Denton is very fortunate to be one of only 8 Texas counties with a designated Probate Court and Judge. Guardianship matters are heard in the Probate Court.
A Guardianship is necessary when a person is no longer able to care for himself, either financially or personally. A Guardianship is often necessary when someone suffers from dementia (such as Alzheimer’s) or is mentally disabled. A Denton County Guardianship action is begun by filing an Application for Guardianship with the Denton County Probate Court.
The Denton Probate Judge appoints an attorney to represent the person (called a “proposed ward”). The attorney is known as the attorney-ad-litem, and takes direction from the proposed ward. Sometimes the Judge also appoints a guardian ad litem for the proposed ward. The guardian ad litem’s duty is to act in the proposed ward’s best interests and to make recommendations to the Judge.
A Guardianship action can be very contentious. Because family dynamics, and often control of money, can be involved, a Denton County case can have 4 or 5 family members battling over who should be a guardian.
If you are involved in a potential Guardianship action, call us. We have decades of experience helping families in your situation.