Texas Guardianship And Conservatorship Legal Questions

To contest a guardianship, you must be represented by an Approved Guardianship Attorney.  Check with your local probate court or, if none, the county court at law for a list or search for "Approved Guardianship Attorney" on the State Bar of Texas website (or use the Find a Lawyer function and search for "guardianship" and the name of your county.) You may also want to talk with a lawyer about filing a temporary restraining order (to be followed by a permanent injunction).  But please be aware that while the guardian may be required to use your mother's assets to pay for her care, she may not be required to give her money. Current law requires the guardian to check on the ward four times a year.  Some courts want the guardian to check on the ward every month.    ... Read More

You most likely signed a temporary power of attorney.  That must be signed by both parents.  It is revocable at any time.  Send your mother a letter by certified mail, return receipt requested, revoking the temporary power of attorney and demanding the return of your daughter.  Keep a copy of the letter and the mailing notice.  If your mother does not return your daughter, take these and your daughter's birth certificate to the police and charge your mother with unlawful restraint and kidnapping and/or hire a family lawyer to file a habeas corpus (give us the body) in civil court.... Read More

If you and your daughter's mother signed (before a notary public) a Temporary Power of Attorney (revocable at any time) giving your mother the authority to make medical and education decisions for your daughter using the form created by the Texas state legislature, that is one thing.  But awarding actual guardianship, temporary or not, can only be done by a probate court.  Please look carefully at the document which you and your daughter's mother signed -- and note that it must be signed by both parents.... Read More

No. Both parents together can sign a temporary power of attorney, revocable at any time, which allows someone to care for their child. One parent cannot grant someone else temporary custody and control even during that parent's visitation periods.  That court ordered visitation is personal to that parent and cannot be transferred to someone else. Whether the child can be ordered to visit the parent in prison is a question for a family lawyer and may well require new orders from the family court.    ... Read More

Please post your question under family law:  it will probably be necessary for the mother to (voluntarily) and the father to (involuntarily?) terminate their parental rights.  After caring for your niece for six months, you may be able to seek legal custody.  This may be less expensive than seeking guardianship.  Note that in many areas Lawyers Referral Service offers a program for people of modest means who do not qualify for free representation by Volunteer Legal Services.... Read More

Search  for "Approved Guardianship Attorneys" on the website of the State Bar of Texas.  Keep in mind that many practice in counties near that in which they are registered.  A guardianship application can only be filed by an Approved Guardianship Attorney. You will need to submit a Physician's Certificate of Medical Examination (which you can download from the Travis County Probate Court website), do a one hour online training course and submit to a criminal background check.... Read More

Did you get guardianship through a probate court? If not, you should file in probate court to get a real judicial guardianship. As you see, a power of attorney doesn't carry much weight. If a judge decides who is guardian of her person and her estate, no one can change that without going to court. ... Read More

You cannot file it yourself.  It is the unauthorized practice law to attempt to do so since you are representing your son's estate rather than yourself.  In addition, there are many requirements for getting a guardianship that you would not know without being an attorney or having an attorney.  I highly recommend you hire an attorney. Sincerley, Kevin Spencer (214) 965-9999... Read More

You should not have to "re-do" the guardianship as long as it is on-going and has been kept current.  The fact that you are asking makes me think that the latter has not happened.  When your son turned 18 years old, the previous guardianship would have terminated, unless you filed an Application with a Report of the Well-Being of the Ward indicating that it should continue and specifically order that same is continued.  If you did not get the latter, then the previous guardianship would have termianted and there would have been a "wrap-up" of the previous guardianship and it would have ended.  If the latter happened, then YES - you would need start over and open a new guardianship over the person of your adult son.  There is really no other option. Sincerely, Kevin Spencer (214) 965-9999 www.spencerlawpc.com ... Read More

Yes, of course, an attorney can be a guardian of an estate in Texas.  All guardianships require a bond and guardianship of an estate requires a bond sufficient to cover and protect all liquid (non-real estate) assets of the Ward, plus income for a year.  If the appointed guardian cannot qualify for a bond of that size, then he or she cannot serve.  If they can, on the other hand, then absent a statutory disqualification, anyone can serve as a guardian of an estate.  Being able to qualify for the bond is a pre-requisite to qualifying as the guardian of an estate. The appointed guardian is duty-bound to act in accordance with his or her fiduciary duties, but the bond is there and available to protect and put back any money that is spent outside of those duties or the duties and requirements of the Court.  It is also there to return any money or assets taken or stolen by the person appointed, if that were to happen (and it does on occasion).... Read More

The best solution would be to contact the probate court and ask to be notified of all proceedings in the matter. If you do not agree with what your sibling is doing, let the court know. You may contest the proceeding if you do not think it's in the best interest of your father. You will likely need an attorney to file a contest, but you don't need an attorney if you just want to be notifed of the proceedings.... Read More

Your power of attorney is still valid although your name has changed. However, the purpose of having a power of attorney is to use it as proof that you have the authority to act on behalf of another person, so if a third party saw your document, he or she may wonder if in fact you are the same person as the name on the document. Therefore, I recommend having the durable power of attorney updated with your current name. I would also suggest considering a medical power of attorney for your mother because as she gets older, there is a possibility that she may not be able to make decisions for herself. This will also allow you to find out what her wishes are concerning life sustaining treatments and other medical decisions that may need to be made in the future. ... Read More

Your question falls into the family law arena, not the guardianship and conservatorship arena.  While a conservatorship involves custody, you would not be in a probate court situation, based upon the facts you have provided, but you would be in faimly court instead. You need to inquire of a family law attorney in the area of custody and visitation. Good luck to you, Sincerely, Kevin Spencer www.spencerlawpc.com ... Read More

Once you turn 18 you are entitled to apply to become the guardian of your sister.  The problem you have is Texas law establishes a hierarchy (by statute) of persons who should appointed as guardian of a ward - particularly, a minor ward.  In this case, your parents would be the first persons on this list and you would be third behind them.  Unless you can prove that they should not be your sister's guardian, i.e., that is not in her best interest that her parents be appointed as guardian, then you will not be successful in your endeavor to become her guardian.  You will have to, essentially, show that your parents are unfit as parents.  This is extremely difficult and would be very expensive from litigation costs. Your inquiry makes the entire situation sound very simple - unfortunately, it is not simple and not inexpensive. I hope this answers your question(s). Sincerely, Kevin Spencer www.spencerlawpc.com ... Read More