San Antonio Guardianship of a Minor Lawyer

Bexar County Guardianship of a Minor Attorney Serving San Antonio

Every guardianship case requires care and guidance throughout the legal process. This is especially true when dealing with guardianships involving children, including those who have special needs. These types of cases have complex legal procedures to follow. Our San Antonio guardianship attorneys have the experience to guide you through the application process and court proceedings that will result in the best possible living situation for the individual and their loved ones.

Guardianship of Minors

In the state of Texas, a parent is the guardian of a child until the child reaches the age of eighteen. The child is then legally responsible for their own decisions and actions. However, in cases where the child's biological or adoptive parents can no longer care for the child because of neglect, incapacitation, or death, a guardian can be appointed to take care of the routine care and decision-making for the minor.

Parents can agree to grant guardianship of their children to a trusted individual or pre-designate a guardian in case they become incapacitated or deceased. A court can also order the termination of parental rights, after which another person can seek a court order granting them guardianship. During a tragic situation where a child loses their parents, we can help to establish a minor guardianship. This type of guardianship can help manage any inheritance that a minor may receive from their parents' estate, such as real estate, life insurance benefits, and other financial assets.

Establishing Powers of Attorney for Children

Another option in place of setting up a guardianship is to establish powers of attorney for a child or children. Instead of permanently surrendering parental rights under a guardianship, powers of attorney can last for a predetermined time. This can be a valuable tool to allow a trusted family member or another adult to make decisions and perform specific duties without the parent relinquishing their rights.

Establishing Temporary Guardianship

In a limited number of cases, when a judge rules that the ward or their assets are in imminent danger, temporary guardianship can be established. In these cases, which may involve either children or people with special needs, the temporary guardianship is set for up to 60 days. After the 60-day period, the court will determine whether a permanent guardianship is warranted.

Special Needs and Incapacitated Persons

For those parents who need to establish guardianship for their special needs child or for an individual who has been injured or incapacitated and can no longer make important decisions on their own, a guardian can provide day-to-day guidance and care for those who cannot fully take care of themselves. Before a special needs child turns 18, it is essential to plan whether a guardianship should be put in place to manage their affairs. The experienced attorneys at The Law Office of Ryan C. Moe, PLLC can help you through this process.

These guardianship agreements for children with special needs can be customized to their specific needs and their ability to function on their own as they transition into adulthood. Some individuals may need less supervision of their daily decisions, while others will require full guardianship. This process requires navigating an application process and presenting the guardian's case in court. Our lawyers will stand beside you and help you through the process to ensure that you will have the right to provide care and guidance to the special needs individual.

San Antonio Lawyers for Minor and Special Needs Guardianship Cases

At The Law Office of Ryan C. Moe, PLLC, our attorneys can assist you in setting up legal guardianship for a minor or a special needs individual. Contact a guardianship attorney by calling 210-861-6000 or contact our office by email. We serve clients in Bexar County and throughout the San Antonio area, including Boerne, Castroville, Devine, Floresville, Hondo, Jourdanton, La Vernia, New Braunfels, and Seguin, and including but not limited to Wilson County, Medina County, Kendall County, Guadalupe County, Comal County, Bandera County, and Atascosa County.