Addressing Legal Guardianship In Texas
When someone (called a ward) enters into a guardianship in Texas, the guardian has legal authority to make certain decisions on that person’s behalf. They are obligated to put the ward’s best interests first, but the guardian has certain powers that they would not otherwise have. Guardianships are often used for minor children, or for aging adults who may be dealing with incapacitation due to health conditions like Alzheimer’s or dementia.
If you have questions about guardianship in Texas, Early Law Firm can help. Our Colleyville guardianship lawyer, Steven Early, has over 25 years of experience with this complex area of the law. As an attorney, he is dedicated to helping families and aging individuals explore all potential legal options.
Three Types Of Guardianship In Texas
A full guardianship means that the guardian has complete control over all decisions being made on the other person’s behalf. This could include financial decisions and medical decisions.
A limited guardianship grants the designated guardian powers in just one key area. For instance, they may be authorized to make medical choices, but not have the ability to make financial or legal decisions.
A temporary guardianship can sometimes be used if it is an issue of short-term incapacitation. An elderly person may experience a health event, introducing the need for a guardian until they recover.
Guardianships For Minors Or For Adults
A guardianship can be put into place for both minors and adults. In an estate plan, parents can pick a trusted guardian to raise and care for the children until they turn 18, in case they pass away unexpectedly. With an older adult, the issue is often some level of physical, mental or cognitive decline, and guardianship is used to define who can make decisions and offer assistance.
Can A Guardian Be Removed?
Yes, if the guardian is not acting in the ward’s best interests, the guardianship could be challenged. Perhaps other family members think that the guardian is abusing their position for financial gain, for example, or making medical decisions that do not align with that person’s stated wishes. The process involves petitioning the court to remove the guardianship.
Call For A Consultation
If you have any questions about guardianship in Texas, call 817-605-8880 or use the online contact form to set up your initial consultation today. Let a skilled attorney guide you.