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Check out all the latest news and updates from The Law Offices of Tim O’Hare in our blog. From tips about pursuing legal action to news about Personal Injury Cases, we offer a variety of insights about Personal Injury Law. We can help you understand the world of Injury, Wrongful Death and Insurance Law, so be sure to check back frequently to read our posts. Do you have questions about our posts or have you suffered an injury from someone else’s negligence? Contact The Law Offices of Tim O’Hare today to find out how we can help.


A Majority of Americans Don’t Have a Will. Do You?

by J. Branden Snyder

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A majority of Americans (55 percent) admit they don’t have a will, according to a 2016 Gallop poll, and other surveys suggest even fewer Americans have estate planning documents in place. Nobody wants to think about planning for his or her own death, but it’s something every adult should consider—sooner, rather than later.

Writing your will helps to ensure your wishes for dependents, property and assets are followed, and to help avoid long, costly legal proceedings over the distribution of assets.

According to Gallop, “Americans’ likelihood of having a will depends largely on their age and socioeconomic status. Sixty-eight percent of those aged 65 and older have a will, compared with just 14 percent of those younger than age 30. Of Americans whose annual household income is $75,000 or greater, 55 percent have a will, compared with 31 percent of those with incomes of less than $30,000. And while 61 percent of those with a postgraduate education have a will, only 32 percent with a high school education or less do.”

Even if you think you don’t have enough assets, writing a will is still important and can spare your family the difficulty of dividing what property and assets you do own.  Here are are five things you should know about writing a will:

Everyone needs a will. If you die without a will, it can be very costly to your family and heirs, and you will have no say over the division of your assets. State heirship laws take over. Writing a will alleviates the burden placed on your family after you die. A will also allows you to specify funeral arrangements and to predetermine who will take care of your children—this is the primary reason even young adults who have children should have a will.

Work with an attorney. Every state has different rules and regulations regarding wills. It is in your best interest to work with an attorney who fully understands the legalities surrounding writing a will in your state and is experienced in estate planning and death taxes. Hiring an attorney to help you write your will ensures that you have a properly created legal document.

Carefully select the executor of your will. This is the person you will assign to carry out your final affairs after your death. Choose someone you trust who you know will be up to the task. You may also want to choose a backup executor in the event your first choice is unable to serve as executor upon your death.

Discuss your plans with your family. After you plan your estate, take time to discuss those plans with your heirs to help prevent confusion or disputes down the road. Family conflicts are unfortunately common when dealing with a loved one’s estate, but by planning ahead, you can help reduce or eliminate any potential arguments among your family and children after you die.

Consider a trust as well. Unlike a will, a trust can go into effect as soon as you create it. It is a legal arrangement in which you designate an individual or an institution (such as a bank or law firm) as your “trustee” to hold the title to your property. You can also designate a beneficiary or beneficiaries to receive what is left of your estate after you die. A trust will only cover property that has been transferred into the trust. Any property you wish to be included in your trust must be put in the name of the trust. A trust does not pass through probate, which can save both time and money. Because a trust is not probated, it can remain private.

An experienced wills and trusts attorney can help you determine if you need to set up a will or a trust to handle your estate and guide you through the process. An attorney will explain the legal terms and help ensure that your will or trust is drafted properly so there are no questions in the event of your death. Your attorney can also help review your financial assets and double check who can receive what from your retirement accounts.

Do you need a will or trust? Contact the experienced legal team at The Law Offices of Tim O’Hare.  We can prepare your will and/or trust quickly, with minimal hassle to you.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation 


972-960-0000 or Toll-Free 888-960-0020

By : Tim O'Hare /July 29, 2017 /Family Law, General Civil Law /0 Comment Read More

Top Two Reasons You Should Consider Estate Planning

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No matter your age, health or wealth status, estate planning is something every adult should consider yet many people discount its importance. Taking steps to plan your estate now will help ensure your family, property, and finances are taken care of after you die.

Your misconceptions about planning your estate — including writing a will — could cause unnecessary stress and frustration for your loved ones in the event of your death. Here are two reasons every adult should take the time to carefully plan his or her estate.

Estate planning isn’t just for the wealthy.
Everyone needs a will, no matter the value of your estate. In your will, you can direct a person (or persons) as your legal representative(s) to carry out your wishes and designate who will receive your property and assets (no matter the value) upon your death. A will must pass through probate. In other words, a court will oversee the administration of your will and ensure that it is carried out the way you wanted. As such, a will becomes public record. A will also allows you to predetermine who will take care of your kids—this is the primary reason even young adults who have children should have a will. If you die without a will, it can be very costly to your family and heirs, and you will have no say over the division of your assets. State heirship laws take over.

