Estate Planning For Peace Of Mind

The difference between full and limited guardianships

On Behalf of | Jul 21, 2023 | Guardianship |

When you are trying to protect your loved one’s well-being and rights, there may be times when a guardian must oversee their matters. However, you also realize the importance of preserving their independence as much as possible.

Knowing the differences between full and limited guardianship in Texas can help you and your family member understand which type of guardianship best suits different situations.

Weighing the pros and cons

Full guardianship is a legal relationship established by a Texas court. It appoints a guardian to care for someone who cannot care for themselves and gives them the authority to make decisions on behalf of the person in their care, including personal, legal and medical issues.

It provides protection and care for the ward. Full guardianship can help ensure that bills are paid, assets are appropriately managed, and financial obligations are met. But, in addition to the loss of independence, there is also the potential for abuse. Furthermore, it is often permanent, making it difficult for the ward to regain independence if their condition improves.

A limited guardianship is less intrusive than a full one, providing the ward with as much autonomy as possible while still ensuring their safety and well-being.

The guardian’s authority is specific to areas where the ward is deemed incapable of making decisions or caring for themselves. This could involve managing certain financial assets, making specific healthcare decisions, or determining living arrangements, among other things.

The drawbacks are that it may be challenging to determine which decisions the ward can make independently and which should be made by the guardian. There could be a potential for neglect in areas not under the guardian’s authority.

The decision to have the court appoint a guardian for a loved one is difficult. There are many options to consider when determining what is the best choice. It’s essential to weigh all the pros and cons and consult with someone who can assist with court proceedings. They can help ensure your loved one will be taken care of while maintaining independence.