Law Office of James A. Robertson

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Law Office of

James A. Robertson

In Family Law Court, Experience Matters!

CALL US NOW

FREE INITIAL CONSULTATION

Former 5-Year Brazoria County Family Law Judge

James A. Robertson Guardianship Practice

If an elder parent or another close family member residing in Pearland, Manvel, Alvin, Rosharon, or other areas in Brazoria County has become physically or mentally incapable of caring for him or herself, you may need to have a guardian appointed in order to ensure that your loved one’s financial and personal needs are taken care of.

Due to various physical or mental disabilities, the person may not be able to take care of his or her own finances, make medical decisions, and accomplish other activities of daily living. Guardianship is the legal process a court uses to determine that an adult (the ward) is unable to make decisions about some, or maybe even all areas of their life and is therefore legally incapacitated.

As a result of that determination, the court can appoint an individual, or an entity such as a state agency, as guardian to make those decisions for that adult.

If a guardianship is contested, it generally means that the person who was appointed or who is being considered for appointment is challenged by another party. This commonly happens when it is believed that the guardian has not properly fulfilled the role of legal guardian or is somehow unfit to do so.

If the matter is uncontested, obtaining a guardianship over your loved one can be a simple process. Guardianship can however, become a complex process if the matter becomes contentious. In either situation, enlisting the services of qualified guardianship attorney James A. Robertson to handle the matter for you ensures that it will be navigated through the court system properly.

The Responsibilities of a Guardian

Chapter 13 of the Texas Probate Code defines the laws, responsibilities and purpose of a guardian. These include, but are not limited to:

Providing care, supervision, and protection for incapacitated persons who qualify for guardianship services under the laws of the state of Texas.
Arranging for placement in facilities, such as long-term care facilities, hospitals or foster homes.
Arranging for services, including medical, mental health and/or services to persons with intellectual disabilities, for these persons under guardianship that qualify for such services.
Making medical decisions.

A guardian must not only take care of the ward, but is also required to manage the ward’s finances and estate. Included in these duties are reports that must be filed to account for the ward’s finances. Failure to properly prepare accounting reports or manage the estate can be considered a breach of fiduciary duty and may subject the guardian to liability for any unaccounted assets or misspent funds.

Brazoria County, Texas guardianship lawyer James Robertson assists families in filing applications for guardianship, contesting applications for guardianships filed by adversaries of the ward, filing breach of fiduciary duty claims against guardians that have stolen or otherwise mismanaged money, and defending guardians that have been accused of mismanagement or misappropriation of funds.

If you or someone close to you is in need of a guardian to take care of their financial affairs, or if there are possibly others who are attempting to wrongfully seize assets and control of a family member, call guardianship attorney James Robertson today and begin the legal process of protecting your or your loved one’s assets and interests.

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Disclaimer: Sending information to the Robertson Law Firm via text or web form does not in any way create or imply an attorney-client relationship.