Once the Application is filed, the Court will appoint a Court Investigator. This person is an extension of the Court, and their role is to visit with you and your loved one to determine if a Guardianship is truly needed and who is to be considered as Guardian. The Court Investigator prepares a Report and then files it with the Court.
Attorney Ad Litem
As soon as the Court receives the Court Investigator’s Report, the Judge will appoint an Attorney Ad Litem. This is an attorney who has been certified to serve in this specific capacity. Anytime someone is in front of the Court, they have the right to be represented by an attorney. Because your loved one may not have the capacity to hire an attorney, the Court will appoint one for him or her.
The role of the Attorney Ad Litem is to visit with you, talk to your attorney, and perhaps even speak with your loved one. The Attorney Ad Litem relays their findings to the Court at the hearing.
As soon as the Court Investigator and Attorney Ad Litem completes their investigation, the hearing is scheduled. At the hearing, the Judge reviews the Court Investigator’s report and also reviews the CME. The Judge then hears your testimony which should explain why his your loved one needs a guardian and why you should be the one appointed. Once the testimony is given, the Judge makes the determination as to whether they feel your loved one is in need of a Guardian of the Person, Guardian of the Estate, both, or none at all.
Are You Seeking An Experienced Guardianship Lawyer In The Dallas Area?
If you are in need of an experienced guardianship attorney please contact us online or call our Dallas office directly at 214.559.7202. We help clients throughout the Dallas area and look forward to helping you.