For more on wills, read our blog:
5 Reasons Everyone Needs a Will

Every parent should consider setting up a trust.
Truth: If you have children, consider a trust. A trust is often used when dealing with minors. If you have a trust, you can ensure that any assets left behind for your children are not used or spent by someone else. Trusts can also be beneficial if you are leaving money to someone who may not be mature enough to handle it appropriately. Finally, trusts can also reduce the taxes your heirs might otherwise have to pay and provide greater protection of your assets from creditors and lawsuits.

Taking time to discuss your estate plans with your heirs can help prevent confusion or disputes down the road. Family conflicts are unfortunately common when dealing with a loved one’s estate, but by planning ahead, you can help reduce or eliminate any potential arguments among your family and children after you die.

Navigating the estate planning process can be stressful and confusing, but an experienced wills and trusts attorney can help you plan your estate and guide you through the process. An attorney will explain the legal terms and help ensure that your will or trust is prepared properly so there are no questions in the event of your death. Your attorney can also help review your financial assets and verify who can receive what from your retirement accounts.

Do you need a will or trust? Contact the experienced legal team at The Law Offices of Tim O’Hare for a reputable attorney who can help you with estate planning needs.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation

972-960-0000 or Toll-Free 888-960-0020

 

By : Tim O'Hare /September 07, 2016 /Blog, General Civil Law /0 Comment Read More

If You Have Children, You Need a Will. Here’s Why

Tim OHare - Why Every Parent Needs a Will

by J. Branden Snyder

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At least half of Americans don’t have a will. Are you one of them? Dying without a will means the state will decide who gets what of your assets, who is in charge of your estate, and more importantly, who is responsible for your children.

Nobody wants to talk about death and dying, but preparing your will now can save your loved ones stress and additional heartache should something happen to you.

In the event that something happens to you, your children should be cared for by individuals you choose. Don’t let the state determine where your children will live. In addition, dying without a will means your assets could go to places you had no intention of them going.

There are many reasons every adult should have a will, children or no children. Here are some of the most important reasons you need a will:

A will allows you to determine who your beneficiaries will be. If you die without a will, the State of Texas will determine the division of your property and who your beneficiaries will be. If you have children, or children from a previous marriage, the division of your assets can be a complicated process. By executing your will, you will be able to clearly identify your beneficiaries and how you want your property to be divided.

A will allows you to designate a guardian for your children. In the event that you pass away while your children are minors, your will can designate who will care for your children after your passing. If you die without a will, the court will appoint a person to serve as guardian for any minor children.

In your will, you can nominate an executor for your estate. In your will, you can also designate who should serve as executor of your estate. This is the person who will be responsible for dividing your assets and property according to your wishes.

By preparing your will, you will make things as simple as possible for your surviving family. This may be the most important reason everyone needs a will. Dealing with the loss of a loved one is hard enough, but that loss can be compounded by the stress of administering the deceased’s estate. Drawing up a proper will, and letting your spouse, children and family members know what your wishes are will help ease the added burden they would otherwise experience upon your death.

To prepare your will, you should work with an experienced attorney who can guide you through the process. Your attorney will explain the legal terms and ensure that your will is drafted properly so there are no questions in the event of your death. Your attorney can also help review your financial assets and double check who can receive what from your retirement accounts.

Do you need to prepare your will or update an existing will? Contact the experienced legal team at The Law Offices of Tim O’Hare to speak with a reputable attorney who can help you draw up your will.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation

972-960-0000 or Toll-Free 888-960-0020

By : Tim O'Hare /April 15, 2016 /Blog, General Civil Law /0 Comment Read More

Why You Need a Power of Attorney

by J. Branden Snyder

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dallas power of attorney, dallas medical directive, dallas wills and trusts lawyerPreparing legal documents, such as a power of attorney, isn’t a fun task, but like many things in adulthood, it must be done.

A power of attorney (POA), sometimes called a durable power of attorney or a health care proxy, is a specific type of advance directive that names an individual to make decisions on your behalf—in all matters, or specified matters—in the event that you are unable to make decisions for yourself. That person might be a spouse, adult child, other relative, or friend. You may also select an alternate in the event the person you choose is unable to fulfill his or her duties as designated in your power of attorney.

