Guardianship & Special-Needs Planning
Protecting people who cannot fully manage their own affairs, and the families who love them.
When someone you love cannot safely make decisions about their health, their money, or their daily care, the law gives families several ways to step in and protect them. That person might be a child with a developmental disability who is about to turn 18, an aging parent slipping into dementia, or an adult recovering from a serious injury. American Dream Advocacy Group helps Irving and Dallas-Fort Worth families choose the right tool for the situation, whether that is a Texas guardianship through the probate court or a less-restrictive option that keeps your loved one in charge of as much of their own life as possible.
This is careful, personal work, and it is rarely about paperwork alone. You are deciding who will speak for someone, how they will be cared for, and how to provide for them financially without accidentally cutting off the government benefits they rely on. Lincy Thomas, licensed by the State Bar of Texas since 2008, sits down with you to understand the family, the diagnosis, and the finances, then builds a plan that fits. From the first meeting you deal with your attorney directly, not a case manager or an assistant, and there is no charge for that initial conversation.
Who this planning is for
Guardianship and special needs planning covers a wide range of situations. The common thread is a person who, because of age, disability, illness, or injury, cannot fully manage some part of their own affairs and needs someone with legal authority to help. The right approach depends on how much support the person needs and whether they can still participate in decisions about their own life.
- Parents of a child with an intellectual or developmental disability who is approaching age 18, when parental authority ends automatically under Texas law
- Adult children of an aging parent facing dementia, Alzheimer's, or another condition that affects judgment
- Families of an adult who was seriously injured in an accident or is living with a mental health condition
- Anyone who wants to leave money or property to a disabled loved one without disqualifying them from SSI or Medicaid
- Parents naming a guardian for minor children in case something happens to them
Guardianship of the person and of the estate
In Texas, guardianship is a court proceeding in which a judge appoints a guardian to make decisions for a person the court finds to be incapacitated. There are two kinds, and a person may need one or both. Guardianship of the person covers decisions about where the individual lives, their medical care, and their daily welfare. Guardianship of the estate covers their money and property, including income, benefits, and any assets. A guardianship can be full or limited, and Texas courts are required to grant the least restrictive guardianship that meets the person's actual needs, preserving whatever rights and independence the person can safely keep.
Because guardianship removes legal rights from an adult, it involves real safeguards. The proposed ward has the right to a court-appointed attorney (an attorney ad litem), the court usually requires a physician's certificate documenting the incapacity, the guardian must qualify and often post a bond, and the guardian files ongoing reports and accountings with the court. It is protective by design, and we guide you through each requirement so nothing stalls.
Less-restrictive alternatives Texas courts prefer
Guardianship is not always the answer, and Texas law now requires courts and families to consider less-restrictive alternatives first. For many young adults with disabilities, and for aging parents who can still participate in their own decisions, these tools provide the needed support while keeping the person in control of their own life. They are usually faster, less expensive, and far less intrusive than a court guardianship, and we help you decide honestly whether they are enough or whether a guardianship is truly necessary.
- Supported decision-making agreements, in which the person keeps their legal rights and chooses trusted supporters to help them understand information and make their own choices
- Statutory durable power of attorney for financial matters, and medical power of attorney for health care decisions
- A directive to physicians (living will) and HIPAA authorizations so the right people can act and receive information
- Representative payee arrangements with Social Security for someone who only needs help managing benefit checks
- For minor children, naming a guardian in your will so a court knows your wishes if you are gone
Special needs trusts and protecting benefits
A well-meaning gift or inheritance can be a costly mistake. Programs like SSI and Medicaid have strict income and asset limits, so leaving money directly to a person with a disability, or naming them as a beneficiary, can push them over those limits and cut off the benefits and services they depend on. A special needs trust (sometimes called a supplemental needs trust) solves this. Money held in the trust does not count as the person's own resource, and a trustee can use it for extras that improve quality of life, things like therapies, education, technology, travel, or personal care, without replacing the public benefits.
