Removal of guardians in Texas

April 24, 2013

Removal of guardians in Texas

Article provided by The Law Office of Laura Coorpender Ramirez, PLLC
Visit us at http://www.coorpenderramirezlaw.com

There are many individuals that are no longer able to care for themselves. Some individuals may have disabilities that make it difficult to get around, while others may lose some of their mental capabilities as they age. Once any of these signs are observed, family members will need to create comprehensive plans that will put a plan in place to provide for their loved ones.

In Texas, in order to have the legal ability to make decisions for these individuals, it will be necessary to undergo guardianship proceedings. A guardian is a person who is responsible for making sure that the incapacitated person, or ward, receives the care that he or she needs to live life as normally as possible.

The guardian will have to follow the rules that were established when the guardianship was created. This includes any specific instructions concerning the distribution of any assets that are set aside to help cover care or other living expenses of the ward.

Occasionally, other friends or family members may disagree with the decisions made by the guardian or allege that the guardian has acted improperly, and may petition for a removal of the guardianship.

The court will examine the petition, and will be looking for specific examples where the guardian may not have performed his or her duties properly. This includes checking for any signs of abuse or neglect directed toward the ward, or the embezzlement of funds that were put in place to care for the individual, as well as other reasons that may give rise to the need to replace the guardian.

Once this petition for removal is filed, the guardian will be given an opportunity to respond to the allegations. There are specific rules regarding the timing of a response, and if a guardian was too long to address these issues, he or she may be removed by the court.

It is important to show how the decisions being made are impacting the ward, and to also demonstrate that all of the assets set aside for the expenses can be documented. Any improprieties can result in removal, and also may lead to additional legal actions to recover missing assets.

If you have questions about an issue related to guardianships, speak to an experienced attorney to discuss the concerns you may have. Whether you are a guardian being threatened with removal, or are looking to ensure that your loved one's wishes are protected, an attorney can help you prepare a plan that will be effective for your situation.

Guardianships can raise many complex issues, and it is important that you understand the process and procedures. Failing to follow these rules could jeopardize your arrangements, and lead to problems down the road for your loved ones.