Guardianship Attorney

Guardianship is the court-created relationship between an incapacitated individual, called a “Ward” and a court-approved Guardian. A Guardianship strips the Ward of very important rights, rights that most of us enjoy or even take for granted, rights that the proposed Ward may not be able to exercise due to age or incapacity. The Application for and imposition of a Guardianship is a deliberately difficult process that receives special scrutiny as it moves through the court. The court will even appoint an attorney to represent the proposed Ward, to ensure that the Guardianship is in the best interests of the proposed Ward.

David Borger possesses the required certification mandated by the state of Texas to handle your Guardianship case. The State of Texas recognized two types of Guardianship: Guardianship of the Person and Guardianship of the Estate. Qualified attorneys are required to investigate all reasonable alternatives to guardianship before filing an
application. David Borger can help you consider all your options for Guardianship in Texas.

Navigating the Guardianship Process

The initiation of Guardianship involves filing an application in the County Court or Probate Court within the appropriate jurisdiction. The power of Guardianship is underscored by the Texas Guardianship law, which is the Texas Estates Code. It mandates separate counsel for the proposed ward to safeguard their rights and address concerns during the legal proceedings.

  • Incapacity Confirmation: Verifying that the proposed ward is legally incapacitated.
  • Best Interests Assessment: Determining that Guardianship is in the proposed ward's best interests.
  • Exploration of Alternatives: Confirming that no less restrictive alternatives are suitable for the proposed ward's needs.
  • Qualified Applicant: Ensuring the Applicant for Guardian is qualified and has no conflicts of interest with the proposed ward.

Comprehensive Legal Support

Guardianship is a nuanced legal process that demands the expertise of an experienced attorney. The Borger Law Firm PLLC stands ready to provide you with answers and guidance, assisting you from the initial application process through to the hearing and conclusion. Our commitment is to navigate this complex legal terrain with precision, ensuring the best outcome for your loved ones. Explore our Will Contests page to read about how we can help you in contesting a will.