At The Law Office of Emily Bohls, we specialize in the distinct responsibilities of Guardianship of the Person and Guardianship of the Estate. Guardianship of the Person involves decisions on daily living, healthcare, and overall well-being, while Guardianship of the Estate manages financial matters like assets and property. Our firm navigates these complexities with tailored legal counsel to safeguard our clients’ best interests. Whether you’re establishing these guardianships or need ongoing management, our certified attorneys offer compassionate, knowledgeable support throughout the process.
The Law Office of Emily Bohls focuses on Guardianship of the Person, making decisions regarding daily living, healthcare, and overall well-being, and Guardianship of the Estate, managing financial concerns such as assets and property. Our skilled attorneys offer customized legal counsel to safeguard our clients’ interests, whether you’re establishing these guardianships or require ongoing management.
At The Law Office of Emily Bohls, Guardianship of the estate entails decisions concerning the ward’s financial affairs. The appointed guardian oversees the management of the ward’s assets, income, and financial matters, ensuring they are utilized for the ward’s overall well-being.
To initiate the guardianship process, the prospective guardian must file an Application with the Court seeking appointment as Guardian of the Person and Estate. This Application must include specific details mandated by the Texas Estates Code, and it must be accompanied by a completed form from the Ward’s doctor affirming the Ward’s incapacity to make decisions independently.
Additionally, effective June 1, 2018, the proposed guardian must register with the Judicial Branch Certification Commission (JBCC) and complete an hour-long guardianship training session, in addition to undergoing a criminal background check. Both registration and training must be completed at least 10 days before the scheduled hearing on the guardianship application.
Once an Application is submitted, the Court must appoint an attorney ad litem to advocate for the proposed Ward’s interests in the guardianship proceeding. Upon appointment, the ad litem usually visits the proposed Ward, either at their residence or the facility where they reside.
If the ad litem attorney does not contest the guardianship on behalf of the Proposed Ward, the next step in the process is the court hearing. During this hearing, the Court will appoint the guardian and determine the bond amount. It’s essential to note that the proposed Guardian must attend the hearing, and the proposed Ward has the option to attend as well.
After being appointed by the Court, the guardian must undergo qualification, which involves taking an Oath to fulfill the duties of guardian and posting a Bond. Specifically, a guardian of the estate must post a bond to cover the value of the Proposed Ward’s liquid assets.
From this stage onward, the guardian of the person has no additional obligations with the Court except to submit an annual report detailing the Ward’s condition.
From this point forward, the guardian of the estate, under the oversight of The Law Office of Emily A. Bohls, must:
Annually, within 60 days after the qualification anniversary date, the guardian of the estate must file an accounting. Additionally, the Application for a Monthly Allowance will need to be reviewed and possibly adjusted annually as necessary. Once again, other applications may be required based on the circumstances of the guardianship.
This form of guardianship empowers the appointed guardian to decide on aspects concerning the ward’s personal welfare and care. This encompasses choices regarding the ward’s residence, healthcare, education, and other personal affairs.
The process begins by filing an Application with the Court to initiate the guardianship proceeding and seek appointment as Guardian. This Application must comply with specific requirements outlined in the Texas Estates Code and include a completed form from the Ward’s doctor attesting to their incapacity to make decisions independently.
Additionally, effective June 1, 2018, the proposed guardian must register with the Judicial Branch Certification Commission (JBCC) and complete approximately one hour of guardianship training, as well as undergo a criminal background check. These registration and training requirements must be fulfilled at least 10 days before the scheduled hearing on the guardianship application.
Once an Application is submitted, the Court must appoint an attorney ad litem to advocate for the proposed Ward’s interests throughout the guardianship proceeding. Once appointed, the ad litem usually visits the proposed Ward either at their residence or their current living facility.
If the ad litem attorney does not contest the guardianship on behalf of the proposed Ward, the next step is the court hearing. During this hearing, the Court will appoint the guardian and determine the bond amount. It’s crucial to note that the proposed Guardian must attend the hearing, and the proposed Ward has the option to attend as well.
Once appointed by the Court, the guardian must undergo qualification. This involves taking an Oath to fulfill the duties of guardianship and posting a Bond. Typically, a guardian of the person is required to post a modest cash bond, usually around $25 to $100.
After this stage, the guardian of the person has no additional obligations with the Court except to submit an annual report detailing the Ward’s status.
To establish guardianship in Texas, a person (often a family member or concerned party) must file a formal application with the county probate court where the potential ward resides. The court will carefully review the application, assess evidence of the ward’s incapacity, and evaluate whether guardianship is warranted. Guardianship is commonly pursued when there are concerns about an individual’s capacity to make reasoned decisions due to factors such as age, disability, mental illness, or cognitive impairment. The court’s decision to appoint a guardian is rooted in ensuring the ward’s best interests are protected.
