Grand Prairie Guardianship Lawyer

Are you looking for a guardianship lawyer in Grand Prairie, TX?

At Ellen Williamson Law, PC, we provide trusted guardianship counsel for families throughout Grand Prairie.

If your parent, spouse, or adult child can no longer make safe decisions and has no power of attorney in place, a Grand Prairie, TX guardianship lawyer can ask a probate court to give you legal authority to act. That authority can cover medical care, living arrangements, and finances.

Ellen Williamson has practiced law in Texas since 2004. She founded Ellen Williamson Law, PC in 2013, and guardianship has been part of our practice for 13 years. We represent applicants, serving guardians, and other parties in these cases. Schedule a consultation with our firm to discuss your family member’s needs.

Guardianship Lawyer Grand Prairie, TX

A guardianship lawyer represents people in the court process that appoints a decision-maker for someone who can’t manage personal or financial matters. At Ellen Williamson Law, PC, we file guardianship applications and represent guardians after their appointment. We also accept court appointments to represent proposed wards. Texas law calls the person under guardianship the ward.

About 459,000 Texans aged 65 and older are living with Alzheimer’s, according to the Alzheimer’s Association. Dementia is a common reason families file for guardianship, because a person with advanced dementia can no longer sign a power of attorney. Guardianship gives a family legal authority when a person lacks the capacity to manage personal care or property and no less restrictive alternative meets the need.

Types of Guardianship Cases We Handle in Grand Prairie

Texas guardianships differ by what the guardian controls and how long the appointment lasts. We handle temporary and permanent guardianships of both the person and the estate. A Grand Prairie guardianship attorney at our firm can explain which type fits your family member’s needs.

• Guardianship of the person. A guardian of the person makes decisions about medical care, housing, and daily life for the ward. Families often seek this appointment for a parent with dementia or an adult child with an intellectual disability. We quote a flat fee for most guardianship of the person applications.
• Guardianship of the estate. A guardian of the estate manages the ward’s money and property under court supervision. The guardian needs court permission for most transactions and files an accounting each year. We bill this work hourly because the amount of court supervision varies with the assets.
• Temporary guardianship. A court can appoint a temporary guardian when a person faces an immediate threat to health, safety, or property. The appointment lasts for a limited period and grants only the powers listed in the order. We prepare these applications when a family can’t wait for a full hearing.
• Permanent guardianship. A permanent guardianship continues for as long as the ward needs it. Cases that involve dementia or a lifelong disability are usually permanent. We represent applicants from the first filing through the guardian’s qualification.
• Guardianship for young adults with disabilities. Parents lose legal authority over medical and educational decisions when a child with a disability turns 18. We prepare these applications before the 18th birthday so the court can hear the case near that date. Many families pair the guardianship with special needs planning to protect government benefits.
• Annual reports and accountings. A guardian’s duties continue after the appointment. Guardians of the person file a yearly report on the ward’s condition, and guardians of the estate file a yearly accounting. We offer a subscription arrangement for guardians who want continuing legal help with these filings.
• Modification and restoration of rights. A ward’s condition can improve or decline after the court appoints a guardian. The ward or another interested person can ask the court to expand, limit, or end the guardianship. We represent wards, guardians, and family members in these proceedings.
• Power of attorney. Probate courts ask whether the proposed ward signed a power of attorney before the guardianship application. We review those documents and address them in the application. We also prepare powers of attorney for guardians and other family members.

Why Choose Ellen Williamson Law, PC as my Guardianship Lawyer in Grand Prairie, TX?

Court Appointments and Private Clients

Ellen Williamson represents private clients in guardianship cases. She also accepts court appointments to represent proposed wards and to serve as guardian ad litem. We have prepared guardianship cases from the applicant’s position and from the proposed ward’s position, and we use both perspectives when we advise a family. Clients who hire a Grand Prairie guardianship lawyer at our firm work with a practice that handles cases in Dallas County and the surrounding counties.

