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Limitations of adult guardianships

Are you one of the many Texas residents with a relative who may be experiencing memory or other issues? Whether dementia, Alzheimer's or other conditions, these situations logically raise concerns about your loved one's ability to properly take care of his or her financial needs. You may be interested in options that allow you to do this.

A legal guardianship gives you certain control but also has some limitations. Understanding these limitations is important so you can help determine if it is the right thing for your family's situation.

According to the Texas Department of Aging and Disability Services, it is important to know that guardians are not help personally responsible for any current or prior financial liability on the part of the ward. Similarly, a guardian cannot be held accountable or otherwise responsible for any decisions made by the ward whether legal or illegal. Essentially, a guardianship does not completely take away the ward's personal freedoms to make decisions.

While a guardian does gain some control, he or she will not have the ability to forcibly make an elderly person comply with the taking of medications. The guardian cannot make the decision to move a person into a facility for mental health treatment. Supervision in person 24 hours a day, seven days a week is not required by any legal guardian in the state of Texas.

To learn more about guardianships for elderly relatives or other adults, please feel free to visit the care for elders page of our Texas legal guardianship website.

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