How To Find The Right Guardianship Attorney For Your Family In Texas

Establishing guardianship for a disabled adult or minor child can be an emotional process. The best place to start is finding a qualified attorney to help you understand the process and make informed decisions for your loved one.

So how do you find the right attorney for your loved one?

Follow the steps in the guide below to make the best choice and establish a guardianship with confidence.

How To Find The Right Attorney To Guide You Through The Guardianship Process

Ask For Recommendations On An Attorney

Ask family, friends, or financial advisors for recommendations when searching for an attorney. Online reviews and legal directories can also provide insights. As you research, look for reviews that specifically address guardianship. Some attorneys may have excellent reviews for family law or personal injury cases, but they have no experience with guardianship. It is a very specialized area of legal practice.

Consider Personality & Communication Style

The guardianship process can be stressful for both the individual requiring assistance and the potential guardian. Finding an attorney with whom you feel comfortable is essential.

Once you have identified a potential attorney to handle the guardianship matter for you, set up a meeting with him or her. Fortunately, many attorneys offer a free initial consultation, allowing you to get to know them better before hiring them to assist you in the guardianship process.

During initial consultations, consider:

• Communication: Do they explain legal terms clearly and in a way you can understand?
• Patience and Empathy: Are they understanding and patient with your questions?
• Comfortability: Are you comfortable with the personality and communication style of this attorney and their staff?
• Availability: Can you reach them easily when needed?
  
  

Discuss Fees & Expectations

In Texas, attorneys may charge hourly rates, flat fees, or a percentage of the estate. Ensure you understand their fee structure and get a written fee agreement. Ask about potential additional costs like court fees or document preparation.

A trustworthy attorney will always be upfront about their fees.

Trust Your Instincts

After meeting with an attorney, trust your gut. Establishing a full or temporary guardianship can be a long process, so it’s important to work with someone who makes you feel supported and comfortable.

If you suspect the attorney is not a good fit for you or your case, choose someone who is. The worst legal experiences result when the fit between the attorney and the family of the individual needing assistance is bad.

How To Start The Guardianship Process With Your New Attorney

1. For Adults, Identify Your Loved One’s Needs

Guardianship for an adult is all about doing what’s best for your loved one. In some cases, this may mean establishing a temporary guardianship for a short-term incapacity of your loved one until they are able to care for themselves again. In other cases, a full guardianship may be required to ensure their rights are protected long-term.

If the adult is not competent, a guardianship will be required to manage their “person” (actual physical care and custody), and their “estate” (what assets they own). The guardian of the person and of the estate may be the same person, or different individuals with unique qualifications may be required for each role.

The attorney you choose should help you consider the following:

• Can they make any of their own decisions? If so, to what extent?
• What does your loved one need and want?
• Have all other options been considered as an alternative to guardianship?
• What steps need to be taken to ensure the decisions made on their behalf are not made to influence, take advantage of, or harm them?
• Will there be issues in requesting the appointment of guardians for these positions who are not in the order set out in the Texas Estates Code for priority consideration?

2. For Minor Children, Identify Who Would Best Protect Them And Their Assets

If no Will or trust had been created prior to the death of both parents of a minor child, a guardianship will be required to manage their “person” (actual physical care and custody), and their “estate” (what assets they own). The guardian of the person and of the estate of the minor child might be the same person, or people with different qualifications might be needed for both.

Your attorney should help you consider:

• Who is most suited to actually care for the child until age 18?
• Who is most suited to competently manage the assets the child has inherited?
• If the child is old enough to state a preference, who are they most comfortable with in both of these roles (the court probably will consider their preference, but it may not be binding. The court’s ultimate decision will be what is in the best interest of the child)
• Will there be issues requesting appointment of guardians for these positions who are not in the order set out in the Texas Estates Code for priority consideration?

With The Right Attorney, Guardianship Will Not Be As Stressful

The right guardianship attorney will have the skills to handle your legal needs and a personality that puts you at ease. By taking the time to evaluate their experience, communication style, and approach to your case, you’ll be better equipped to navigate the guardianship process with comfort and assurance.

If you live in Texas and would like more information about guardianships, contact Adair M. Buckner now for a free consultation*.

Get A Free Consultation

*(The free consultation does not cover actual review of documents or giving legal advice on a specific situation.)

** This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, specific tax, legal, or accounting advice. We can only give specific advice upon consulting directly with you and reviewing your exact situation.

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