Certified Texas Guardianship Attorneys
Attorneys at Marquardt Law Firm, P.C. are certified with respect to Section 1054.201 of the Texas Estates Code as eligible to be appointed as an attorney for an applicant for guardianship in a guardianship proceeding in Texas courts. Attorneys at Marquardt Law Firm, P.C. have completed training and instruction related to guardianship issues that meets the requirements set forth in Section 81.114 of the Texas Government Code.
An "Incapacitated Person" is “an adult individual who, because of a physical or mental condition, is substantially unable to provide food, clothing or shelter for himself or herself, to care for the individual's own physical health, or to manage the individual's own financial affairs"
First, it is necessary when an individual is not taking care of himself/herself because of illness or injury.
In Texas, the courts will want to know whether the proposed ward will keep any rights, such as
- right to vote;
- right to keep a driver's license;
- right to marry.
In order for the applicant to qualify to be a guardian, he/she must convince the court that he/she:
- is not under the age of 18;
- is not also incapacitated;
- is capable of prudently managing and controlling estate assets;
- is not asserting an adverse claim against the proposed ward;
- is not indebted to the proposed ward;
- is not a party to a lawsuit in which the proposed ward is also a party;
- is not unsuitable;
- is not disqualified by a written declaration;
- is not known to be a person whose conduct is notoriously bad;