As our population ages, more and more people face the question of how to deal with a parent whose mental or physical abilities have diminished.  Improved nutrition and advances in medical techniques have resulted in longer life for a large segment of our society.  Unfortunately, longer life does not always equate to a healthy and happy life.  Many of our elderly suffer significant physical illness or mental illnesses, like dementia.

From a legal perspective, there are a number of tools that can be useful in such cases.  The most well known of these tools is guardianship.  Guardianship is a judicial proceeding in which a person or entity may be granted full or limited authority over an incapacitated person (ward) to promote and protect the well-being of the ward and/or the ward’s estate.

There are two types of guardianship – guardianship over the estate and of the person.  The guardian of the estate is in charge of the ward’s property and finances.  The guardian of the person is in charge of the care and custody of the ward.  Factors to be considered in the guardianship proceeding include:

1. the extent of the ward’s diminished capacity
2. the necessity of guardianship
3. the most appropriate person to be appointed guardian

In considering these factors, “the best interest of the ward” is always the underlying guideline.

Incapacitation is the threshold issue in determining guardianship for an adult since guardianship is an extreme imposition on the ward’s rights.  The other issues are only considered if the ward is found to be incapacitated.

What are the alternatives to a guardianship?

There are several alternatives to help avoid guardianship.  A statutory durable power of attorney allows another to act as your agent in financial matters.  A medical power of attorney allows another to act as your agent to make healthcare decisions.  Directive to physicians or “Living Will” directs your physician(s) on how to act regarding “life-sustaining procedures” in the event of an incurable or irreversible condition.  You may also appoint a person to make such decisions for you if the situation should arise.  A surrogate decision maker is a person who may consent to medical care and treatment if a person to make decisions cannot be located.

Who can be appointed as a guardian?

Certain individuals have priority to serve as guardian by statute, but any person who does not have an “adverse interest” to the proposed ward can file an application for guardianship and seek appointment as guardian.

What does a guardian do?

The guardian processes and manages the ward’s property and manages the estate as a prudent person would manage his own property.  The guardian has authority over the care and protection of the ward, but this authority is limited by the court to promote and protect the well being of the ward.  A guardian is prohibited to act without court order, but there are a few exceptions to this rule.  He or she may act without court order to release a lien, vote stock, insure the estate against fire, theft or other hazards, and pay taxes, court cost, and bonds.

What are Letters of Guardianship?

Once appointed and qualified, a guardian obtains letters evidencing the appointment, qualifications, date of qualification, and authority to act.  The letters expire one year and 120 days from the date of the issuance, but may be renewed by an annual accounting approved by the court.

For more information about guardianships visit the Texas Guardianship Association’s website at www.texasguardian.org and the National Guardianship Association’s website at www.guardianship.org.

If you or someone you know is facing these issues with a friend or loved one, don’t try and tackle this alone.  Our experienced attorneys and staff at the Hubbard Law Firm can guide you step by step through the guardianship process or suggest alternatives that may better suit your need.  Give us a call at 281-358-7035.

* Portions of this article were prepared by the Texas Young Lawyers Association and distributed by the State Bar of Texas.

Of course, starting or acquiring a new business is a daunting challenge for anyone.  There are many decisions to be made beyond the obvious.   People sometimes rush to get their business started knowing little more than that they want to be in the type of business to which they are drawn.  People often choose a particular business because they have a history or experience with the product or service they plan to provide.  Some of those people assume that extensive knowledge about a product or service will automatically translate into a successful business delivering that product or service to the public.  While knowledge of a product or service is vitally important, it can be almost useless in the establishment of a successful business unless it is coupled with an understanding of basic business principles.  Unfortunately, many new businesses fail or suffer because the owner does not possess the skill to run the business side of his or her business.

Philosophically speaking, most people going into business strive to minimize risk and maximize profit.  In order to achieve these desired results, it is necessary to understand a number of things.  The form of business entity to be used is a threshold question which is often based upon the amount of investment, nature and degree of risk as well as accounting methods desired.  Accounting for startup costs, inventory, sales, and expenses is crucial to knowing whether a business is viable.  Many businesses actually fail long before the doors are closed.  Additionally, the new business person needs to understand how to protect personal assets from claims that may come through a new business venture.   The list goes on and on.

The answer to the problem of lack of knowledge is simple to state, however, it is often difficult to achieve.  While it is easy to say that all successful business owners must possess or acquire an adequate level of knowledge of business principles, it is another matter to actually obtain such skills.  The business owner without such skills is faced with the challenge of obtaining the needed expertise in time to avoid disaster.  Generally, there are two methods.  One, the information can be acquired through study and experience, or two, it can be acquired through the use of professionals such as attorneys, accountants, bankers, marketing specialists, etc.   A balanced approached will best serve most new business owners, whereby professional advice is sought and employed until the owner gains the experience needed to personally make wise and successful business decisions.

