Thursday, August 23, 2007

What should you do when you have a power of attorney and the judge ignores it and appoints a guardian instead?

I received this question from an anonymous person and I wanted to respond. I handle family law cases. Many people call me and want guardianship over a child. I almsot always recommend custody rather than guardianship because it does not require the court's oversight like guardianship does in Texas. I do not do much probate (aka guardianship) law these days. Therefore, I'm not comfortable in answering the question. I recommend that you find a board certified attorney in family law to discuss this matter with in person. Also, such a quick question is not appropriately answered via an email. I would need to meet with this person and learn all the details involved as well as review the court's file and/or read a certified copy of the court's order. I personally use Mr. W. Kevin Alter of Hebinck and Alter located at 5009 Caroline Street, Houston, Texas 77004. Kevin's phone number is 713-526-2333. I've sent several friends and relatives to him. I have used him personally! Everyone likes Kevin because he is patient, thorough, and kind. (They also feel his prices are very reasonable!) He also "speaks English" and not "lawyerese" to people. He is able to take complex legal concepts and describe them to a person without a high school education. To be able to simplify legal concepts so that the average person can understand them takes someone that really understand their stuff! There are many fine probate and estate planning lawyers in the Houston area. If you want a referral to someone, please call and I will be glad to give you some names in your neighborhood and price range. If you have a small estate (total value under $250,000) you don't need a $500/hour lawyer!

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