Texas Guardianship: You Can Plan for These 2 Situations

Last updated on: November 9, 2022

Getting a Texas Guardianship can be a complicated, stressful process. In most situations that require a guardianship, you will also be dealing with a traumatic experience, such as a death in the family or an ill family member. To make these situations less stressful so that you can focus on caring for the people you love, it is imperative that you plan for a few scenarios in which you will need a guardianship.

The Role of a Guardian

The guardian’s role is to ensure that the ward and their estate are protected within the limits set by the court. It is important to keep in mind that a guardian’s role is dictated by the court and a guardian is not allowed to take any action that is not within what the court ordered upon their appointment. 

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The guardian may petition for another order from the court to allow them to act in an expanded capacity if their ward’s disability or incapacity has progressed. The guardian also has to make an annual report to the court about the ward’s welfare, estate, and health. This is why it is important for the guardian to keep records that show any financial transactions and actions they have taken on behalf of their ward.

One common myth about guardians is that they are accountable for any negative actions made by their wards. However, this is not true. A guardian will only be liable for the bad acts of their ward if they are also an accomplice to that action. 

Speaking to a skilled guardianship attorney may be able to help you learn more about guardianship and the specific roles a guardian may have. Houston estate planning lawyer Whitney L. Thompson has helped many families explore guardianship and provide solutions for their needs. Contact us today to schedule a consultation.

Here are two different instances that will require a guardianship.

An Adult Loved One Has Become Mentally Incapacitated

When an adult becomes incapacitated, they will need someone else to make decisions for them. It might happen because of an accident, old age, or illness, but the important thing is that you have the right person to make decisions in your place. If you do not name a power of attorney before incapacitation, your loved ones will have no choice but to try to name a guardian for you.

The reason it is so critical to name someone before you can’t make decisions on your own is that it can cause serious harm to the family unit. Infighting is not uncommon for families dealing with guardianship issues for a loved one.

Make things easier for your family. Plan for the unthinkable.

An Adult Loved One Is Living with Limited Ability

There are many reasons that an adult might be living with limited mental ability. They might have been in an accident or suffered an illness that left them with lower cognitive ability. They might have been born with special needs. Whatever the reason, they may require at least some help to function as an adult.

In such instances, a limited guardianship could help. This type of Texas guardianship allows the individual to maintain a certain level of independence without risking their health, safety, or finances. A doctor may determine that they are capable in certain areas of life, like maintaining their health, but that they need help in another, for instance, finances.

Plan for Your Texas Guardianship—Contact Me Today

If you want to start planning for the future, get in touch with me today. As an expert on guardianship and other estate planning matters, I can help you find the right solution for your situation. Don’t wait until it is too late. Contact The Law Office of Whitney L. Thompson, PLLC today at (281) 214-0173.

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