When someone you love becomes incapacitated or unable to safely make their own medical, financial or daily living choices, a guardian can step in. A legally appointed guardian makes the decision of speaking for their ward, advocating for their well-being and ensuring they are safe, cared for and treated with dignity.
What is incapacity?
Under Texas law, “incapacity” is a legal safety net designed to protect senior citizens and minors who can no longer safely manage their own lives or finances. When a guardian is appointed, they are entrusted with the responsibility of managing funds and making vital decisions on behalf of their vulnerable loved one. However, the guardian should respect their ward’s rights every step of the way.
Guardian of the person vs estate: Understanding the roles
The Texas state law divides the guardianship into two distinct roles that are, guardian of the person (Responsible for the physical well being of the ward) and guardian of estate (Responsible for the financial well being of the ward). By separating these responsibilities, the law ensures that every aspect of your elder’s life receives specialized, focused protection to safeguard both their health and their future.
Is guardianship the only way to protect seniors?
The main aim of a guardianship arrangement is to protect incapacitated adults and provide them and their families peace of mind. It can be a last resort, rather than the first one. Before filing for guardianship, it is smart to explore other less restrictive options, such as:
- Supported decision making agreement
- Special needs trust
- Medicaid waivers
- Advanced medical directives
- Medical power of attorney
- Durable power of attorney
- Use of a representative payee
- Establishing a joint bank account
- Management trust
- Money management programs
The list mentioned above can go on based on individual circumstances and arrangements.
Seeking guidance for guardianship
Filing for guardianship is a crucial and personal decision. However, before choosing this option, it is recommended to consult with an attorney. If you are firm with your decision, you will need to hire an attorney with relevant experience and qualifications to file for legal guardianship and the follow up procedure.
