Guardianship Attorneys Serving Collin, Dallas, and Denton Counties
When someone you care about can no longer make safe decisions for themselves, the law provides a process to step in and protect them. Guardianship is a serious legal responsibility, and getting it right matters both for the person in need and for the family members who take on that role.
At Hanshaw Kennedy Hafen, we guide clients through guardianship proceedings for minors and incapacitated adults in Texas across Collin, Dallas, and Denton counties. We handle the court filings, hearings, and ongoing requirements so you can focus on the person who needs you. If you need a guardianship lawyer in Collin County, TX, an adult guardianship attorney in North Dallas, or a minor guardianship attorney in Frisco, we are here to help.
When Is Guardianship Needed?
Guardianship may be appropriate when:
- A minor child has lost one or both parents and needs a legal guardian to make decisions on their behalf.
- An adult has become incapacitated due to illness, injury, or cognitive decline and can no longer manage their own affairs.
- A person with a physical or intellectual disability needs ongoing support with personal care or financial decisions.
There is a need to protect someone from neglect, exploitation, or financial abuse.
Not every situation requires a full guardianship. In some cases, a power of attorney or medical power of attorney may accomplish the same goals with less court involvement and more preserved independence for the individual. We help clients evaluate all available alternatives to guardianship in Texas before pursuing guardianship.
Types of Guardianship in Texas
Texas law recognizes several types of guardianship depending on what the individual needs and how much authority is required.
Guardian of the Person
Responsible for decisions about the individual’s daily life, living arrangements, medical care, and personal wellbeing. This type of guardianship is appropriate when someone cannot safely make decisions about their own care. A guardian of the person in Texas takes on these important responsibilities.
Guardian of the Estate
Responsible for managing the individual’s financial affairs, property, and assets. This is appropriate when someone is unable to handle their own finances, is at risk of financial exploitation, or has significant assets that need oversight. A guardian of the estate in Texas ensures proper financial oversight.
Full Guardianship
Combines both guardian of the person and guardian of the estate. The guardian takes on broad responsibility for both personal and financial decisions.
Limited Guardianship
Grants the guardian authority over specific areas only, allowing the individual to retain rights and independence in all other areas. Texas courts are required to consider limited guardianship before imposing a full guardianship.
Temporary Guardianship
Can be established quickly when there is an immediate need to protect someone. A temporary guardian has authority for a limited period while the full guardianship proceeding moves through the court.
The Guardianship Process in Texas
Guardianship proceedings in Texas go through the probate court in the county where the proposed ward lives. The process generally involves:
- Filing an application with supporting documentation including medical evidence of incapacity.
- Appointment of an attorney ad litem to represent the interests of the proposed ward.
- A court hearing where a judge reviews the evidence and determines whether guardianship is appropriate.
- Issuance of letters of guardianship granting the guardian legal authority to act.
Ongoing requirements include annual reports to the court on the ward’s condition and, for guardians of the estate, accountings of all financial activity. HKH helps clients understand and meet these obligations throughout the guardianship.
Guardianship Disputes
Sometimes family members disagree about whether guardianship is needed, who should serve as guardian, or how the guardian is managing their responsibilities. These disputes can be difficult and emotionally charged.
Our attorneys represent clients in contested guardianship proceedings, including challenges to a proposed guardianship, removal of a guardian who is not fulfilling their duties, and disputes between family members over who should serve. We approach these cases with the goal of protecting the person at the center of the dispute while resolving the legal issues as efficiently as possible.
Frequently Asked Questions
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