San Antonio Guardianship Lawyer

Guardianship Attorney in San Antonio, TX

In San Antonio, a guardianship establishes legal authority over aspects of another person’s life. These powers are needed when that person cannot care for their needs or make decisions for themselves. If there are no other tools in place, such as powers of attorney, then a guardianship is often the most useful option to protect and provide for them. These cases can be complicated, so it’s important to work with a San Antonio guardianship lawyer to better protect your loved one’s rights.

Ramsey Law, PLLC: Diligent Guardianship Representation

Guardianships are delicate situations, with the potential to change you and your family’s lives. It is important that the attorney you work with understands the importance of these cases and has substantial experience in handling them. Amber Ramsey has over 15 years of experience in estate and probate law, so she understands the requirements of establishing guardianships for your loved ones in San Antonio.

Establishing a guardianship can be complex for you and your entire family, but the firm can help you navigate the process and make informed choices. the firm can assess your goals and the unique situation your loved one is facing, and the firm can provide the skilled representation you need.

What Is a Guardianship?

A guardianship is a legal tool used to provide protection and monitoring for adults who are incapacitated. Incapacitation means that an individual has a physical or mental disability that prevents them from either:

• Providing for their own shelter, food, clothing, or other physical care
• Managing their own financial affairs

San Antonio has a disabled population of 16.9%, much higher than the overall state percentage of 12.7%. Of the individuals who are disabled in San Antonio, 8.0% of them have cognitive issues, 7.9% have ambulatory difficulty, and 7.8% have independent-living challenges. The smallest percentage listed, 2.7%, have self-care problems.

Just because an individual is disabled, this does not mean they are incapacitated and require a guardianship. They are only considered incapacitated if:

• A disability is total.
• Their condition impacts the individual in providing for their needs.
• They face difficulties in managing their affairs due to their condition.

If a partial disability impacts these abilities, a guardian may have limited rights in a guardianship.

When a guardianship is created, it takes the rights away from the person who’s under the guardianship, called the ward. The guardian is then given the legal authority to provide for the ward or manage their affairs.

How Do You Establish a Guardianship?

To establish a guardianship, you must first file an application with the court. The Bexar County Court is located at 100 Dolorosa Street in San Antonio. The application must provide important information, such as the name, address, and phone number of the person being proposed as a ward. It must also include the relationship between the potential ward and proposed guardian, along with the type of guardianship requested.

To secure a guardianship in San Antonio, you likely must prove the following:

• The individual you are seeking a guardianship for is incapacitated due to a physical or mental disability.
• They need a certain level of care and legal protection.
• You are qualified to act as a guardian, including having the resources to do so.

Texas guardianship laws require you to be represented by an attorney. A lawyer is incredibly useful in navigating this process, as they can help you determine if a guardianship is needed for your loved one or if other measures can be used. Your attorney can also gather important documentation to prove the need for a guardianship.

What Are the Types of Guardianships in San Antonio?

There are two primary types of guardianships: a guardianship of the person or a guardianship of the estate. Depending on the specific needs of a disabled individual, both guardianships may be used. Different parties may be assigned a guardian of each, or one person may have both types of guardianship.

• Guardianship of the person. This is the full or limited authority of the guardian to make personal decisions for the ward. This includes where they live, along with their healthcare treatment, marital choices, and educational decisions. It is available when the proposed ward cannot care for their person.
• Guardianship of the estate. This gives the guardian full or limited authority to manage the ward’s financial, property, and business affairs. Both real and personal property can be included in this guardianship. It is established when the proposed ward cannot manage their own property and financial decisions.

A guardianship is tailored by the court to meet the specific needs of the ward, granting as many or as few legal abilities to the guardian as is appropriate.

Why Should I Hire a Guardianship Lawyer in San Antonio?

In addition to being required to have an attorney for establishing a guardianship, it is also important to protect your rights and those of the individual you are seeking a guardianship for. These legal decisions are not easy, either emotionally or legally. A San Antonio guardianship attorney can assist with the following:

• Explain the requirements and rights of a guardianship.
• Determine the type of guardianship that is necessary.
• Decide if there are other options for protecting your loved one.
• Navigate the process of incapacity determination.
• File the application with the right information.
• Represent you at hearings.
• Provide ongoing support and legal advice during the guardianship.
• Show you how to meet the responsibilities of a guardian.

At Ramsey Law, PLLC, the firm can support you with skilled and compassionate legal representation.

Are There Alternatives to a Guardianship?

There may be alternatives to guardianship, depending on your loved one’s unique circumstances. A guardianship is generally considered a last resort.

If your loved one created power of attorney documents before they became mentally incapacitated, those documents can legally put individuals in charge of their medical, financial, and legal decisions.

Certain financial benefits, such as Social Security benefits, Medicaid, or food stamps, can be sent directly to a representative of someone who is incapacitated, so it is not necessary for that representative to have authority over the person’s assets.

An attorney can review these alternatives. Then, they can determine what is right for your family’s situation and your loved one’s needs.

Protecting Your Loved One’s Well-Being

Guardianship cases have significant effects on a person’s life, and the support of an attorney is crucial in making sure the process is done right. At Ramsey Law, PLLC, the firm can provide experienced legal advice and comprehensive representation. Contact the firm today if you are considering establishing a guardianship.