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Guardianship Representation

Advocate Legal Senior Center provides compassionate care and skilled services to residents of Harris County and surrounding counties interested in becoming a guardian of a person, guardian of the estate, or guardian of the person and the estate. Advocate Legal Senior Center provides direct legal representation of persons interested in seeking guardianship for a loved one who is incapacitated due to physically or mentally disabling conditions. Legal representation is vitally important in obtaining guardianship. As an experienced organization in this area, Advocate Legal Senior Center can offer assistance in obtaining guardianship for a loved one, and navigating the process once someone is appointed as guardian. For more information on how Advocate Legal Senior Center can assist you, please contact our office for an assessment. Please see the below for an explanation of training that Advocate Legal Senior Center offers.

The following section is to appear in the section titled “Houston Guardianship Training.” In the paragraph beginning “Advocate Legal Senior Center’s primary focus is assisting with Guardianship,” please insert before the last sentence:

Advocate Legal Senior Center now offers a guardianship training course devoted to teaching recently appointed guardians and those interested in becoming guardians about the duties and responsibilities of a guardian. Classes are held every second Thursday in English and fourth Thursday of the month in Spanish.

Houston Guardianship Training

Advocate Legal Senior Center’s primary focus is assisting with Guardianship. The process can be complicated; however, we make it easy. A Guardianship Training Manual was developed to help those in Houston and statewide who are faced with becoming a guardian. The purpose of this is to provide an overview of how a Guardian is appointed. We do recommend you contact our office for a needs assessment.

The precise procedure will vary to some degree from jurisdiction to jurisdiction. The typical steps are as follows:

The person seeking the appointment of a guardian files a petition with the probate court for the jurisdiction where the allegedly legally incapacitated person resides. A petition is ordinarily accompanied by medical affidavits or other sworn statements which evidence the person’s incapacity, and either identifies the person or persons who desire to be named guardian or requests the appointment of a public guardian.

The court arranges for any necessary evaluation of the allegedly legally incapacitated person. Often, this will involve the appointment of a “guardian ad litem”, a person who is appointed to provide an independent report to the court on behalf of the allegedly legally incapacitated person. If appointed, the guardian ad litem will meet with the allegedly incapacitated person, inform that person of his or her legal rights, and report back to the court on the person’s wishes.

If the allegedly incapacitated person contests the appointment of a guardian, a trial is scheduled during which sworn testimony will be given, and at the conclusion of which the judge will decide if the petitioner met the requisite burden of proof for the appointment of a guardian.

If the allegedly incapacitated person consents to the petition, or is unable to respond to inquiries due to disability, the court will hold a hearing at which witnesses will provide sworn testimony to support the allegations in the petition. If the evidentiary basis is deemed sufficient, the guardian will be appointed.

If a guardian is appointed, the judge will issue the guardian legal documents (often called “letters of authority”) permitting the guardian to act on behalf of the legally incapacitated person.

For More Information, Contact our office for a no-cost evaluation.

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