Guardianship is recognized as a substantial legal duty that should be considered only when no less restrictive alternatives, like powers of attorney or supported decision-making agreements, are available. In Texas, guardianship is closely monitored by the court, necessitating guardians to submit annual accountings and reports to ensure they are acting in the ward’s best interests. Given the variations in guardianship laws and procedures among states, it is imperative to consult with a proficient attorney specializing in Texas guardianship matters. This ensures proper guidance through the process and effective protection of the ward’s rights and well-being. Contact The Law Office of Emily A. Bohls today to learn more!
At The Law Office of Emily Bohls, it’s important to note that guardianship represents a significant legal responsibility and should be pursued only when no less restrictive alternatives exist, such as powers of attorney or supported decision-making agreements. In Texas, guardianship is subject to continuous court oversight, requiring guardians to file annual accountings and reports to confirm they are acting in the ward’s best interests.
Since guardianship laws and procedures vary across states, it’s crucial to seek guidance from a knowledgeable attorney specializing in Texas guardianship matters. This ensures proper navigation of the process and protects the rights and well-being of the ward effectively.
The process usually starts with an initial consultation, during which we meet with the prospective guardian, family members, or other involved parties to discuss the situation and gather essential information. We provide explanations about the legal requirements, responsibilities, and the steps necessary to establish and oversee a guardianship.
At The Law Office of Emily A. Bohls, our process of establishing a guardianship begins with meticulously preparing and submitting all essential legal documents to the court. This comprehensive documentation package encompasses the application for guardianship, along with any requisite forms mandated by the legal framework. We ensure that every detail is accurately completed and promptly filed to initiate and navigate the guardianship process smoothly and effectively.
In an uncontested guardianship case, a crucial stage involves a scheduled court hearing where the guardian is formally appointed by the court. During this proceeding, our dedicated legal team ensures all necessary documentation is in order and effectively presents the case before the court. We facilitate a smooth and efficient process to secure the appointment of the guardian, providing comprehensive support and guidance every step of the way.
After establishing the guardianship, The Law Office of Emily A. Bohls remains steadfast in providing ongoing support. We assist guardians in comprehending their responsibilities, including decisions about the ward’s healthcare, living arrangements, and financial matters. Our commitment extends to being accessible for questions, offering legal advice, and resolving any issues that may arise throughout the guardianship. This may involve seeking court approval for significant decisions or addressing disputes that emerge, ensuring guardians have the guidance and advocacy they need.
Guardians must submit yearly accountings and reports to the court, ensuring transparency regarding their actions and the ward’s financial and personal welfare. We support guardians by helping them prepare and submit these documents correctly and promptly.
When circumstances change, we can assist in seeking court approval for modifications to the guardianship or its termination if it is no longer necessary.
The process usually starts with an initial consultation, during which we meet with the prospective guardian, family members, or other involved parties to discuss the situation and gather essential information. We provide explanations about the legal requirements, responsibilities, and the steps necessary to establish and oversee a guardianship.
At The Law Office of Emily A. Bohls, our process of establishing a guardianship begins with meticulously preparing and submitting all essential legal documents to the court. This comprehensive documentation package encompasses the application for guardianship, along with any requisite forms mandated by the legal framework. We ensure that every detail is accurately completed and promptly filed to initiate and navigate the guardianship process smoothly and effectively.
In an uncontested guardianship case, a crucial stage involves a scheduled court hearing where the guardian is formally appointed by the court. During this proceeding, our dedicated legal team ensures all necessary documentation is in order and effectively presents the case before the court. We facilitate a smooth and efficient process to secure the appointment of the guardian, providing comprehensive support and guidance every step of the way.
After establishing the guardianship, The Law Office of Emily A. Bohls remains steadfast in providing ongoing support. We assist guardians in comprehending their responsibilities, including decisions about the ward’s healthcare, living arrangements, and financial matters. Our commitment extends to being accessible for questions, offering legal advice, and resolving any issues that may arise throughout the guardianship. This may involve seeking court approval for significant decisions or addressing disputes that emerge, ensuring guardians have the guidance and advocacy they need.
Guardians must submit yearly accountings and reports to the court, ensuring transparency regarding their actions and the ward’s financial and personal welfare. We support guardians by helping them prepare and submit these documents correctly and promptly.
When circumstances change, we can assist in seeking court approval for modifications to the guardianship or its termination if it is no longer necessary.
Welcome to The Law Office of Emily Bohls, where we specialize in providing expert legal services in Wills, Estates, Probate, and Guardianship matters. With years of dedicated practice and a passion for helping families in Texas, Emily ensures that every client receives knowledgeable, compassionate, efficient, and cost-effective representation.
