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Only a licensed attorney may represent the interests of the proposed ward. The Process: Your attorney will file an application for guardianship with the county court. A doctor must evaluate the proposed ward and docHub that he or she is incapacitated. The proposed ward must be personally served with application.
A guardianship must be created by the court through a formal appointment process. In larger counties, the proceedings will be initiated in the Probate Court. For smaller counties that do not have a probate court, the County Court or County Court at Law will be the appropriate court.
Guardianship is a legal process, requiring the services of an attorney, which is designed to provide maximum protection to a person. Establishing a guardianship requires the services of an attorney and can be time consuming and expensive.
In Texas, guardianship includes: Hiring a lawyer. Filing an application with a court. Attending a hearing. Having a judge decide if a guardianship is necessary.
Although many Texas families seek emergency guardianship due to medical reasons, this isnt the only situation in which this legal designation may be necessary. Seniors in an abusive situation or at risk for neglect or abuse may need emergency guardianship to remove them from their situation.
Once you file your completed paperwork, it usually takes about 30 days for the court to decide if they will grant guardianship. Lawyer and court costs are generally $2,000 to $5,000, depending on where you live in Texas and how hard it is to get the guardianship completed.
(b) A guardian of an estate must give a bond before being issued letters of guardianship unless a bond is not required under this title.