Guardianship Approved for an Elderly Parent With Dementia

Overview

An elderly woman had reached the point where she could no longer safely manage her finances or make important medical decisions on her own. She had no powers of attorney in place, leaving her family with no legal authority to step in and help. The only path available was a court ordered guardianship under the Texas Estates Code.

The Dispute

A family needed court approved guardianship for an elderly parent with dementia and no existing legal documents in place. Without a power of attorney or any other legal arrangement, no family member had the authority to access her accounts, speak with her doctors, or make decisions on her behalf. Every day without legal authority created real risk for her health and financial wellbeing.

Legal Strategy

David Borger reviewed the family’s full situation and confirmed that guardianship was the appropriate course of action given the absence of any less restrictive alternatives. He gathered the required medical documentation establishing the mother’s incapacity, prepared all court filings in compliance with the Texas Estates Code, and coordinated with the court appointed attorney representing the proposed ward. He walked the family through each stage of the process, kept them informed at every step, and represented them at the guardianship hearing.

Result

The court approved the guardianship and appointed a qualified guardian for both the person and the estate. The family gained the legal authority to make medical and financial decisions without further delay, and were able to turn their full attention to their mother’s care.

We had no idea where to begin. David Borger handled everything, kept us informed, and made a very difficult process feel manageable.

— Robert Henry