The Hubbard Law Firm has been assisting businesses in the Humble, Kingwood, and Atascocita area for over 25 years.  If you have questions, please visit our website at www.patrickhubbardlaw.com/business or call us at 281-358-7035, to see what we can provide for you.

In my experience, nothing hits parents harder than having a child accused of committing a crime.   We all have hopes and plans for our children.  We want them to grow up healthy and happy, get an education and pursue their dreams.  We want to be proud of our children and we often tend to share with our friends and neighbors about their successes and accomplishments.  When a child is charged with a crime, it can seem like the end of the world.  Fear, panic, anger, frustration, and disappointment are all among the typical emotions experienced by parents in this situation.

Over many years of assisting parents in this traumatic circumstance and having seen a wide range of reactions, I have developed a series of suggestions that I believe can be helpful.   It can be a pivotal point in a child’s life and can be the first step to either a successful future or the beginning of a downward spiral in the other direction.  Fortunately, in the great majority of cases, damage can be minimized, and in all cases life will go on.  However, more importantly, a child will often learn important life lessons from the way they see their parents respond under this type of pressure.  My suggestions include the following:

1.     Get Yourself Under Control.
Because shock, anger and fear are often the first emotions a parent experiences after learning of charges being brought against a child, it is very important to guard against taking action based on feelings.  Relationships can be permanently fractured by anger or violent reactions.  Furthermore, opportunities for a positive resolution of the charges can be jeopardized by emotional reactions or interactions with persons in authority concerning the case.

2.    Get The Facts.
As soon as possible, parents should learn as much as possible about the specific things a child is accused of having done.  It is also important to know where the matter occurred and who else was involved.  While a child can provide some of this information directly, an attorney or a bail bondsman can get information regarding the nature of the charge, the case number and the court where charges will be prosecuted.

3.    Get Professional Help.
Never assume that a criminal charge can be worked out by simply discussing the matter with police or prosecutors.  Anything shared with authority in a case may wind up being used against your child in a trial or negotiations.  You need to understand the gravity of the charges against your child before you can make an intelligent decision about how to proceed.

4.    Get Involved.
Your child needs you to be involved.  You are the adult and the child needs to see you acting responsibly.  Do not caudle the child or accept the child’s story as being totally accurate, but let the child know that you will stand with them to face this difficult situation.

Parents often make the difference in how a criminal charge will impact the life of a child.  If I can be of assistance, please call my office at 281-358-7035 or visit our website at www.hubbardlawgroup.com.

Purchasing a home can be one of the biggest decisions and most significant investments a person or family makes.  No matter how carefully planned and meticulously budgeted, the purchase of a new home always involves some level of risk.  Family situations can change, job situations can change, health situations can change; all of which can shake a families financial stability to its core.  In the current economic climate, more and more families are facing financial crises that they never dreamed they would face.  Among the most critical of these crises is foreclosure of the family home.  If you are facing foreclosure, having access to the most basic laws governing foreclosure and knowing your options can mean the difference between losing everything you’ve worked for and protecting your family home.

In Texas, the type of foreclosure process that is used by the lender depends on the type of debt that is owed. As a practical matter, once a homeowner has missed a mortgage payment and is in default under the promissory note, the lender may attempt several unofficial steps to resolve the problem, such as collection calls, letters, acceptance of partial payments, or negotiating a temporary payment plan.  Assuming that these efforts have not resolved the problem and the lender is ready to proceed with a nonjudicial foreclosure, the following actions must be performed by the lender:

(1)   Notice of Default and Intent to Accelerate (first notice);
(2)   Notice of Sale and Acceleration of Debt (second notice);
(3)   Foreclosure Sale;
(4)   Distribution of Proceeds;
(5)   Eviction;
(6)   Deficiency Action; and
(7)   No Right of Redemption for Nonjudicial Foreclosure.

A foreclosure can be cancelled, delayed or avoided at anytime before the sale at the courthouse.  The best time to reach a resolution is during the 20-day period after receipt of the first notice.  During this time, you are required to pay only the past due amounts and not the entire loan amount.  If you believe that you will be able to gather the necessary funds to bring the loan current, it would be wise to contact the lender and keep them informed of your progress as they may be willing to extend the 20-day period if they believe that the matter can be resolved without further action.  If you cannot pay the entire amount that is due, your lender may be willing to agree to a payment plan, loan modification or other arrangement to bring the loan current and ensure that you will be able to make future payments.

