Guardianship Attorney in Tyler, TX

Types of Guardianship in Texas

Guardian of the Person

A guardian of the person is responsible for the ward’s day-to-day care. This may include decisions about medical care, living arrangements, and education. The guardian does not have authority over the ward’s finances or property.

Guardian of the Estate

A guardian of the estate manages the financial affairs and property of a ward. This may include paying bills, managing investments, collecting income, and protecting assets. The guardian of the estate does not handle personal care or medical decisions.

Guardian of the Person & Estate

This type of guardianship combines both roles and grants authority over the ward’s personal care and financial matters. It is often used when a minor or incapacitated adult requires support in both daily life and asset management.

Temporary or Emergency Guardianship 

Temporary or emergency guardianship is granted for short periods to address urgent needs, such as medical emergencies or immediate safety concerns. It is often used to provide authority quickly while a full guardianship case is pending.

When Does Guardianship End?

Guardianship ends when the need for court protection is no longer necessary. The specific timing depends on whether the ward is a minor or an adult. 

Guardianship for minors typically ends when the child turns 18. If the child is still in high school, this may be extended to age 19 or graduation. Additionally, if a minor legally marries, they are considered emancipated and the guardianship must be terminated. 

For adults, guardianship ends if the court finds the ward has regained the ability to care for themselves or their property. Guardianship is automatically terminated upon the death of the ward or guardian. If a guardianship was solely for an estate and the funds are depleted ("exhaustion of assets"), the court may close it due to lack of necessity.

When Do I Need a Guardian for a Minor or Adult?

A guardian may be necessary when a person cannot make safe decisions for themselves or manage their personal or financial affairs. 

For minors, this may occur if parents are unavailable, deceased, or otherwise unable to care for their child. For adults, a guardian may be necessary if they have cognitive disabilities or serious health issues that prevent them from handling daily living or financial responsibilities. 

Our guardianship lawyer can assess your situation, discuss your legal options, and advise on whether guardianship is appropriate for your family’s circumstances.

How Does Texas Law Handle Guardianship for Special Needs Adults?

Guardianship for special needs adults is designed to protect individuals with physical or cognitive disabilities. A court-appointed guardian can make personal, medical, and financial decisions on behalf of the adult while balancing their independence whenever possible. 

Guardianship is often coordinated with a broader estate plan to protect government benefits and preserve assets. We can guide you through the legal complexities of special needs trusts, Medicaid planning, and other special needs considerations to support your loved one’s future. 

Can I Choose a Guardian for My Child Before an Emergency Arises?

Parents can designate a guardian for their minor children in advance through a will or other estate planning documents. This allows you to choose who will care for your children if something happens to you, rather than leaving the decision to the court during an emergency. Our attorney can help you draft or update documents, advise on naming primary and alternate guardians, and coordinate the designation with your existing estate plan to provide a clear roadmap for future decision-making. 

How We Help 

When it comes to protecting your family’s future, you need a firm you can trust to prioritize your best interests at each stage of the process. At Michael D. Franks, Esq, our holistic and laid-back approach sets us apart. We apply integrated financial and legal knowledge to help individuals and families develop well-crafted estate plans that reflect their needs and goals. As a native Texan and seasoned entrepreneur, our attorney brings real-world experience to every case and provides practical guidance tailored to each client’s unique needs. 

Protecting your loved ones starts with straightforward legal guidance. Call (903) 226-7232 to schedule a free consultation with our knowledgeable lawyer.