Ellen is a member of the inaugural class of the Dallas Probate American Inn of Court, a group of probate attorneys and judges. Our firm also serves clients as a Grand Prairie, TX estate planning lawyer, so one practice can handle a family’s guardianship case and its planning documents.

Plain Explanations and Defined Fees

Ellen earned a BBA in Finance from Texas A&M University in 2001 and a law degree from SMU Dedman School of Law in 2004. She then spent more than seven years at the U.S. Small Business Administration’s disaster loan processing center. That job required her to explain legal processes to people under serious stress. She uses the same approach with families who need a guardianship.

We charge flat fees for guardianship of the person. Guardianship of the estate is billed hourly, and continuing work after the appointment is available by subscription. You receive a fee quote after the consultation.

What Is Important To Understand About Guardianship Cases?

What Are Important Aspects of a Guardianship Case?

A guardianship removes legal rights from the ward, so Texas courts require proof before granting one. The court also continues to supervise the guardian after the appointment.

• The applicant must show that the proposed ward is incapacitated, and a physician’s written evaluation usually supplies that evidence.
• The court appoints an attorney ad litem to represent the proposed ward, and that attorney can contest the application.
• The judge must consider alternatives first. Examples include a durable power of attorney, a supported decision-making agreement, and a representative payee for benefits.
• A court can limit the guardian’s powers to the areas where the ward needs help, and the ward keeps the remaining rights.

We tell families at the consultation what evidence the court will expect and where their case needs more support.

Guardian of the Person, Guardian of the Estate, and What Each Role Covers

Texas divides guardianship into two roles. A guardian of the person decides where the ward lives and consents to medical treatment. A guardian of the estate collects the ward’s assets, pays bills, and reports each transaction to the court. One person can hold both roles, or the court can appoint a different person to each.

Guardianship of an adult is different from the guardian that parents name in a will for minor children. An adult guardianship requires proof of incapacity. Before filing, we check whether the proposed ward signed planning documents that already give someone authority.

What Is The Guardianship Case Timeline?

A permanent guardianship in a Texas probate court follows the stages below. The guardianship process often takes three months or longer from filing to hearing.

• The applicant files the application with a physician’s certificate of medical examination.
• The proposed ward is personally served, and close family members receive notice.
• The proposed guardian registers with the state and completes a background check and training.
• A court investigator and the attorney ad litem each meet with the proposed ward before the hearing.
• The judge holds a hearing and signs an order if the evidence supports a guardianship.
• The guardian takes an oath and posts a bond. The clerk then issues letters of guardianship.

What Should You Bring to Your Guardianship Consultation?

We send an intake worksheet before the meeting. A guardianship lawyer in Grand Prairie will also ask for the records below.

• Bring any powers of attorney, wills, or trusts that your family member signed.
• Bring recent medical records or the name of the treating physician.
• Bring a list of your family member’s income, accounts, and real estate.
• Bring the names and addresses of close relatives, because they must receive notice.

At the consultation, we explain the options and the evidence each one requires. You receive written notes and a fee quote afterward.

Dallas County Probate Court and Local Resources

A guardianship is filed in the county where the proposed ward lives. Most Grand Prairie residents file in the Dallas County Probate Courts. Residents of the Tarrant County part of the city file in the Tarrant County probate courts.

• The Probate Court Investigators’ Office assesses whether a guardianship is necessary in Dallas County cases. It also monitors existing guardianships and investigates complaints.
• The Dallas County Clerk’s probate division keeps the records for the county’s three probate courts. Guardianship filings go through this office.
• The Tarrant County probate courts publish an About Guardianship guide. It describes the process and the alternatives that courts must explore.
• The Judicial Branch Certification Commission registers proposed guardians and conducts the required criminal history check.

Reach Out to Ellen Williamson Law, PC to Schedule a Consultation

A guardianship case starts with a review of your family member’s condition and existing documents. Contact us to schedule a consultation with a guardianship attorney in Grand Prairie, TX. Our intake coordinator confirms that we have no conflict of interest and sends a worksheet before your appointment. We quote flat fees for guardianship of the person, and we explain hourly billing for estate matters before any work begins.