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Appointment and Removal of Guardians

Skilled Houston Probate Attorney

If you are considering appointing a guardian for your loved one, or if you need to remove a guardian because of some sort of negligence or abuse, do not speak with anyone until you have enlisted the help of a Houston probate lawyer. I, Attorney Tony Malley, have successfully representing my clients’ rights and interests before the courts by providing effective litigation representation.

Appointing a Guardian in Texas

Guardians are individuals who are specifically appointed to make personal, medical, legal, and welfare decisions on behalf of another individual, known as a ward. In order to eliminate the risk of elderly financial abuse, the probate courts in Texas closely scrutinize the appointment of a guardian. The Texas Probate Code requires that any guardian seeking to be considered for appointment must first have approval from the court.

When seeking a court’s approval for a proposed guardianship, the court will be looking to determine:

  • Expenses and financial expenditures of the ward
  • What is reasonable and necessary for the ward
  • What is in the best interest of the ward

Understanding the Role of a Guardian

The guardian of a ward’s estate is appointed to make decisions regarding the finances and assets related to the ward. A guardian will be primarily responsible for preserving, protecting, and maintaining the ward’s finances. Once a guardian is appointed, the guardian and ward will be placed in a relationship of fiduciary trust, and the Texas Probate Court will require that the guardian must post a bond to ensure that he or she remains faithful to his or her duties as a guardian.

If you do not remain faithful to your role as a guardian, the consequences can include:

  • Being held liable for improper expenses
  • Having to reimburse any expenses you were charged with losing, stealing, misappropriating, or abusing
  • Being removed as guardian

Even if a ward becomes incapacitated, his or her finances and daily expenditures will continue to need to be handled. There are certain duties, responsibilities, and issues that will be encountered while the guardian is handling the ward’s estate. Because complex accounting issues may arise, it will be essential for the guardian, and even the ward’s family members, to seek the help of a knowledgeable attorney. If you make an error as a guardian or do not completely understand your duties to your ward, you could be held liable for negligence or breach of fiduciary duty.

Providing Personal Attention & Achieving Results

It is my personal mission to provide comprehensive services to my clients when they are involved in guardianship cases. Guardians may serve out of love for their wards, but sometimes, a guardian will not have the time and energy to fulfill the requirements of serving as a guardian. I am ready to help you through the process so that you can fully understand the weight of this responsibility. If you need assistance removing a guardianship, I can also help you in any way possible during this process.

Call Malley Law Firm, PLLC for the personal legal service you deserve.


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