Houston guardianship attorney Whitney L. Thompson (https://www.wthompsonlaw.com/obtaining-guardianship-of-an-adult-child-in-texas/) of the Law Office of Whitney L. Thompson has released an informative article titled “Obtaining Guardianship of an Adult Child in Texas.” The article discusses the crucial process of establishing guardianship for adult children, offering valuable insights for parents and guardians navigating this complex legal terrain.
Houston guardianship attorney Whitney L. Thompson begins by explaining the essence of guardianship, a legal procedure where a court grants a responsible party, often a family member, the authority to make decisions on behalf of an incapacitated adult, referred to as the ward. The article outlines the two primary types of guardianship in Texas: guardianship of the person and guardianship of the estate. “Guardianship of the person involves providing care and protection for the ward, while guardianship of the estate focuses on managing the ward’s finances,” says Thompson.
As children with disabilities approach adulthood, their parents must take steps to establish legal guardianship. Houston guardianship attorney Whitney L. Thompson highlights that once a child turns 18, parents no longer have the legal authority to make decisions on their behalf. To secure guardianship, parents or other trusted individuals must file a petition with the probate court in the ward’s residence. “The court’s primary goal is to maintain as much independence for the incapacitated person as possible, often assigning guardianship only over specific areas of the ward’s life,” states Thompson.
Houston guardianship attorney Whitney L. Thompson emphasizes the importance of working with a knowledgeable attorney when petitioning for guardianship. The petition process requires detailed descriptions of the areas where the adult child needs supervision, such as personal care, financial decisions, and daily living activities. Thompson advises, “Courts may ask parents to explore less formal support options before granting guardianship, such as joint bank accounts, supported decision-making agreements, or special needs trusts.”
Once the petition is filed, the court appoints an attorney ad litem to represent the adult child’s interests. This attorney investigates whether guardianship is necessary or if other services can meet the child’s needs. The attorney ad litem gathers information from various sources, including medical records, educators, and family members, and participates in the court hearing to advocate for the child’s best interests. “The attorney ad litem’s role is crucial in ensuring the court makes an informed decision based on comprehensive evidence,” explains Thompson.
The article also sheds light on the definition and responsibilities of a legal guardian. According to Houston guardianship attorney Whitney L. Thompson, a guardian assumes responsibility for the care of a minor child or another adult, making legal, financial, and healthcare decisions on their behalf. “Guardians provide essential support, including food, shelter, and clothing, and must file annual reports to the court detailing the ward’s well-being and financial status,” Thompson notes.
Texas offers several types of guardianships, including full or partial guardianship of the person, guardianship of the estate, and temporary/emergency guardianship. The law allows for only one guardian to be appointed per person or estate, but separate individuals can be designated for each if it benefits the ward. The court can modify or terminate guardianship if the ward regains certain abilities, demonstrating a flexible approach to guardianship arrangements.
Obtaining guardianship of an adult child in Texas is a multifaceted process that requires thorough understanding and careful planning. “Parents should consider all available support options and work closely with a guardianship attorney to navigate the legal complexities,” advises Thompson. By doing so, they can ensure their adult child receives the appropriate care and protection while maintaining as much independence as possible.
For those seeking to establish guardianship, it is crucial to engage with an attorney who can guide them through the petition process and advocate for their child’s best interests. Whitney L. Thompson’s article serves as a comprehensive resource for parents and guardians, providing clarity on the steps involved in obtaining guardianship and the responsibilities it entails.
About the Law Office of Whitney L. Thompson:
The Law Office of Whitney L. Thompson, based in Houston, TX, is dedicated to providing compassionate and personalized legal services in areas including guardianship, estate planning, and probate. Led by Whitney L. Thompson, the firm is committed to helping clients navigate the complex matter of guardianship to ensure their loved ones receive the care and protection they need. The firm’s mission is to offer informed and supportive legal counsel, empowering clients to make decisions that best serve their families’ futures.
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