Flournoy McLain, P.C. represents individuals in all stages of guardianship administration in Texas. We have the experience and expertise to handle both contested and uncontested guardianship matters.
The Texas probate court has jurisdiction over guardianship cases in the state of Texas, and, due to the continued growth in our senior population, growth in guardianship laws and administration has fueled a demand for specialized attorneys in this area. Whether you are seeking to obtain guardianship for a friend or family member or you find yourself in need of contesting a guardianship claim, we at Flournoy McLain, P.C. stand ready to assist you through this process.
We understand the stress and emotions that are inherent in the guardianship process. Our goal is to make the guardianship process as understandable, manageable, and efficient as possible.
Q: What is guardianship?
A: A guardianship is when a court appoints a legal representative to manage the financial and/or day-to-day affairs of an individual becomes incapacitated and can longer care for themselves or manage their financial affairs.
Q: What is the difference between a guardian of the estate or a guardian of a person?
A: A “guardian for the estate” responsibilities including managing the financial and/or property affairs of the person or ward. A “guardian of the person” responsibilities include providing medical care, food, clothing and shelter for the incapacitated person. The guardian appointed for the estate or the person is not always the same person.
Q: Who can be appointed guardian?
A: When the proposed ward is an adult, courts generally give preference to individuals designated in advance by the proposed ward via a document entitled Declaration of Guardian. If no such document exists, the proposed ward’s spouse generally has preference, if there is no spouse, next of kin have preference.