In certain situations, it is possible that your lender must consider modification if your home loan qualifies under new laws passed to provide relief from rising foreclosures, such as the Making Home Affordable plan and the Home Affordable Modification Program.

The filing of a bankruptcy petition will immediately stop a foreclosure sale from occurring as of the filing of the petition.  However, you will be required to continue making some type of regular payments and make some payments toward the delinquency as part of your bankruptcy plan.  Filing for bankruptcy is a major event and should not be taken lightly or performed without careful consideration.

Weathering difficult economic times is hard enough without the added stress of facing the loss of your family home.  If you would like solid, experienced counsel from professionals who care, contact the Hubbard Law Firm.  With more than 30 years experience, they can provide you with the best options to protect yourself and your family.  Call the Hubbard Law firm today at 281-358-7035.

Contact The Hubbard Law Firm for a confidential consultation to assist you with your legal needs. Licensed to practice in all courts in the State of Texas. 

Having lived, worked, and traveled in other states, as well as foreign countries, I can say without a doubt that some of the best people in the world are right here in the Humble, Kingwood, and east Montgomery County area.  I think that twenty-five years of meeting and working with thousands of people in this area makes me an authority.  The remarkable diversity of this community fascinates me.  We differ ethnically, culturally, and spiritually.  We work at different kinds of jobs and we play different types of games.  We are truly different and I enjoy the variety.

On the other hand, while we are all different, in some ways we are the same.  I see the common threads of love for this country and concern for the welfare of our neighbors.  Our families are the corner stones of our lives.  We care about our spouses, children, and parents.   As a lawyer, I see my clients being interested in providing for the welfare of their loved ones.

Unfortunately, I also see some who fail to make provisions for the future of their family.  There is usually a reason for failing to act.  One is that some of us do not want to think about death for any number of reasons.  Another is procrastination; we all suffer from this to one degree or another.  Some folks are just too busy while some can’t decide what to do.  This is common in blended family situations.  Others have children, spouses, or relatives with special needs, while some are experiencing anxiety or conflict in their close relationships.  The reasons are many but the results are often strikingly similar, loved ones left to manage very important affairs at a time when grief and depression are rampant.

As a service to my clients, I suggest a few simple steps that will get them past this point of inertia. First, I suggest making a few simple notations.  Start with a list of the kinds of property you own.  The list starts with real estate followed by investments, household furnishings, vehicles, collectables, jewelry, personal effects, and retirement accounts, in no particular order. Next, make a list of the people who are important to you.  This would normally include your spouse, children, parents, other relatives, special persons, and charities you support.  Put them in the order of importance to you. Finally, write the names of persons you would trust to carry out your wishes or to see after your children.  These people can serve as the executor of your estate or as trustee and perhaps guardians for your children. Making these simple lists is ninety percent of the work needed to get your affairs in order.  All that remains is getting this information put in proper form and properly signed.  As encouragement to get started, just remember that there is no right or wrong way to leave your property at your death.  It’s your decision.  You decide.

As a parting thought, I would like to invite clients, friends, and neighbors to come by my new office located at 1075 Kingwood Drive, Suite 203 in the Chase Bank building near the entrance of Kingwood off Highway 59.  We are excited about the new space.  Come see us.

Contact The Hubbard Law Firm for a confidential consultation to assist you with your legal needs. Licensed to practice in all courts in the State of Texas. 

Fall is a great time of the year.  Every September, I eagerly await cooler weather, football, and holiday celebrations.  It is also a time for taking stock of affairs, giving thanks to God for our blessings and planning for the future.

Taking stock is easily the most challenging part of winding up another year.  It can be time consuming and sometimes traumatic.  However, reflecting on your past performance and setting goals for the future, is time well spent that will yield more success and less stress in the years to come.

In the legal business, I refer to it as a year-end check-up.  If you are a visual person, think of the “ox-rule.”   The “ox-rule” is that it is easier to keep your ox out of the ditch than it is to get your ox out of the ditch.  Or, you can think of it as building a fence around the ditch.

The process is simple.  Ask yourself these questions.  Are my will, power of attorney, directive to physician, and beneficiary designation in order?  Is my business in the best format for tax purposes?  What is my liability to my customers, my employees, and to others?  Is the property and information of my company and clients secure?  Am I in compliance with the legal requirements pertaining to my business?  Are my records adequate?  Are my business relationships with professionals in a good place?

The answer to these questions will yield an accurate picture of where your personal and business affairs are leading you.  The final question is whether you are heading in the direction you want to go? If not, give us a call, we can help.

But most importantly, we wish all of our clients and readers a very happy holiday and rewarding New Year!

Contact The Hubbard Law Firm for a confidential consultation to assist you with your legal needs. Licensed to practice in all courts in the State of Texas.