Guardianship

Life is unpredictable, and there are times when our loved ones become unable to care for themselves or make safe decisions. Watching a parent decline due to dementia, or worrying about a child with special needs turning eighteen, can be a source of immense anxiety. At Wayne Bachus & Associates, we help families navigate the complex and sensitive world of guardianship. This legal tool allows a responsible person to step in and make personal or financial decisions for someone who cannot do so themselves. We view guardianship not as a taking away of rights, but as a protective embrace—a legal way to ensure that the vulnerable people in your life are safe, cared for, and treated with dignity.

Guardianship is a serious legal step because it involves removing a person’s civil liberties. Because of this, the Texas courts have very strict evidentiary requirements and procedural hurdles. It is not a process you want to navigate without an experienced attorney by your side. We guide you through the initial application, helping you gather the necessary medical evidence and doctor’s letters required to prove that guardianship is necessary. We explain the difference between a “Guardian of the Person,” who handles medical and living arrangements, and a “Guardian of the Estate,” who manages finances and property. Depending on your loved one’s needs, you may need one or both, and we help you determine the least restrictive path to achieve safety.

We often assist adult children who are realizing that their aging parents can no longer live independently or manage their checkbooks without falling victim to scams. It is a heartbreaking role reversal to become the parent to your parent, and we handle these cases with the utmost compassion. We help you navigate the court system to get the legal authority you need to place them in a safe care facility, manage their retirement accounts to pay for their care, and make end-of-life medical decisions. We act as your support system, handling the legal technicalities so you can focus on spending quality time with your parent.

Another major area of our guardianship practice involves families with special needs children who are approaching adulthood. Once a child turns eighteen, they are legally an adult in the eyes of the law, regardless of their developmental ability. This means that without a guardianship, you as a parent can no longer access their medical records, make educational decisions, or legally guide them. We help parents of special needs young adults set up guardianships before that eighteenth birthday hits, ensuring there is no gap in protection. This provides peace of mind knowing that you can continue to advocate for your child’s best interests just as you always have.

The responsibilities of a guardian do not end once the judge bangs the gavel. The court requires annual reports on the physical well-being of the ward and detailed accountings of how their money has been spent. This ongoing paperwork can be daunting for someone who is already busy caretaking. We stick with our clients for the long haul, assisting with these annual compliance requirements to ensure you remain in good standing with the court. We help you keep clear records and file the necessary updates so that the court sees that the ward is flourishing under your care.

We also represent family members in contested guardianship cases. Unfortunately, families sometimes disagree on who should be in charge or whether a guardianship is needed at all. If you believe a sibling is trying to take control of a parent for financial gain, or if you are fighting to prevent an unnecessary guardianship, we can represent your interests in court. These are high-conflict situations that require a cool head and a sharp legal mind. We focus on the facts and the well-being of the incapacitated person, cutting through family drama to reach a resolution that protects the vulnerable.

At Wayne Bachus & Associates, we understand that seeking guardianship is rarely a happy occasion; it is usually a response to a difficult medical or developmental reality. We strive to make the legal side of things as smooth and stress-free as possible. We are here to answer your questions, prepare you for the court hearing, and stand beside you as you take on this noble responsibility. Our goal is to give you the legal tools you need to provide the best possible life for the ones you love.