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Guardianship is a court-created relationship established between a person who needs help, typically an incapacitated person, or a minor (referred to as a Ward), as well as a person or entity named to help the person in need (the Guardian).
However, before the appointment of a guardian for an adult, that adult must be declared legally incapacitated.
There are Guardians of the Person and the Guardians of the Estate. The Guardian of the Person makes personal health, living, and medical decisions for the incapacitated person. The Guardian of the Estate also makes financial and business decisions.
Steps to Becoming a Guardian
The Texas Estates Code requires very specific procedures when applying to become a guardian.
Once appointed and approved as a guardian, there are also specific procedures that must be followed. In addition, the guardian must also prepare and file reports in a timely manner. These processes are legal requirements that necessitate an experienced attorney to properly initiate the court proceedings. In addition, an attorney can also guide the proposed guardian through the complex process both before and after appointment as a guardian.
Sometimes there are less restrictive alternatives to guardianship, and in many cases, Texas cours prefer these alternatives. Before initiating the guardianship process, also discuss these alternatives with an experienced attorney.
Responsibilities of a Guardian
It is important to recognize that becoming a guardian for another will not fix all problems. There are particular responsibilities and limits that apply to guardians and guardianships:
Responsibilities of a guardian include:
- Paying the ward’s bills.
- In addition, the guardian also makes decisions about and managing and investing the ward’s assets. As a result, this management must be pursuant to Texas Estate Codes standards.
- Also ensuring the ward’s medical and personal living needs are met.
- Also filing annual reports and accountings with the court that appointed the guardian.
- Seeking proper and appropriate court permission and approval for the actions he/she will take.
If you or someone you love is incapacitated and in need of a guardian, contact Vance E. Hendrix, Attorney at Law. He will answer your questions about the guardianship process. In addition, he can also more thoroughly review the responsibilities and limitations that come along with being a guardian. As a result, he will be by your side every step of the way.