Not Every State Handles Guardianships as Well as Texas

Guardianship laws exist to ensure our loved ones and their property receive proper protection and care when they are no longer able to care for themselves (we call them “wards”). The legal process, however, can be overwhelming and intimidating. Fortunately for Texans, we have a streamlined and sophisticated guardianship system that provides the utmost protection for potential wards.

This month’s New Yorker Magazine exposes serious problems with guardianships in the State of Nevada. Sadly, in Nevada, guardianships were unnecessarily and easily imposed on many individuals, without notification or representation by an attorney. Unscrupulous people took advantage of Nevada’s relaxed guardianship laws and successfully applied to be guardians over people who were strangers, and who did not need be in a guardianship. This was happening with essentially no legal protection afforded to the wards or their families. Nevada has reportedly passed legislation to eliminate this tragic trend.

In Texas, the guardianship laws are vastly more protective, and a proposed ward’s constitutional right to due process is protected. Amongst numerous other protections, the Texas Legislature requires that close relatives of a proposed ward are notified of proceedings, and the court must appoint an attorney to protect the legal interests of all potential wards in every guardianship case in Texas.

Ford + Bergner LLP’s guardianship law experts focus on complex guardianship issues every day, and we have helped hundreds of guardianship clients. The attorneys at Ford + Bergner LLP can answer any question you may have concerning guardianships in Texas.