Though age and retirement are the most common reasons people decide to set up a power of attorney, there are many other circumstances in which a POA might be necessary for anyone over age 18. For example, military personnel should create a POA before deploying overseas so someone can act on their behalf should they become incapacitated during deployment. Even adults who travel frequently should consider setting up a POA so someone else could handle their affairs in their absence.

What happens if you don’t have a POA?

Without a power of attorney, a court will have to appoint a guardian or conservator over your affairs in the event you are not able to make decisions for yourself. Your loved ones will have no say over who is appointed. Without a POA set in place, the process of managing your affairs will become far more complicated.

I have a will, so why do I need a POA?

A power of attorney and a will are not the same. A will designates the distribution of your property and assets after your death. A POA helps to direct financial and health decisions you need to be made but are unable to make for yourself.

To whom should I give power of attorney ?

When choosing someone to authorize with power of attorney to act on your affairs, choose someone who:

• Meets your state’s requirements for power of attorney.
• Is not a member of your health care team.
• Is willing to discuss your medical and end-of-life wishes with you.
• Is trusted to make decisions based on your preferences and values.
• Can serve as an advocate on your behalf in the event that there are disagreements about your medical care or financial affairs.

Are you ready to prepare your power of attorney? Contact the experienced legal team at The Law Offices of Tim O’Hare for a reputable attorney who can help prepare these important legal documents.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation

972-960-0000 or Toll-Free 888-960-0020

 

By : Tim O'Hare /August 24, 2015 /Blog, General Civil Law /Comments Off on Why You Need a Power of Attorney Read More

5 Reasons You Might Need a Business Lawyer

by J. Branden Snyder

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5 reasons to hire a

If you own your own business, you face a number of decisions from how to structure your business when you first open to whether or how to go about selling your business when the time comes. While you can make these decisions on your own, the guidance of a business lawyer can help you navigate the legal process while avoiding greater expenses or legal hassles down the road.

Here are five scenarios in which you might need to hire a business lawyer:

When determining the best legal structure for your business. How do you know if you need to form an LLC or a corporation, or enter into a partnership agreement? A business lawyer will walk you through the pros and cons of various business structures and help you determine the best legal structure for your business. Once you determine the legal structure that is the best fit for your business, a business attorney will help you register the paperwork to get your business off the ground.

When writing contracts and non-disclosure agreements. Contracts and non-disclosure agreements (NDAs) are a normal part of every business. A business attorney can draw up these documents for you, ensuring all your bases are covered and that you are protected in the event of a disagreement or fallout with an employee or client.

When filing a patent. Patents are time consuming and take years to get through the approval process. They are also very expensive. In some cases, a patent may not provide any real advantages to you or your business. A business lawyer will evaluate your product and help you determine if a patent is necessary or beneficial.

When buying or selling a business. When it comes time to buy or sell a business, you need a lawyer on your side that can help negotiate agreements and contracts. If your business is a partnership or LLC with multiple owners, you will need a buy-sell agreement in place from the beginning to protect you in the event one owner wishes to transfer ownership, or if one owner dies.

When facing litigation. It isn’t uncommon for businesses to face lawsuits by customers, or even current or former employees. A business lawyer will help you navigate the legal process and work to help you achieve the best possible outcome.

If you are facing one of these scenarios, contact the experienced business law team at The Law Offices of Tim O’Hare to help save you time and money on important legal matters.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation

972-960-0000 or Toll-Free 888-960-0020

By : Tim O'Hare /August 05, 2015 /Blog, General Civil Law, Small Business Law /Comments Off on 5 Reasons You Might Need a Business Lawyer Read More

3 Common Misconceptions About Estate Planning

Dallas living will attorney, Dallas living will lawyer, Dallas trust attorney, Dallas trust lawyer, Dallas estate attorney, Dallas estate lawyer, Dallas will and trust attorney, Dallas will and trust lawyer, do I need a will, do I need a trust, difference between wills and trustsby J. Branden Snyder

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Estate planning is important for any adult, no matter your age or health. Taking steps to plan your estate now will help ensure your family, property, and finances are taken care of after you die.

