Guardian of the Person of a Minor - If The parents of an individual under the age of 18 (a minor) are unable to care for their minor child then an interested individual (usually a relative) can apply to the Probate Court for a guardianship of that minor’s person and estate. In some cases the court will find that it is the best interest of the minor to appoint separate guardians of the minor's person and estate.
Guardian Of The Estate Of A Minor – Although a child’s parents are considered to be the natural guardians of a minor child’s person, they are not considered to be the natural guardians of that child’s estate. If a minor child owns property it may be necessary for one of the parents to be appointed as guardian of that child’s estate.
Guardianship of an Intellectually Disabled Adult
When an intellectually disabled child reaches the age of 18 his/her parents no longer have the legal right to manage that adult child’s care and finances. In order to continue to carry on with the care and management of an intellectually disabled child after they reach their majority, the parents of that child must apply to the Probate Court for a Guardianship of the Person and Estate of that adult child. In some cases the court will find that it is the best to appoint separate guardians of the ward’s person and estate.
Guardianship of Incapacitated Adult
Sometimes an adult who was previously able to care for himself or herself loses this ability through mental deterioration, illness or an accident. If an adult individual becomes substantially unable to care for himself or herself or manage his or her financial affairs then it may become necessary for family members or other interested persons to petition the Court for a Guardianship of that person and or his or her estate.
- Guardian of the Person - The Guardian of the Person has the duty to provide for the care and supervision of the ward. They also have the power to consent to the ward's medical treatment.
- Guardian of the Estate - The Guardian of the Estate has the duty to manage the estate and financial affairs of the ward.
The court may appoint the same person to be the Guardian of the Person and of the Estate of the incapacitated person or it may appoint separate guardians of the person and estate.
GUARDIANSHIPS
Minors - Intellectually Disabled Adult - Incapacitated Adult
4600 Greenville Avenue
Suite 129
Dallas, Texas 75206