Legal Question in Family Law in Texas

Legal guardianship

Do you have the forms for obtaining legal guardianship over my father who has dementia? Family doctor has declared him as incompetent to make sound medical decisions and short term memory is gone. Is it possible for this to be a voluntary process or does it have to go before a judge for determination in my state?

Thank you for you help.


Asked on 12/26/06, 2:07 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Legal guardianship

You need an attorney that specializes in probate and estate law.

There are some attorneys that specialize in a field called "elder care".

If your father is cooperative, then guardianship might not be necessary.

If he is fighting you, then guardianship probably is NOT an option.

Guardianship is very complex and complicated. You are required to get a bond and to get the court's permission in order to spend money. Sometimes, unfortunately, you have no other option.

I did not need to get one for my father with demensia but he had prepared his legal documents well in advance. By the time I got involved, he no longer fought with me or his doctors.

Best of luck!

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Answered on 12/26/06, 6:57 pm


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