At Looney Smith Conrad & Hefti P.C., our experienced guardianship attorneys serve Houston, Hempstead, and families across Texas with compassion, clarity, and deep legal insight. Whether you’re seeking guardianship for a vulnerable child, an aging parent, or an incapacitated loved one, we guide you through the legal process with confidence and care.
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Guardianship is a legal relationship established by a court, granting one person (the guardian) the authority to make decisions on behalf of another (the ward). Guardianships are commonly created when an individual is unable to manage their own personal, financial, or medical affairs due to age, incapacity, or disability. There are two main types:
Focused on decisions related to the ward’s daily life, care, health, and living arrangements.
Focused on managing the ward’s assets, finances, and property.
Our legal team works with families to establish the appropriate type of guardianship and ensure all court requirements are met thoroughly and efficiently.
An adult may require a guardian if they are physically or mentally unable to care for themselves or manage their own affairs. Texas law defines an incapacitated person as someone who cannot provide food, shelter, or health care for themselves or manage financial matters. Without proper estate planning in place, guardianship becomes essential to ensure their safety, well-being, and financial protection.
Before a court will appoint a guardian, it must find that:
At Looney Smith Conrad & Hefti P.C., we help families navigate this process with respect and transparency, always striving to preserve the ward’s independence wherever possible.
When a child under the age of 18 is left without a parent due to death, incapacity, or other reasons, a legal guardian must be appointed. Texas courts prioritize the child’s best interests and will typically consider the following individuals in order:
Our attorneys assist family members, stepparents, or relatives who are seeking custody or guardianship of a child to ensure that the child is cared for in a safe and stable environment.
If the proposed ward owns property or has significant assets, a guardian of the estate may be appointed to manage finances and protect those assets. Even when a spouse or loved one is available, many financial institutions and businesses require a court-appointed guardian to legally conduct transactions on behalf of the ward.
Guardians of the estate must keep detailed financial records and submit annual reports to the court. We help clients understand these responsibilities and ensure full legal compliance throughout the process.
In urgent situations, such as when an individual’s health or safety is at immediate risk, emergency or temporary guardianship may be established quickly through the courts. Our attorneys can act fast to protect your loved one while helping you transition into a permanent guardianship arrangement if needed.
Many people ask if a power of attorney (POA) can replace the need for guardianship. A POA is a voluntary legal arrangement in which one person grants another the authority to act on their behalf. Unlike guardianship, it does not require court approval and can be revoked at any time by the principal—as long as they are of sound mind.
Guardianship becomes necessary when the individual is no longer capable of making decisions or signing legal documents. If no POA is in place, the court must step in to appoint a guardian. Our team can help you explore both options and determine the best solution based on your situation.
Texas law encourages less restrictive alternatives whenever possible. These include:
At Looney Smith Conrad & Hefti P.C., we evaluate your loved one’s condition and circumstances to determine if a more flexible solution is appropriate, helping preserve autonomy and dignity whenever feasible.
Guardianship proceedings can be emotional, complex, and overwhelming—especially when they involve a family member. At Looney Smith Conrad & Hefti P.C., we treat your case with the urgency and care it deserves. From petitioning the court to ensuring ongoing compliance with legal duties, our guardianship attorneys walk with you every step of the way.
We are available to help you protect the people who matter most. Let Looney Smith Conrad & Hefti P.C. be your trusted advocate in Texas guardianship law.
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