Guardianship Attorney in Kingwood, TX
The need for a guardianship may arise when a person is incapacitated. In Texas, an “incapacitated person” is defined as being: “An adult who, because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter for himself or herself, to care for the individual's own physical health, or to manage the individual's own financial affairs."
Several situations may present the need for a guardianship including a special needs child who is turning 18, an adult who has been injured or fallen ill in a way that affects their cognitive abilities, or a child who has lost both parents. A caregiver for the person may need authority to act on the person’s behalf and can apply for a court to appoint them as guardian for that person, referred to as a proposed ward.
A guardianship can be simply for the person- allowing the guardian to make medical decisions for the proposed ward and to determine where the proposed ward will reside. A guardianship can also be simply for the estate – allowing the guardian to manage the ward’s income and assets in a manner to best provide for the ward. In most cases, a guardian will be for the person and the estate.
Special Needs Planning
Attorney Amy Adkins, herself the mother of a child with special needs, understands the realities facing families as their special needs children turn eighteen as well as the factors that go into qualifying for needs-based programs. She will help you determine the necessity for a Special Needs Trust and any guardianship. In conjunction with the estate planning attorneys in the firm, a full plan for any trust and inheritance can be implemented.
Caring for Aging Parents
As the rate of dementia becomes higher in the elderly population, a guardianship may be necessary to take care of parents who are no longer able care for their own affairs. Contact our office, and Ms. Adkins will be happy to examine the facts of your situation and determine if guardianship or other alternatives are appropriate.