Can an Elder Law Attorney Help With Guardianship Matters?

Guardianship is a serious matter that involves taking away a certain amount of a person’s independence and agency over their own lives, and the courts in El Paso, TX do not lightly assign guardianship to an older person. But it’s absolutely necessary in some situations, and an elder law lawyer can help you set up a guardian, remove a guardian if it’s inappropriate, or change a guardian if needed.

Setting Up a Guadianship

There are two main types of guardianship. The first is guardianship of the person, and this is most common for those who either have a developmental or intellectual disability and are over 18, or for an elderly person who is experiencing dementia or other issues that make them unable to make good decisions for themselves. Guardianship of the person allows the guardian to make decisions about where the person will live, their healthcare and similar needs, and to manage small estates. If the person in need of guardianship has no more than $20,000 in assets and only gets Social Security benefits, then the guardian of the person is permitted to take care of their finances, though they must send an annual report to the court about the person they are watching over.Guardianship of the estate, or conservatorship, allows the guardian to manage the finances of someone who is unable to do so for whatever reason. Guardianship of the estate requires careful accounting of the ward’s estate and how it’s being managed, and in most cases, the guardian must get the court’s approval for nearly everything. This is essential to protect wards from guardians who may try to take advantage of their condition.To become a guardian, you will need to complete an application, prove that the person really needs a guardian, meet all challenges, talk over the duties with an attorney, pass a background check, and complete an online training course. Then you will need to apply with the court and can only function as a guardian once the judge has signed off on the guardianship. Guardianship has to be renewed each year, and the courts can rescind a guardianship at any time. 

Challenging a Guardianship

If you or your loved one are being placed under guardianship, you may wish to challenge either the notion of needing a guardian at all or the person being appointed as guardian. This is often not easy to do, and having an elder law attorney on your side will make it much easier. An attorney can tell you what the courts are looking for as they decide on guardianship and how to prove that one isn’t needed. An attorney will also be invaluable if you think an untrustworthy person is being appointed and can help you provide the proof needed to bring a successful challenge.Whatever your guardianship situation, we can help. Call us today at Townsend Allala Coulter & Kludt in El Paso, TX at 915-533-0007 to get help. We also serve clients in Truth or Consequences, NM.

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