February 2025

The Texas Guardianship Test: Would a Court Declare You Incapacitated?

Losing control over your own affairs is a frightening thought, but for some individuals, guardianship becomes necessary when they can no longer make responsible decisions for themselves. Texas law provides a guardianship test for determining when someone is incapacitated and appointing a guardian to make choices on their behalf. But what does it take for

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Guardianship or Control? When Protection Crosses the Line in Texas

Guardianship / By Joseph Oluwatukesi

Guardianship is a legal tool designed to protect vulnerable individuals—such as minors, elderly adults, and those with disabilities—by appointing someone to manage their affairs. In Texas, guardianship can be an essential safeguard when an individual is unable to make decisions for themselves. However, this system is not without its flaws. While it is meant to

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Texas Guardianship and Inheritance: Who Holds the Purse Strings?

Financial Law, Guardianship / By Joseph Oluwatukesi

In Texas, guardianship and inheritance laws dictate who controls finances, property, and decision-making when an individual cannot manage their affairs. Whether due to age, incapacity, or death, these legal frameworks ensure that assets are protected and distributed according to the law. However, the process of determining who holds financial control is not always straightforward. Courts

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Minor Guardianship in Texas: Who Steps In When Parents Can’t?

Family Law, Guardianship / By Joseph Oluwatukesi

When parents are unable to care for their children due to illness, incarceration, death, or other significant life events, it becomes necessary for someone else to step in and take responsibility for the child’s well-being. This is where minor guardianship comes into play. In Texas, guardianship laws are designed to protect children by ensuring they

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Emergency Guardianship in Texas: What to Do When Time is Running Out

Guardianship / By Joseph Oluwatukesi

Guardianship is a legal tool designed to protect individuals who cannot make decisions for themselves. However, when an emergency arises, and a vulnerable person is at immediate risk of harm, the legal system allows for emergency guardianship. In Texas, obtaining emergency guardianship can be a crucial step in preventing exploitation, neglect, or severe medical consequences.

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The Dark Side of Guardianship: What Happens When a Guardian Abuses Their Power?

Family law, Guardianship / By Joseph Oluwatukesi

Guardianship is meant to protect vulnerable individuals, including minors, the elderly, and those with disabilities. However, in some cases, guardianship abuse becomes prevalent and can become detrimental, leading to financial exploitation, neglect, and undue control over an individual’s life. This article explores the darker side of guardianship, how to recognize signs of abuse, and what

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Guardianship and Greed: How to Prevent Family Feuds Over Control

Family Law, Guardianship / By Joseph Oluwatukesi

Guardianship is a legal arrangement where one person is given the authority to make personal, financial, and medical decisions for another individual who is unable to do so themselves. While this system is designed to protect vulnerable individuals, it can also lead to bitter family disputes, often fueled by financial interests, personal grievances, and conflicting

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Beyond Blood Ties: Can a Non-Relative Become a Legal Guardian in Texas?

Family Law, Guardianship / By Joseph Oluwatukesi

When people think of guardianship, they often imagine close family members stepping in to care for children or incapacitated adults. But what happens when a suitable guardian isn’t a relative at all? In Texas, there is a path for non-relatives to become legal guardians, provided they meet the state’s requirements and can demonstrate that guardianship

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When Love Isn’t Enough: The Legal Side of Caring for an Aging Parent in Texas

Family Law, Guardianship / By Joseph Oluwatukesi

Caring for an aging parent is an emotional journey filled with challenges, love, and, at times, frustration. Many adult children step up as caregivers with the best intentions, believing that love and commitment will be enough to navigate this phase of life. However, as many quickly realize, love alone cannot handle medical, financial, and legal

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The Unexpected Guardian: What Happens When No One Wants the Role?

Family Law, Guardianship / By Joseph Oluwatukesi

Guardianship is often seen as an act of care, responsibility, and protection. Whether it’s for a child, an aging parent, or a dependent adult, the role of a guardian carries profound legal, emotional, and ethical responsibilities. But what happens when no one is willing to take on this crucial role? Who steps in when there

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The Texas Guardianship Test: Would a Court Declare You Incapacitated?

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February 2025