There are different kinds of these trusts. A third-party special needs trust is funded by parents, grandparents, or others and is a core piece of estate planning for a family with a disabled loved one. A first-party trust is funded with the disabled person's own money, often from an inheritance or a lawsuit settlement, and comes with additional rules, including a Medicaid payback requirement. Choosing the right structure and the right trustee matters, and we coordinate the trust with your will, beneficiary designations, and any guardianship so the whole plan works together.
How the firm helps
You get direct access to your attorney from the first meeting through the last signature, and beyond if questions come up later. We start by listening: what the diagnosis or situation is, what the family looks like, who is willing and able to serve, and what benefits are involved. From there we recommend the least intrusive plan that actually protects your loved one, whether that is a supported decision-making agreement and powers of attorney, a special needs trust, a full guardianship, or a combination. Routine matters are handled on flat, transparent fees so you know the cost up front.
We prepare and file the court paperwork, coordinate with physicians and the attorney ad litem in a guardianship, draft trusts and powers of attorney, and explain each guardian or trustee duty in plain language so you can carry it out with confidence. For families still years away from a child turning 18, we also help you plan ahead calmly, before a deadline forces a rushed decision.
How a guardianship or plan is set up
Free initial consultation
We meet to understand your loved one's situation, the family, the finances, and the benefits involved. You leave knowing which options fit and roughly what each involves.
Choose the right tool
Together we decide between a guardianship and less-restrictive alternatives, and whether a special needs trust is needed to protect SSI or Medicaid. We explain the tradeoffs of each in plain terms.
Prepare the documents or the court filing
We draft the trust, powers of attorney, and supported decision-making agreement, or prepare and file the guardianship application and arrange the medical certificate the court requires.
Court hearing, if guardianship is needed
For a guardianship, the court appoints an attorney to represent your loved one, holds a hearing, and, if it agrees, appoints the guardian. We prepare you for what to expect and stand with you throughout.
Qualify and follow through
A guardian qualifies, posts any bond, and begins the required reports and accountings. A trustee or agent starts their duties. We stay available for the ongoing questions that come up.
Common questions from families
My child with a disability is about to turn 18. Do I automatically stay in charge?
No. In Texas, when a child turns 18 they are a legal adult, and your authority as a parent ends, even if their disability means they cannot manage on their own. Before that birthday you should decide whether a supported decision-making agreement and powers of attorney are enough, or whether a guardianship is needed. Starting a few months early keeps you from having to make a rushed decision at the last minute.
Is guardianship the only way to help an aging parent?
Often it is not. If your parent still understands their situation well enough to sign, a durable power of attorney and a medical power of attorney can let you help with finances and health care without going to court. Guardianship becomes necessary when a person can no longer make or communicate decisions and no valid powers of attorney are in place. We help you tell the difference honestly for your family's situation.
Will leaving money to my disabled child cause them to lose their benefits?
It can, if you leave it to them directly. SSI and Medicaid have strict asset limits, so a direct gift or inheritance may push your child over those limits and interrupt their benefits and services. A third-party special needs trust lets you set money aside for your child's benefit without it counting as their own resource, so the funds add to their quality of life instead of replacing the support they already receive.
How long does a Texas guardianship take?
It varies by county, by the court's schedule, and by how quickly the required medical certificate and other documents come together, so we cannot promise an exact timeline. A straightforward, uncontested case commonly moves through in a matter of weeks to a few months. If a family member objects, or if the situation is complicated, it can take longer. We work to keep your case moving and prepared.
Who should serve as guardian or trustee?
There is no single right answer. Courts look at who is willing, trustworthy, and able to serve, and Texas law lets a parent nominate a guardian and successor for a child. For a special needs trust, the trustee should be someone reliable with money who understands the benefit rules, and a professional or corporate trustee is sometimes the better choice. We talk through the candidates and help you name backups so there is always someone in place.
Let's build a plan that protects your loved one
Bring us the situation your family is facing, and we will help you choose the least intrusive way to keep someone you love safe and provided for. The first consultation is free, and you speak directly with your attorney.