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The Law Office of Lisa A. Vance, P.C.

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Divorce and Family Law Matters

We are now accepting clients statewide in Texas.

WE ARE WORKING!

As the situation with COVID-19 continues to develop and evolve, the safety, health and well-being of our clients and our team is extremely important to us. We are watching for the guidance of the Centers for Disease Control and international medical experts to learn how we can best manage our facility and our clients.

We would like to reassure you that The Law Office of Lisa A. Vance, P.C. will continue to be available to provide services to all of our clients.

Our lawyers and paralegals are working in the office and electronically, although most of us are working from home. Below is a list of FAQs regarding our response and commitment to you during COVID-19.

Can I even have a consultation with my lawyer remotely?

Yes, The Office of Lisa A. Vance, P.C. has a comprehensive remote working capability and all of our lawyers and paralegals are equipped to work securely from home.

Will my lawyer be available to answer questions and work on my case?

Yes, your legal matters will continue to receive our attention. You can email, call, or videoconference with your lawyer during this time.

We also have multiple videoconferencing options; please contact your attorney for the platform that works best for you

How are court hearings and appointments affected?

Court in Bexar County are now conducted by Zoom Please see our blog article Court via Zoom: It’s Actually, Really Court (and Here’s How It Works)

Can I consult with a lawyer about a new family law or divorce matter?

Yes, we have office staff working in house and remotely to ensure continuity in our business. For information about a family law or divorce matter, please call our office or complete the Request a Consultation Form.

Your family law matters remain our top concern and we are not going to permit this pandemic to take priority over your needs. We will remain confident, alert and prepared.

We wish you and your family well as we work through this difficult situation together.

With warm regards,
Lisa A Vance

 

 

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How do I secure permanent guardianship for an adult I’m caring for?

| Apr 26, 2018 | Guardianship |

In our last column on guardianship, we introduced a discussion of adult guardianship by talking about temporary guardianship. Sometimes, that’s exactly what it sounds like-a person taking care of another person and his or her finances for a period of up to 60 days, as the person recovers from some sort of condition or situation that typically (but not always) leaves him or her incapacitated.

Permanent guardianship is a higher, harder threshold to achieve, and it’s used in situations in which a person and/or the person’s finances require a guardian’s involvement.

The process by which a person is determined in need of permanent guardianship includes a certified medical examiner determining if the person in question is indeed incapacitated. Once a guardian is assigned to the person who legally becomes what is referred to as a ward, that guardian is reviewed annually by the state to make sure he or she is caring for the ward and acting in the ward’s best interests.

Why is the process so involved? Because it’s a big deal to give an adult’s right to make his or her own decisions over to another person. It is, in fact, an inalienable right, and Texas is a state in which giving away that right won’t be done without following a proper process.

The process will involve an attorney ad litem acting on behalf of the person who will become the ward in the arrangement. It will be in your best interest, as the prospective guardian, to have an experienced family lawyer advocating on your behalf. There may be alternatives, such as assisted living programs and money management programs, which may serve the person you’re seeking a guardianship for much better than becoming your ward would.

It’s also important to know your rights and responsibilities as a guardian. For example, you won’t be expected to be responsible for your ward’s debts, but if your duties involve your ward’s finances, you’ll need to determine which bills are paid when and from which of your ward’s accounts.

Also, the arrangement you get at the outset could potentially be modified, or, if your ward regains his or her capacity, it’s possible to go through the restoration process to get the ward’s rights restored.

It’s also worth noting that sometimes incapacitation isn’t as cut and dried as you think it might be. In cases involving Alzheimer’s disease or dementia, a person can be confused at certain times of the day and lucid during others. In cases like these, our attorney will typically meet with the prospective guardian and ward during the morning and during the afternoon, in appointments several weeks apart. We simply need to have the information about their conditions, as gleaned in those visits, before we can determine whether or not it is an incapacitation meriting a permanent guardian.

The biggest determiner, of course, is if the person is a danger to himself or herself and to others. In those cases, it’s prudent to move forward to protect a prospective ward as well as the people he or she is regularly around. But even in those cases-which might seem straightforward-it can be incredibly complicated to determine whether not a person should become a ward. One should proceed with caution, as well as with a good lawyer, in taking on this noble but awesome responsibility.

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