Guardianship Attorney in Dallas, Texas

The law provides a safety net to protect those who are unable to manage their personal, healthcare, and/or financial affairs responsibly due to physical or mental disabilities. This safety net is called “guardianship.”  

At the Law Office of Sharion L. Fisher, I understand that the subject of guardianship can be sensitive and often emotionally charged. That’s why I help people seeking guardianship for loved ones and represent individuals opposing guardianship for themselves. I am attentive to my clients’ needs and always strive to provide compassionate legal support.

With over 30 years of experience as a guardianship attorney in Dallas, Texas, I am committed to providing client-centered representation and offer my honest advice tailored to each client’s unique circumstances.  

Overview of Guardianship

Guardianship is a legal relationship recognized by the court that authorizes someone (a guardian) to take action or make decisions on behalf of another individual (a ward or incapacitated person). The guardian can have either full or limited authority over the ward.  

Types of Guardianship in Texas

The state of Texas recognizes two types of guardianship that can be granted:  

1. Guardian of a person: A guardian is appointed to make personal, healthcare, and welfare decisions for the ward

2. Guardian of the estate: A guardian is appointed to manage the financial affairs and assets of the ward.  

The law does not prohibit the same person from serving as both a guardian of the person and of the estate. In general, a guardian is appointed permanently unless the ward’s condition is temporary. Guardianship can be terminated if the court decides that the person designated as the “ward” no longer needs a guardian.  

In all other cases, a guardian performs their duties until the ward’s death, their estate is closed, or guardianship is otherwise terminated. If you are not sure which type of guardianship is appropriate in your loved one's situation, consider speaking with a Dallas guardianship attorney to discuss the facts of your case. 

Who Can Be a Guardian and What Makes a Person Incapacitated?

In Texas, a person is considered incapacitated if they are (a) a minor or (b) an adult with a physical or mental condition that prevents them from taking care of themselves or making competent decisions. While any person who doesn’t have an adverse interest toward the incapacitated person can be appointed as a guardian, courts usually give preference to family members, including: 

• A surviving spouse 

• Adult children 

• Parents 

• Siblings 

• Other relatives 

However, a person who intends to be a guardian must meet several requirements, which include completing the Judicial Branch Certification Commission (JBCC) certificate online course, posting a bond with the court, and signing under oath that they will perform the duties of a guardian.

If the person over whom guardianship is sought is incapacitated, they will be unable to choose the guardian themselves. However, the court may still consider their preferences when making the guardianship appointment.  

If you want to learn more about becoming a guardian, appointing a guardian, or opposing someone’s guardianship appointment, consider speaking with a Texas estate planning attorney.  

How Can a Texas Guardianship Lawyer Help?

At the Law Office of Sharion L. Fisher, I help my clients with all guardianship matters, including: 

• Providing counsel regarding the appointment of a guardian 

• Preparing paperwork and filing for guardianship 

• Representing individuals who need a guardian 

• Contesting guardianship 

• Counseling guardians about their duties 

When there is no dispute over the choice of a guardian and it is clear that the proposed ward is incapacitated, filing an application for guardianship is a relatively straightforward process when you work with a lawyer. However, legal counsel is essential for mitigating any disputes in the event they do occur.

As a Dallas guardianship attorney, I represent individuals seeking guardianship for their family members or non-relatives, including in cases of neglect or financial abuse. I also help people contest guardianship actions brought by others, including in cases where the person seeking guardianship wants to gain control of the proposed ward’s assets.  

With over 30 years of experience serving clients in Dallas and surrounding areas, I have established connections with medical and financial experts who bring their invaluable input in seeking or defending against guardianship actions.