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

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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Visiting this site does not create an attorney-client relationship. This site is intended to provide you with educational information that is very basic by its nature. Accordingly, you should seek out additional information on those subjects that apply to you. This information is prepared specifically for Texas residents and some material would not apply to residents of other jurisdictions. Every individual is unique. You should consult an attorney regarding your own situation.