In the state of Texas, guardianship is a legal relationship that is created by a court. The relationship created by the court is between a person designated as a guardian and the ward, according to Cornell University School of Law.
The Duties of a Guardian
The guardian is vested with the legal right and duty to care for the personal, medical, and related needs of the ward. The ward is either a minor or an adult who is incapacitated in one way or another.
The specific duties of a guardian depend upon whether the ward is a minor or an incapacitated adult. With that said, the duties typically include making decisions associated with the ward’s daily living.
If an incapacitated adult becomes a ward by order of the court, a guardianship and conservatorship is established. The conservatorship element of the court order grants authority to a conservator to manage the financial affairs of the ward, according to Texas law. The guardian and conservator for an incapacitated adult is typically the same individual.
A primary element of a guardian’s role in a guardianship is that of fulfilling a fiduciary duty. A fiduciary duty is recognized as the need to exercise the highest level of care in a legal relationship. In other words, the actions of the guardian must always be for the benefit of the ward.
Hire a Skilled Guardianship Attorney
If a person in Round Rock, Texas, is in need of a guardianship attorney, the legal team at the Jackson Law Firm stands ready to assist. An initial consultation can be scheduled with a guardianship attorney from the Jackson Law Firm.
During an initial consultation, a prospective client is provided with an overview of what is involved in seeking a court order establishing a guardianship. A potential client is also able to obtain answers to questions about guardianship law in the state of Texas. There is no charge for an initial consultation.
For more information on our Round Rock Guardianship Attorneys please visit our site.