Understanding testamentary and temporary guardianship

| Feb 11, 2021 | Guardianship |

It is difficult to think about a time where the parent and child roles could be reversed; however, this is a reality that individuals in Texas and elsewhere may have to face. When a parent falls ill or is elderly and no longer equipped to care for him or herself, it is possible to establish guardianship.

Guardianship is when an individual is appointed as a person’s guardian, which ten allows them to make legal decisions on their behalf because they are unable to do so for him or herself. Depending on the situation, one type of guardianship may be more beneficial over the other. There are two types of guardianships, which are testamentary and temporary.

Testamentary guardianship

This is typically used for minor children or adult children with a disability. This guardianship is crated by a will and is established when both parents pass. Guardianship will remain in effect while the child is still a minor or remains disabled.

Temporary guardianship

A temporary guardianship is typically granted to achieve a specific purpose for a set timeframe; thus, when the purpose is accomplished, the guardianship will be terminated. There are different types of temporary guardianships; however, an emergency guardianship will be focused on. This is when guardianship is granted due to an emergency and approval is necessary for an individual to receive immediate services. Thus, when the emergency is over, the guardianship will also end.

Typically, the person being served by the temporary guardianship is either disabled or incapacitated in some way. In order to establish an emergency temporary guardianship, the court must determine that the individual is unable to make the decisions in question due to a mental disability, addiction, a debilitating disease or some other limitation. The court will also determine that if a guardianship is not established, id this puts the individual at risk of serious harm or even death.

With regards to elderly loved ones, establishing a temporary guardianship may be necessary. This can help ensure that they get the help and treatment necessary for a current health issue. This could also help ensure that other important legal decisions are protected and made on their behalf. Thus, if an individual seeks to establish guardianship of an elderly or ill parent, it is important to understand the benefits of this and how to move forward with the process.