Unfortunately, misconceptions about estate planning often hinder people from taking care of their affairs. Here are three of the most common misconceptions about estate planning and what you really need to know:

I’m not wealthy, so I don’t need a will.
Truth: Everyone needs a will, no matter the value of your estate. In your will, you can direct a person (or persons) as your legal representative(s) to carry out your wishes and designate who will receive your property and assets (no matter the value) upon your death. A will must pass through probate. In other words, a court will oversee the administration of your will and ensure that it is carried out the way you wanted. As such, a will becomes public record. A will also allows you to predetermine who will take care of your kids—this is the primary reason even young adults who have children should have a will. If you die without a will, it can be very costly to your family and heirs, and you will have no say over the division of your assets. State heirship laws take over.

For more on wills, read our blog:
5 Reasons Everyone Needs a Will

I don’t have wealth to leave my children, so I do not need to set up a trust.
Truth: If you have children, consider a trust. A trust is often used when dealing with minors. If you have a trust, you can ensure that any assets left behind for your children are not used or spent by someone else. Trusts can also be beneficial if you are leaving money to someone who may not be mature enough to handle it appropriately. Finally, trusts can also reduce the taxes your heirs might otherwise have to pay and provide greater protection of your assets from creditors and lawsuits.

I don’t need to discuss my estate plans with my family.
Truth: Taking time to discuss your estate plans with your heirs can help prevent confusion or disputes down the road. Family conflicts are unfortunately common when dealing with a loved one’s estate, but by planning ahead, you can help reduce or eliminate any potential arguments among your family and children after you die.

Navigating the estate planning process can be stressful and confusing, but an experienced wills and trusts attorney can help you plan your estate and guide you through the process. An attorney will explain the legal terms and help ensure that your will or trust is prepared properly so there are no questions in the event of your death. Your attorney can also help review your financial assets and verify who can receive what from your retirement accounts.

Do you need a will or trust? Contact the experienced legal team at The Law Offices of Tim O’Hare for a reputable attorney who can help you with estate planning needs.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation

972-960-0000 or Toll-Free 888-960-0020

 

By : Tim O'Hare /July 27, 2015 /Blog, General Civil Law /Comments Off on 3 Common Misconceptions About Estate Planning Read More

5 Reasons Everyone Needs a Will

by Tim O’Hare

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Dallas living will attorney, Dallas living will lawyer, Dallas trust attorney, Dallas trust lawyer, Dallas estate attorney, Dallas estate lawyer, Dallas will and trust attorney, Dallas will and trust lawyer, do I need a will, do I need a trust, difference between wills and trustsHaving a will isn’t just for the wealthy. It’s a necessity every adult should take the time to prepare, no matter how young or healthy you may be. A will allows you to document your wishes should you pass away.

The purpose of a will is to outline who receives your property and assets (no matter how much or how little) when you pass away, how your assets should be divided, who will look after any minor children, what your funeral and burial wishes are, and even if you wish to be an organ and tissue donor or not.

Not quite sure why you need a will? Here is a breakdown of the top four reasons everyone should have a will:

Secure a plan for your assets and beneficiaries, regardless of where you live. Laws regarding distribution of property vary from one state to the next. If you pass away without a will, a probate court will distribute your property and assets according to the law in the state in which you live, a process called “intestate succession.” Without a will, you allow the state to determine the division of your property. Any assets that you have set up with a designated beneficiary (such as your 401k) are not subject to this process.

Determine who your beneficiaries will be. If you die without a will, the State of Texas will determine the division of your property and who your beneficiaries will be. If you have children, or children from a previous marriage, the division of your assets can be a complicated process. By drafting up your will, you will be able to clearly identify your beneficiaries and how you want your property to be divided.

Designate a guardian for your children. In the event that you pass away while your children are minors, your will can designate who will care for your children after your passing. If you die without a will, the court will appoint a person to serve as guardian for any minor children.

Nominate an executor for your estate. In your will, you can also designate who should serve as executor of your estate. This is the person who will be responsible for dividing your assets and property according to your wishes.

Make things as simple as possible for your surviving family. This may be the most important reason everyone needs a will. Dealing with the loss of a loved one is hard enough, but that loss can be compounded by the stress of administering the deceased’s estate. Drawing up a proper will, and letting your spouse, children and family members know what your wishes are will help ease the added burden they would otherwise experience upon your death.

To set up your will, work with an experienced attorney who can guide you through the process. Your attorney will not only explain the legal terms, but will help ensure that your will is set properly so there are no questions in the event of your death. An attorney can also help review your financial assets and confirm who can receive what from your retirement accounts.

