If you are seeking to have a guardian appointed for a loved one, you are facing an exacting legal process. A knowledgeable Waco guardianship lawyer can guide you through the legal process, whether you’re seeking to establish guardianship for a loved one, modify an existing arrangement, or defend against a guardianship petition. From preparing petitions to navigating court requirements, we provide compassionate, practical legal guidance to protect the rights and best interests of both the ward and family members.

When Will a Court Appoint a Guardian?

Note that guardianship is not a preferred option for the court. A guardianship is very restrictive in that it completely takes away one’s rights to make decisions for themselves. Thus, you may have a high burden of proof that you need to meet before you can persuade the court to both grant a guardianship request and allow a certain person to serve in that role. 

In general, there are three things that you must prove to be successful in a guardianship proceeding:

• The ward is incapacitated, and they lack the ability to take care of their own physical health or make the necessary financial decisions
• The ward’s rights cannot be protected by a less restrictive option
• The proposed guardian is qualified to act in the best interests of the ward

How Do You Prove That a Guardianship Is Necessary?

Your guardianship attorney will compile medical evidence that shows that the ward is incapacitated. Typically, this evidence will include the results of a physical examination showing the person’s condition. The proof may also include instances in which the proposed ward was harmed by their inability to care for themselves, such as missed medical appointments or adverse financial consequences. Since Texas courts will reject a proposed guardianship when there is a less restrictive option, you must also make the showing that one does not exist.

A Guardian Is Subject to Ongoing Legal Requirements

Even when a court grants a guardianship, you must make a continued showing that the person remains incapacitated and that the guardian is acting in their best interests. The guardian will remain under continuing legal supervision, and court approval may be required for major life decisions that affect the ward. The guardian must file an annual report with the court showing the ward’s:

• Living arrangements
• Physical and mental condition
• Medical care and services

Further, the guardian must also file an annual financial report with the court, including all income, expenses, and asset management. The guardian may even be subject to penalties if they fail to qualify with the court requirements.

Contact a Waco Guardianship Attorney

If you are considering seeking a guardianship, you must be aware that you will need to go through a detailed legal process, and approval of the request is not guaranteed. The first step in the process is to seek legal advice from a Waco guardianship attorney. You can schedule an appointment with a Waco guardianship lawyer at The Law Offices of Brett H. Pritchard by completing our online form or by calling us today at 254-781-4222.