Guardianship


The attorneys at The Faciane Law Firm have extensive experience in dealing with the procedures, issues and problems that can arise from a person's incapacity. Our firm pursues and defends guardianships and contested guardianships. All of our attorneys are certified by the State Bar of Texas as Guardianship Ad Litem attorneys.  Our firm also provides incapacity planning services (see our Estate Planning services).

To schedule an appointment, call our office at 817-335-4747 or contact us online.

 

Guardianship - Pursuit and Defense.

The Texas Legislature has authorized certain Texas courts to appoint a guardian to address problems and issues that can arise when a person becomes incapacitated and thus is unable to care for themselves or their property. These Courts are charged with determining whether a person lacks capacity, whether less restrictive alternatives to a guardianship exist, whether a Guardianship is necessary, who should serve as Guardian, and the powers of a court appointed Guardian. If the court appoints a Guardian, then the Court is required to oversee the Guardianship, and the Guardian is required to report and account to the Court. Our attorneys have years of experience in handling Guardianships that include:

  • Preparing, filing and pursuing Applications to Appoint a Guardian of the Person and/or Estate

  • Defending alleged incapacitated persons

  • Preparing, filing and pursuing Applications to Appoint a Temporary Guardian

  • Preparing, filing, and pursuing Applications to Create Management Trusts

  • Representing Temporary Guardians

  • Representing Guardians of the Person

  • Representing Guardians of the Estate

  • Representing Trustees of Managements Trusts

  • Representing Agents under a Power of Attorney

  • Serving as Guardian Ad Litem

  • Serving as Attorney Ad Litem

Contested Guardianships.

Our attorneys are experienced in the disputes that can arise in a guardianship action that include:

  • Contested Capacity

  • Qualification of a Potential Guardian

  • Less Restrictive Alternatives

  • Validity of a Powers of Attorney

  • Validity of the Declaration of Guardian