Do you need a will? Contact the experienced legal team at The Law Offices of Tim O’Hare for a referral to a reputable attorney who can help you draw up your will.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation

972-960-0000 or Toll-Free 888-960-0020

 

 

 

By : Tim O'Hare /June 25, 2015 /Blog, General Civil Law /Comments Off on 5 Reasons Everyone Needs a Will Read More

5 Things You Should Know About Writing a Will

ohare law firmby J. Branden Snyder

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Nobody wants to think about planning for his or her own death, but it’s something every adult should consider—sooner, rather than later. Some of the things you need to consider include life insurance and creating a will.

What is a will?

A will is an estate plan that goes into effect after you die. In your will, you can direct a person (or persons) as your legal representative(s) to carry out your wishes and designate who will receive your property and assets upon your death. A will does not cover any property that is held in a trust or joint tenancy, but only property that is held in your name. A will must pass through probate. In other words, a court will oversee the administration of your will and ensure that it is carried out the way you wanted. As such, a will becomes public record.

Here are 5 things everyone should know about writing a will:

  1. Everyone needs a will. If you die without a will, it can be very costly to your family and heirs, and you will have no say over the division of your assets. State heirship laws take over. Writing a will alleviates the burden placed on your family after you die. A will also allows you to specify funeral arrangements and to predetermine who will take care of your children—this is the primary reason even young adults who have children should have a will.
  2. Work with an attorney. Every state has different rules and regulations regarding wills. It is in your best interest to work with an attorney who fully understands the legalities surrounding writing a will in your state and is experienced in estate planning and death taxes. Hiring an attorney to help you write your will ensures that you have a properly created legal document.
  3. Carefully select the executors of your will. These are the people you will assign to carry out your final affairs after your death. Choose people you trust and you know will be up to the task. You may also want to choose a backup executor in the event your first choice is unable to serve as executor upon your death.
  4. Discuss your plans with your family. After you plan your estate, take time to discuss those plans with your heirs to help prevent confusion or disputes down the road. Family conflicts are unfortunately common when dealing with a loved one’s estate, but by planning ahead, you can help reduce or eliminate any potential arguments among your family and children after you die.
  5. Consider a trust as well. Unlike a will, a trust goes into effect as soon as you create it. It is a legal arrangement in which you designate an individual or an institution (such as a bank or law firm) as your “trustee” to hold the title to your property. You can also designate a beneficiary or beneficiaries to receive what is left of your estate after you die. A trust will only cover property that has been transferred to the trustee. Any property you wish to be included in your trust must be put in the name of the trust. A trust does not pass through probate, which can save both time and money. Because a trust is not probated, it can remain private.

An experienced will and trust attorney can help you determine if you need to set up a will or a trust to handle your estate and guide you through the process. An attorney will explain the legal terms and help ensure that your will or trust is set properly so there are no questions in the event of your death. Your attorney can also help review your financial assets and double check who can receive what from your retirement accounts.

Do you need a will or trust? Contact the experienced legal team at The Law Offices of Tim O’Hare.  We can prepare your will and/or trust quickly, with minimal hassle to you.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation

972-960-0000 or Toll-Free 888-960-0020

 

 

 

By : Tim O'Hare /February 17, 2015 /Blog, General Civil Law /Comments Off on 5 Things You Should Know About Writing a Will Read More

Why You Need a Will

by J. Branden Snyder

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Dallas wills and trust lawyerPreparing your will may not be a pleasant thought, but it is vitally important. No matter your age or how healthy you are, you never know what tomorrow holds. By taking time to prepare your will now, you can save your loved ones additional stress when that day comes.

In your will, you can designate who should receive your property and other assets when you pass away and how those assets should be divided; name an individual you choose to look after any minor children; specify funeral and burial wishes; and leave money to a church or charity.

There are many reasons every adult should have a will — these are some the most important:

1. A will allows you to determine who your beneficiaries will be. If you die without a will, the State of Texas will determine the division of your property and who your beneficiaries will be. If you have children, or children from a previous marriage, the division of your assets can be a complicated process. By drafting a will, you will be able to clearly identify your beneficiaries and how you want your property to be divided.

2. A will allows you to designate a guardian for your children. In the event that you pass away while your children are minors, your will can designate who will care for your children after your passing. If you die without a will, the court will appoint a person to serve as guardian for any minor children, if no other parent is alive or capable.

3. In your will, you can nominate an executor for your estate. In your will, you can also designate who should serve as executor of your estate. This is the person who will be responsible for dividing your assets and property according to your wishes.

