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GUARDIANSHIP
A guardianship is a legal proceeding in the circuit courts of Texas in which a guardian is appointed to exercise the legal rights of an incapacitated person.
A guardian is an individual or institution such as a bank trust department appointed by the
Texas probate court to care for an incapacitated person-called a "ward"-or for the ward's assets.
Any adult may file with the Texas probate court a petition to determine another person's incapacity setting forth the factual information upon which they base their belief that the person is incapacitated. The
Texas probate court then appoints a committee of two professionals, usually physicians, and a lay person to examine the person and report its findings to
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the probate court. The probate court also appoints a guardianship attorney to represent the person alleged to be incapacitated. If the examining committee concludes that the alleged incapacitated person is not incapacitated in any way, the probate court will dismiss the petition. If the examining committee finds the person to be incapable of exercising certain rights, however, the probate court schedules a hearing to determine whether the person is totally or partially incapacitated. A guardian is usually appointed at the end of the incapacity hearing.
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1450 Hughes Rd., Suite 215
Grapevine, TX 76051
817.329.1155
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