Experienced Attorney Helping Individuals Seeking Guardianship in Dallas, Texas
Acting as a guardian for a family member is one of the most caring and compassionate responsibilities a person can assume. It is vitally important for the health and well-being of the person who needs care. We commend you for considering taking on this role.
Courts do not easily take away the legal agency of adults so in order to be appointed a guardian, you must be able to prove, with medical evidence, that there is a need and that the proposed guardian is suitable to serve. There must also be no less-restrictive legal alternatives to help the ward other than a guardianship.
Dallas guardianship attorney Christopher Parvin is committed to helping families care for a loved one. He is a Board Certified Specialist in Estate Planning and Probate Law by the Texas Board of Legal Specialization. Only approximately 1% of Texas attorneys have earned this specialist certification.
Chris has devoted his legal career to helping families with difficult life decisions that require legal intervention. When you need highly experienced representation, contact our Dallas law office to schedule a consultation: (214) 974-8940.
Proving the Need for Guardianship
One of the challenges of guardianship is establishing that the person has become incapable of handling their own affairs. People may not be suffering the effects of a mental illness all the time. Sometimes they may be doing well; and other times poorly. But a guardianship is in place all of the time. The court will want to know if this is the least restrictive way to address the problem?
Illnesses like Alzheimer’s develop over a long period of time. At what point has the person’s thinking become so disordered that they now need someone else to handle their affairs?
Sometimes, loved ones view behavior that they don’t agree with as “crazy,” but the behavior is not so much crazy as eccentric. Now the court has a difficult decision. People have a right to live their lives as they see fit, even if we think the things they are doing are unsafe or unwise. There are no black and white answers. That’s what makes guardianship cases so difficult and it’s why you want to work with a highly experienced guardianship lawyer.
When you meet with attorney Parvin, he can explain how the local probate judges have viewed cases similar to yours in the past. He can advise you on strategies short of guardianship, as well as help you secure medical opinions regarding capacity. Armed with this information, you can then decide whether you want to pursue guardianship. If that is your decision, he will build a thorough case and represent you in court.
Preparing in Advance for Challenges to Come
If a loved one is fit at this time but you know that his/her capacity will be compromised in the future, you can work with Chris today to lay the groundwork for “Guardian in advance of need” or for Powers of Attorney. It is much easier to get the courts to agree to these plans in advance, when the vulnerable adult is still competent and can agree to them.
Challenging a Guardianship
Frequently guardianship disputes arise. Chris also represents prospective guardians, family members and people who are fighting the appointment of a guardian in guardianship litigation. Issues for litigation include:
- Misuse or theft of funds or assets of the vulnerable person
- Abuse or neglect of the vulnerable person
- Unsuitability of a proposed guardian
If you have questions or concerns about guardianship in Dallas County, contact estate planning lawyer Chris Parvin to schedule a consultation.