4. By preparing your will, you will make things as simple as possible for your surviving family. This may be the most important reason everyone needs a will. Dealing with the loss of a loved one is hard enough, but that loss can be compounded by the stress of administering the deceased’s estate. Drawing up a proper will, and letting your spouse, children and family members know what your wishes are will help ease the added burden they would otherwise experience upon your death.

To prepare your will, you should work with an experienced attorney who can guide you through the process. Your attorney will explain the legal terms and ensure that your will is written properly so there are no questions in the event of your death. Your attorney can also help review your financial assets and double check who can receive what from your retirement accounts.

Do you need to prepare your will or update an existing will? Contact the experienced legal team at The Law Offices of Tim O’Hare to speak with a reputable attorney who can help you draw up your will.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation

972-960-0000 or Toll-Free 888-960-0020

 

By : Tim O'Hare /October 10, 2014 /Blog, General Civil Law /0 Comment Read More

FAQs About Adult Guardianship in Texas

by J. Branden Snyder

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Dallas personal injury lawyerWhen we think about a guardianship, we often apply the concept to the guardianship of a child, but there are situations in life that may require the guardianship of an adult. At some point in your life, you may encounter a situation in which a loved one, such as an aging parent, can no longer make decisions for him or herself. In such situations, you may seek a court-ordered guardianship of your loved one in order to care for him or her, managing health and financial affairs.

Here are the answers to some frequently asked questions about adult guardianships in the state of Texas.

What is a guardianship? 

Guardianship is the legal process to name an individual or entity (such as a state agency) as the protective guardian over an adult who is incapacitated. According to the Texas Probate Code, an incapacitated person is: “an adult individual who, because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter to himself or herself, to care for the individual’s own physical health, or to manage the individual’s own financial affairs.”

A court-named guardian makes decisions on behalf of the incapacitated individual.

What are the responsibilities of a guardian?

Chapter 13 of the Texas Probate Code defines the responsibilities of a guardian as including (but not limited to):

• Providing care, supervision, and protection for incapacitated persons who qualify for guardianship services under the laws of the state of Texas.
• Arranging for services, including medical, mental health, and/or services to persons with intellectual disabilities, for these persons under guardianship that qualify for such services.
• Arranging for placement in facilities, such as long-term care facilities, hospitals, or foster homes.
• Managing estates.
• Making medical decisions.

What must I do to get a guardian appointed for someone I know who meets the definition of an incapacitated person?

The first step in getting a guardian appointed for an incapacitated individual is to hire an attorney who has experience with Texas guardianship laws. There are specific procedures in place for proving the need for guardianship, and most are too complicated for one to understand without the help of a lawyer. Also, in most cases, the courts will not consider an application for guardianship that has not been filed by an attorney.

Once you have hired an attorney, the next step is to clearly and convincingly prove incapacitation of the individual in question. Requirements for this include filing a certificate with the court from a doctor who has examined the individual. An attorney can advise you on the specific requirements for the certificate and examination.

After the application for guardianship and certificate from a physician have been filed with the court, the court will appoint an attorney, called an attorney ad litem, to represent the individual in question.

Who can be appointed guardian?

Once the court has determined that a guardian is needed, there is a priority list the court must follow in selecting a guardian. If the incapacitated individual is an adult, the following persons have priority for guardianship in this order:

• the individual designated by the incapacitated individual (ward) prior to his or her incapacitation in a properly executed designation of guardian
• the individual designated by the last surviving parent of the ward in a properly executed designation of guardian
• the ward’s spouse
• next of kin
• non-relative

In cases where more than one person of the same priority desires to be guardian, the court will choose the person best qualified to serve. The court also has authority to skip over a person who ranks higher on the list of priority if that individual is determined ineligible.  Some factors that might determine ineligibility include (but are not limited to): age, incapacitation, conflict of interest with the ward, inexperience, lack of education, incapable of properly managing the ward’s estate, someone who is not a resident of Texas and has not designated an agent in Texas for service of process.

If you have questions about adult guardianship, or believe a loved one is in need of a guardian, contact the experienced legal team at The Law Offices of Tim O’Hare for a reputable attorney who can review your case and advise you on the most ideal course of action.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation

972-960-0000 or Toll-Free 888-960-0020

By : Tim O'Hare /October 02, 2014 /Blog, General Civil Law /0 Comment Read More
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    Tim O’Hare is a member of: Multi-Million Dollar Advocates Forum, Million Dollar Advocates Forum, Texas Bar Association, Dallas Bar Association, Christian Legal Society

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