San Antonio Guardianship Attorneys

A guardianship is a relationship that is created and monitored by a court. Guardianship takes away the legal rights from a person who is called the ward, and gives those rights to another person, who is referred to as the guardian. Being appointed as the guardian of a minor or incapacitated adult comes with a great deal of responsibility. There are many reasons for guardianship, requirements for qualification, and procedures that must be followed to satisfy the court. If you are considering establishing a guardianship, terminating one, or replacing a guardian, call the guardianship lawyers of Allen & Roig, LLP for a consultation about your situation. We will educate and advise you regarding all aspects of guardianship, and take you through the each legal step of the process.

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Guardianship Types

There are two kinds of guardianships. One is called a “guardian of the person” and the other is “guardian of the estate.” A guardian of the person has control over the ward’s personal matters, such as housing, medical, and educational decisions. A guardian can be appointed for a minor, an adult individual, who, because of a physical or mental condition, is substantially unable to provide for themselves, care for their physical health, or manage their financial affairs; or an individual who must have a guardian appointed in order to receive funds due to them from any governmental source.

Guardian of the person may be classified as full or limited, and that allows the guardian to make decisions for the ward with regard to:

  • Determining where they will live
  • Placing them into a nursing home
  • Consenting to medical treatment
  • Allowing or forbidding their travel plans
  • Filing for divorce, or refraining from doing so
  • Similar non-financial rights

A guardian of the estate can also be classified as full or limited, and grants control over the ward’s property and finances. Guardians of the estate are supervised carefully due to the high potential for abuse of their financial position. A guardian of the estate may be vested with the authority to:

  • Pay the ward’s bills
  • Decide which bills to pay if the resources are insufficient to pay all of them
  • Invest the ward’s money
  • Sign contracts on behalf of the ward
  • Apply for government benefits
  • File a lawsuit on the ward’s behalf
  • Buy or sell property on behalf of the ward

Certain financial decisions may require the court’s approval. A guardian is not responsible for a ward’s debts, but might be found liable for mismanaging their finances. One person can serve as both a guardian of the person and a guardian of the estate.

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Seek Legal Representation Right Away

The San Antonio guardianship lawyers of Allen & Roig, LLP have extensive experience representing clients who face these complicated legal hurdles. We will assess your case and help you with the guardianship process. We also have experience if it is necessary to take legal action against a guardian who is taking advantage of their ward. Don’t hesitate and wait too long before contacting a guardianship attorney in San Antonio, TX. Call (210) 377-2529 Today!