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Guardianship Appointment

Guardianship Appointment
Austin, Texas

Declaration of Guardianship for an Adult

✅ What It Is

A Declaration of Guardian for an Adult is a legal document where an adult names who they want to serve as their guardian if they ever become incapacitated. It’s a proactive step taken while the person is still competent.

 

📌 When You Might Need It

You might consider creating this declaration if:

  • You are concerned about future incapacity due to age, illness, or disability.

  • You want to avoid court-appointed guardians you do not trust.

  • You want to ensure someone you trust handles your personal or financial affairs.

  • This document can also name alternates in case your first choice is unavailable.

 

🚫 Limits on Guardians in Texas

Guardianship is a serious legal arrangement and comes with strict limitations:

  • A guardian must be appointed by a court, even if named in a declaration.

  • The guardian’s powers are limited to what the court authorizes—this could include managing finances, making medical decisions, or overseeing living arrangements.

  • The guardian generally must file annual reports and may need court approval for major decisions.

  • Texas law generally encourages less restrictive alternatives first, like powers of attorney or supported decision-making agreements.

 

Declaration of Guardianship for a Minor

What It Is

Parents can create a Declaration of Guardian for a Minor to name who they want to care for their child if both parents die or become incapacitated. 

 

📌 Why It Matters

Without this declaration:

  • The court decides who becomes your child’s guardian.

  • Family disputes may arise.

  • The child’s care could be delayed or placed with someone the parents would not have chosen.

 

⚖️ Legal Process

Even with a declaration, the court must confirm the guardian is suitable and in the child’s best interest. The court can override the declaration if the named person is found unfit.

 

We’re here to help – contact us today or call (512) 328-3030.

 

 

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Comprehensive, Creative, Trusted Family Law and Estate Planning Help

Our team brings extensive experience to the table, which enables us to provide a wide range of advice and representation regarding family law matters and estate planning needs, such as:

FAMILY

ESTATE PLANNING

 

At the Morrison Law Firm, we achieve faster, less-costly results with less stress and more respect for everyone's emotional well-being. If resolution is only possible in court, we will ensure your rights and interests remain the focus of our efforts on your behalf there as well.

Texas family law and Estate Planning attorney serving communities throughout Central Texas

 

Whether it is divorce, alimony, domestic violence, prenuptial agreements, or other family law concerns, trusted family lawyer Greg Morrison can make a difference in your life. 

If your needs are not litigation related, we excel there. Let us help you design the best possible estate plan for you—distributing your assets in the manner you prefer, protecting your loved ones in the case of your incapacity and empowering you to make sure your wishes are known, and carried out, not only at death but in the event that you are unable to voice them at some future date.

 

Please call (512) 328-3030 or contact us here to schedule a confidential, comprehensive, initial consultation today.

 

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