Bryan Fagan Law Office

Balcones Heights Guardianship Attorney

Guardianship in Balcones Heights, Texas


Guardianship serves as a vital legal mechanism designed to protect and support individuals who are unable to make decisions for themselves due to various circumstances, such as incapacity, disability, or being a minor. In Balcones Heights, Texas, the guardianship process follows specific procedures outlined by state law to ensure the best interests of the ward are upheld.


Initiating the Guardianship Process

The process of establishing guardianship in Balcones Heights typically begins with the filing of a petition in the probate court of the county where the individual in need of guardianship resides. This petition can be initiated by concerned family members, friends, or other interested parties who recognize the necessity of appointing a guardian to make decisions on behalf of the individual.

Court Evaluation and Determination

Upon filing the petition, the court appoints legal representatives, such as an attorney ad litem and a guardian ad litem, to advocate for the rights and interests of the individual requiring guardianship. These appointed representatives play a vital role in ensuring that the individual’s rights are upheld throughout the legal proceedings.


Furthermore, the court may order comprehensive medical and psychological evaluations to assess the individual’s capacity to make decisions independently. This evaluation assists the court in determining the necessity of guardianship and identifying the most suitable guardian for the individual.


Types of Guardianship

Guardianship in Balcones Heights can take two primary forms:


  1. Guardianship of the Person: This type of guardianship grants the appointed guardian the authority to make decisions concerning the personal care, living arrangements, and medical treatment of the individual.
  2. Guardianship of the Estate: Guardianship of the estate involves managing the financial affairs of the individual, including asset management, bill payments, and financial decision-making.


Best Interests and Ongoing Oversight

Throughout the guardianship proceedings, the court places paramount importance on the best interests of the individual under guardianship. Should the court determine the necessity of guardianship, a comprehensive guardianship plan is established, outlining the specific powers and responsibilities of the guardian.


Guardians in Balcones Heights are subject to continuous court oversight to ensure the diligent fulfillment of their duties in accordance with legal mandates. They are required to submit regular reports detailing the individual’s condition, care provided, and financial transactions, thereby promoting transparency and accountability.


Limited Guardianship

Balcones Heights also allows for limited guardianships, wherein the guardian’s authority is confined to specific areas of the individual’s life. This approach aims to preserve the individual’s autonomy to the greatest extent feasible while offering essential support in particular domains.


For reliable legal counsel and compassionate assistance in guardianship matters in Balcones Heights, contact the Law Office of Bryan Fagan at 210-404-4911. Our experienced attorneys are dedicated to safeguarding the rights and well-being of vulnerable individuals and their families.

Guardianship Roadmap

Caregiver Toolkit

Guardianship Handbook