your testimony, the doctor’s certificate, and proof of the proposed ward’s incapacity. The attorney ad litem reports their findings and recommendations.

The judge must first consider if less restrictive alternatives exist, such as supportive living arrangements or powers of attorney. Only when no other option is sufficient will the judge grant guardianship based on clear and convincing evidence.

Get experienced representation for your hearing. Contact us at (832) 662-8315.

What Are a Guardian’s Duties and Reporting Requirements?

Being appointed guardian creates ongoing legal responsibilities with strict court oversight. You have a fiduciary duty to act in the ward’s best interest at all times and must report to the court annually.

Your duties depend on your appointment type:

You must seek court approval before making significant decisions, such as selling the ward’s home or changing the ward’s residence. Failure to fulfill these duties can result in personal liability and removal as guardian.

What If the Guardianship Is Contested?

Contested guardianships occur when family members or the proposed ward object to the appointment. These cases are more complex and expensive than uncontested proceedings.

Common reasons for contested proceedings include:

• The proposed ward claims they still have capacity.
• Siblings disagree over who should be appointed.
• Allegations of financial exploitation or undue influence.

Contested cases require additional evidence, witness testimony, and potentially a trial. This significantly increases time and costs, making skilled legal representation essential.

How Much Does Guardianship Cost and How Long Does It Take?

Guardianship costs vary significantly based on case complexity. Uncontested cases typically cost $3,000-$5,000 in attorney fees plus court costs exceeding $1,000. Contested cases can easily cost $10,000 or more.

Timeline also depends on complexity. Uncontested guardianships are often complete in 60-90 days, while contested cases can take six months or longer. We discuss potential costs and payment options during your consultation to ensure transparency.

Legal Guardianship for a Minor in Texas

Courts appoint guardians for minors when parents are deceased, incarcerated, have lost parental rights, or cannot provide care. This creates a stable, legally recognized caregiver for children in need.

Minor guardianships differ from parental custody orders. These cases are handled in probate court with the child’s best interest as the primary focus. If the child is Age 12 or older, the judge considers their preference for a guardian.

The guardianship typically ends when the child turns 18, unless the child has disabilities requiring ongoing support.

If you need to establish legal guardianship for a minor child in Texas, you need experienced legal guidance to navigate the probate court process successfully.

To protect at-risk kids, call (832) 662-8315 or click here to contact a Texas family law attorney who will keep your information private.

Guardianship vs Custody in Texas

People often confuse guardianship and custody, but they are distinct legal concepts under Texas law.

Custody (Conservatorship): 

A Family law matter between parents during divorce or separation, defining each parent’s rights.

Guardianship: 

Probate court matter granting authority to non-parents when parents are unavailable.

Guardianship involves more court supervision, including annual reporting requirements, than standard custody orders.

Why Choose Frank Vendt Child Custody & Divorce Attorneys?

When facing the responsibility of caring for a loved one, you need legal expertise combined with genuine compassion. With 85 years of combined experience serving Fort Bend County families, we understand the emotional weight of these decisions.

Our attorneys know local probate courts, judges, and procedures intimately. This familiarity allows us to guide you through the process efficiently and confidently. We are committed to transparency and effective advocacy, whether your case is straightforward or complex and contested.

We bring the same client-focused approach from our family law practice to every guardianship case we handle.

Start With a Richmond Guardianship Lawyer Today

Your loved one’s safety cannot wait. Texas law requires an attorney to represent a guardian in guardianship proceedings, making the first step essential.

We serve Richmond, Rosenberg, Katy, Sugar Land, and surrounding Fort Bend County communities. Our consultations help you evaluate all options, including less restrictive alternatives, and determine the best path forward.

Call (832) 662-8315 now or complete our contact form to schedule a consultation.

Frequently Asked Questions

Can Multiple Siblings Serve as Co-Guardians in Texas?

Yes, courts can appoint two or more siblings as co-guardians, but this arrangement requires them to cooperate effectively on all decisions concerning the ward. This works best when siblings have complementary skills and maintain good communication.

Will the Guardian Receive Payment From the Ward’s Estate?

Guardians are entitled to reasonable compensation from the ward’s estate, but all payments require court approval. Attorney fees and court costs are also typically paid from the ward’s assets when sufficient funds exist.

Does Guardianship Affect Government Benefits Like SSI or Medicaid?

The guardianship appointment itself does not disqualify a ward from government benefits. However, how the guardian manages the ward’s funds can affect benefit eligibility, sometimes necessitating the use of a special needs trust.

Can Someone With a Criminal Record Serve as Guardian?

It depends on the offense. Usually, felony convictions make people ineligible. The court considers the crime’s nature and the amount of time that has passed when determining suitability to serve. 

Can Out-of-State Relatives Be Appointed Guardians in Fort Bend County?

Yes, out-of-state residents can be appointed, but must designate a local Texas resident as their agent for legal service. Courts often prefer local guardians for practical reasons but decide based on the ward’s best interests.

How Do You Transfer Guardianship Between Counties in Texas?

To transfer guardianship, you file an application in the new county with certified copies of the original court orders. Both the current and new courts must approve the transfer based on the ward’s best interests.