Seeking the appointment of a guardian for an individual who is not capable of appropriately making decisions on his or her own can be a legally complex and emotionally challenging experience. Consequently, an experienced Sugar Land guardianship lawyer can provide you with invaluable assistance.

Appointment of a Guardian

What essentially is a two-part process exists in regard to the appointment of a guardian. First, a demonstration must be made to a Texas court that an individual truly is not capable of tending to the essential tasks of daily living. He or she is not capable of making key decisions in a competent manner.

 

Second, a decision must be made as to whether the person suggested as the guardian of the proposed ward is in fact an appropriate choice. A guardian must have the capacity and trustworthiness necessary to oversee crucial elements of the proposed wards.

 

A guardian occupies a fiduciary capacity in regard to a ward. Decisions the guardian makes must always be in the best interests of the ward and cannot ever be self-serving.

 

Removal of a Guardian

Another type of guardianship proceeding involves the removal of a guardian previously appointed by the court. This type of proceeding can arise in one of two primary ways. First, the ward may have in fact regained capacity and the existence of a guardian is no longer necessary. Second, an allegation of misfeasance of nonfeasance by the guardian may be made, necessitating a court hearing to ascertain whether or not the guardian should be removed or replaced.

 

Unfortunately, one situation in which a guardian faces removal is because he or she has improperly utilized the assets of the guardian trust. The guardian has breached his or her fiduciary duty to the ward. What this means in plain English is that the guardian has misspent the ward's money, typically to benefit the guardian his or her self. Not only can such conduct necessitate the removal of a guardian, it can constitute a crime, depending on the facts and circumstances at hand.

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