The term guardian is familiar to most people, although many do not fully understand what it means.
In Texas, there are two types of guardianship: guardianship of a person and that of an estate.
While guardianship lawyers commonly find one person acting as both, it is critical for guardians of any kind to understand what being a guardian means and the legal rights they have as one.
What Does Being A Guardian Mean?
To be someone’s guardian in Texas is to retain the legal rights of another person, known by guardianship attorneys as the ward.
Guardianship is usually taken away from an individual and given to someone else when that person is incapacitated and unable to provide for their own basic needs such as food, clothing, or shelter, or to take care of their own physical or financial health and needs.
Guardianship law firms find that in most cases, guardianship is sought for incapacitated adults who need this type of assistance and not children.
Guardianship gives someone else the ability to make necessary decisions for the adult in their care and the responsibility to provide that care for them.
If they also have guardianship of their ward’s estate, they have the legal right to make decisions regarding it as well.
Guardianship Is Often A Last Resort
Guardianship attorneys advise that it is important to understand that when seeking guardianship, it should be considered a last resort legal action and it does not apply in most cases.
First, there is a distinct difference between someone being disabled and being incapacitated.
Disabled persons are not necessarily incapacitated and do not require a guardian.
In cases where the proposed ward is mentally incapacitated and they are unable to make decisions for themselves or care for themselves in a mental capacity, guardianship lawyers may be able to help.
Guardianship Not Usually Done With Children
Similarly, guardianship is not typically awarded for children, since parents can give Power of Attorney to another adult whom they wish to legally act on their behalf for the benefit of their child.
Guardianship is also unnecessary for family members or designated payees to access a person’s Social Security Insurance and other public benefits or for family members to make emergency decisions for them.
Seek Help From A Qualified Guardianship Attorney
Noting this, guardianship attorneys recommend that anyone proposing filing for guardianship consult legally on the matter to fully explore alternative options before seeking guardianship.
When it ends up being the most suitable option for helping a family member in need, guardianship lawyers can assist with the filing process, which includes an application, a physical exam to confirm that a proposed ward is incapacitated, serving notice to the ward and other family members, and a number of other legal requirements.
Find out more about guardianship in Texas by contacting a family law professional.