Bakutis, McCully & Sawyer, P.C. - Fort Worth Guardianship Attorneys
At the North Texas law firm of Bakutis, McCully & Sawyer, P.C., we have long experience with the difficult issues involved in the appointment of guardians to look after the financial or medical affairs of minors and incapacitated persons. Each of our shareholders is certified by the State Bar to serve as an attorney ad litem to represent the interests of a person for whom a guardianship is proposed. More often, however, we advise and represent persons who believe that a guardianship is necessary to protect the interests and assets of a vulnerable loved one. For further information about our ability to represent you in a question concerning Texas guardianship, contact Bakutis, McCully & Sawyer, P.C.
Guardianship most often applies in cases involving: an elderly person who no longer has the capacity to make responsible financial or health care decisions, a minor who has received a substantial inheritance or gift in his or her own name, or a disabled minor who has attained the age of majority, but who cannot assume adult responsibilities with respect to his or her own affairs.
Sound estate planning will often avoid the need for a guardian in the case of elderly persons - the designation and execution of a Statutory Durable Power of Attorney or Medical Power of Attorney will usually take care of the needs that an application for an appointment of a guardian typically addresses. For minors, a will or trust instrument can designate a particular person to serve as a guardian in case the testator dies before the minor becomes an adult.
An application for appointment of a guardian of the person (for protection of the person's health) or of the estate (for protection of the person's financial affairs) must be supported by a recent physician's examination and must be proved by clear and convincing evidence, which is an especially demanding standard of proof. Guardianship proceedings are often contested by the person for whom the guardianship is proposed, by an appointed attorney ad litem, or by another person who opposes the appointment of a particular proposed guardian. Even in cases where some supervision of a person's affairs appears desirable, the courts are required to use the least restrictive alternative available for protecting a vulnerable person's interests.
Shareholder R. Dyann McCully is well known for her expertise in guardianship proceedings, and she is frequently asked to speak at advanced seminars in guardianship practice to professional audiences.
Our experience with Texas guardianship and such less restrictive interventions as management trusts can help you find suitable means of protecting your loved one's interests on terms that will be acceptable to other interested parties and the probate court. For additional information and dependable advice, contact Bakutis, McCully & Sawyer, P.C.