You Should Probably Hire An Attorney
I started a law firm recently and I planned on having a blog. My goals for the blog were to educate the public a little, to introduce myself and my firm, and mostly to explain what I do to those people who always seem to respond with a puzzled question-like, “so…you do wills?” whenever I say that I am a probate litigation attorney.
I stewed over topics and never got started because I couldn’t find the right one. Luckily, an old mentor and good friend reached out and asked if I would talk to a colleague about a legal problem. I eagerly offered any assistance, and we set up a phone call.
This colleague and I discussed his problem and what would be required to rectify it. He didn’t have any experience in the area or with this information. He didn’t speak the language. The experience of having done it gave me the ability to discuss the topic in a casual way that could be comprehended in minutes and likely saved this guy hours.
However, I only knew what to do because at some point in my career a superior had asked what we should do in a similar situation.
“We should probably hire an attorney!” I responded typically with a grin. Then I begun the task of researching and developing a plan as to how to make it happen, but plans are just guesses, the experience came through doing and learning how the strategy would play out.
Ultimately, my advice to him is what I tell everyone, “You should probably get a lawyer.”
Then I realized, something, if this brilliant lawyer had these questions, then certainly the general public had them and more.
Yes, nearly anyone who reads this blog, should probably get a lawyer because the topics are complex and each situation is different, but I hope that this blog gives you some baseline information to help you find the resolutions you need to those complex problems. It isn’t meant to be legal advice and I will try to avoid legal talk when possible and speak plan modern English.
I want to discuss basic legal ideas regarding my focused practice areas as a probate attorney in a way that is less formal and more conversational. I worked really hard to obtain this knowledge and it brings me great joy to share with all who care to read. Thank you to my mentor and friend. You reminded me once again of the joy that is found in sharing this knowledge gained through experience and practice.
If you wish to dive deeper on any of the topics discussed in this blog then “You should probably hire an attorney.”
How do you Replace A Guardian?
When it comes to estate planning, two of the most common tools are trusts and wills. While both serve essential purposes in
Replacing a Guardian in Texas
In Texas, replacing a guardian can occur when the current guardian resigns or when a person (often the ward) petitions the court for a new guardian. The court’s decision is based on the "best interest of the ward" standard, considering factors such as the proposed guardian's relationship to the ward, their ability to serve, and the ward's wishes. A court review is mandatory at least annually, allowing for changes or termination of the guardianship.
Who Can Initiate the Process:
The Ward: The person under guardianship (the ward) has the right to request the court to appoint a different guardian.
The Current Guardian: A current guardian can petition the court to resign.
Other Parties: Anyone can file a petition with the court to request a guardianship or a change in guardianship.
The Court's Decision-Making Process:
Best Interest of the Ward: The court’s primary goal is to act in the ward's best interests.
Ward's Wishes: The ward's preferences for a new guardian are considered but are not binding on the judge.
Suitability of the Proposed Guardian: The court evaluates whether the proposed successor meets eligibility criteria (over 18, sound mind, capable of performing duties) and assesses factors like their relationship with the ward and ability to manage responsibilities.
Review and Monitoring: Texas law requires annual reviews of most guardianships to determine if the current arrangement should continue, change, or terminate.
The Role of the Ward's Wishes:
Designation of Guardian: A ward might have pre-filed a designation of guardian, specifying who they want to serve if their capacity diminishes. While not binding, it provides valuable guidance to the court.
Ward's Nomination: The ward can nominate a preferred person to be their new guardian, and the court must consider this nomination.
How the Process Works:
Petition: A petition is filed with the court to appoint a replacement guardian.
Assessment: The court assesses the ward's needs and the suitability of potential successor guardians.
Court Hearing: A hearing is held for the judge to consider the evidence and make a decision.
Appointment: If approved, the court appoints the successor guardian.
Conclusion
Navigating the complexities of guardianship can be challenging, and the stakes are often high when it comes to the well-being of the ward. Given the intricacies involved in the legal processes and the importance of making informed decisions, it is highly advisable to retain legal counsel. An experienced attorney can provide invaluable guidance, ensure that the ward's best interests are prioritized, and help navigate the court system effectively. By seeking professional assistance, you can ensure that the rights and wishes of the ward are respected and that the guardianship process is handled with the utmost care and expertise. You should to reach out to a qualified attorney to discuss your options and secure the support you need.