Guardianship Law

Burdette & Rice specializes in all types of guardianship cases. Guardianship is involved when someone cannot act for themselves regarding legal matters (e.g.–in cases involving a minor or because of sickness, mental incapacity, or some other sort of disablement).

Establishing a Guardianship

If your relative is unable to care or make decisions for themselves regarding their financial- or health-related affairs it may be in their best interests to assist them in setting up a guardianship. Creating a guardianship is relatively inexpensive and consists of filing out the necessary forms, notifying the incapacitated person’s (also known as the ‘ward’) family, presenting the case to a court and having an attorney appointed to your ward (if you do not have one at the time). The entire process usually takes about two to three months to complete.

There are two types of guardianships available to set up:

  • In a Guardianship of the Estate, a person (usually a family member such as a spouse, child, or parent) is given the legal rights to deal with the incapacitated person’s financial and investment matters. This person is given legal precedence to handle any financial transactions (including buying, selling trading, etc.) in the person’s name as long as it is for their benefit and transacted under a court’s supervision (prior approval may be needed). The guardian must present the court with annual statement’s regarding the financial details of the ward.
  • In a Guardianship of the Person, a person is given the right to make all health care, residential, and personal decisions on behalf of the ward. This person is not given the right to handle the ward’s financial affairs.

Guardianship Administration

Under Texas law a guardian must submit annual reports regarding the status of the ward’s finances and state of being. We can help you draft and file the appropriate paperwork as well as advise you on the various legalities of being a guardian.

Contest of an Existing Guardianship

Guardianships may be contested by any person interested in the ward’s affairs or by the ward themselves. These contests may be because one may have a problem with an appointed guardian to a ward’s affairs or because one doesn’t believe that the ward needs a guardian. The Law Office of Burdette & Rice can represent you in your guardianship contest case and make sure that the ward’s best interests are being met.

To discuss your personal guardianship planning or contest needs, please contact us for a free consultation by phone, e-mail, or in person.