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Guardianships in El Paso, Texas

Guardianship Attorneys in El Paso, Texas

“Guardianship” is court supervision of an incapacitated person. In a successful guardianship proceeding, the court appoints a guardian legal authority to make personal and/or financial decisions for the incapacitated person.

When a loved one is no longer able to manage their financial or personal affairs due to old age, a guardianship may be required. A guardianship is also used to have the authority to act for a minor or to manage the minor’s property.

The appointment of a guardian is no small feat, as the ‘ward’ or ‘incapacitated’ person loses legal authority to act for themselves. A guardianship proceeding can be intrusive and costly. Thus, courts go to great lengths to ensure that guardianship is needed and that a proposed guardian is qualified to act in such a role.

Who can be appointed guardianship?

In order of preference, the courts will prioritize the following persons:

  • The spouse of the incapacitated person
  • The nearest of kin, considering the minor’s best interests
  • An eligible person who is best qualified to serve

If the ward is a minor and is at least 12 years of age, the minor may select a guardian in writing, subject to the court’s finding that the proposed guardianship is in the minor’s best interests.

When is a Guardianship Needed.

Those suffering from mental incapacity may qualify for guardianship. Those with less permanent challenges usually do not qualify. Less permanent challenges include acute drug addiction, alcoholism, or patterns of destructive financial habits. The Court will find a guardianship inappropriate if there exists a less invasive alternative.

El Paso Probate Lawyers

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