Posted on September 20, 2022 in Guardianship

When people reach an advanced age, they may sometimes have difficulty caring for their own needs. In these situations, guardianship may be an option. A person who is appointed as the legal guardian of an elder may be able to make a variety of important decisions related to medical and personal care, financial matters, and more. However, an elder may not want to completely give up control over their life, and they may want to be able to make certain types of decisions for themselves while ensuring that someone they trust will be able to provide assistance when necessary. In these situations, limited guardianship may be an option, and it will allow an elder to maintain some control over their life while still getting the help they need.

Limited Guardianship vs. Traditional Guardianship

With traditional guardianships, the court appoints someone to be a person's legal guardian. A guardian of the person will be able to address a person's medical care, decide where they will live, and provide for their personal needs. A guardian of the estate will have control over a person's money, the assets they own, and their financial affairs. In a traditional guardianship, the guardian will have complete control over these issues.

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 Posted on August 31, 2022 in Guardianship

The circumstances under which a parent finds themselves seeking to establish another adult as the guardian of their child can be very challenging. Whether a parent is terminally ill, fears deportation, or simply wants to establish guardianship of a child in case of disaster, the guardianship process can bring up tough questions and a long search for answers. 

While some of the existential questions that arise around guardianship of a minor can only be answered by those involved, the legal questions around guardianship can be resolved with the help of a careful plan created in conjunction with a skilled Texas guardianship attorney. If you want to know more about the process of appointing someone to be your child’s guardian, read on and then contact one of our Texas guardianship attorneys for further assistance. 

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 Posted on July 31, 2022 in Guardianship

Texas courts go to great lengths to ensure that elderly individuals who cannot care for themselves have safe, trustworthy legal guardians to help them make important decisions. Tragically, those who are placed in these positions of great responsibility and authority sometimes do the opposite of what they should, abusing or neglecting their elders in terrible ways. Abusers can be anyone, from family members to non-profit agencies, and abuse can occur in many forms. If you are worried that someone you know or love is being abused, neglected, or taken advantage of by their legal guardian, get help from a Texas elder abuse attorney right away. 

Signs That Elder Abuse May Be Happening

Signs of elder abuse are often subtle and difficult to point out. Initially, you may only have a gut feeling that something is wrong. However, telltale signs of abuse often eventually appear that indicate something serious is going on. Here are five things to watch out for: 

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 Posted on June 06, 2022 in Estate Planning

After a person’s death, their family members or others who were close to them may struggle to deal with the loss of a loved one. While dealing with the legal and financial issues related to a person’s estate can be difficult enough, these matters can become even more complex when family members become involved in disputes about their loved one’s will. There are many reasons to contest a will, and many cases involve claims of “undue influence” in which someone convinced the person to create or change a will in a way that was contrary to their actual wishes. Those who are involved in these cases will need to understand the requirements that must be met to prove that undue influence occurred.

Proving Undue Influence

There are many reasons that family members may believe that someone improperly influenced their loved one. For example, a person may have had a close relationship with their grandchild, and they may have stated that they were going to leave certain assets to that grandchild in their will. However, after the person’s death, the grandchild may have found that they had been excluded from the person’s will, and the majority of the person’s assets were instead left to another family member who had helped manage the person’s finances. Because of this, the grandchild may believe that the family member who received the largest inheritance exerted undue influence and caused the person to change their will.

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