You may have encountered a person in Texas who has a court-appointed guardian and wondered how this relationship was established and how it is monitored. That is a very reasonable thing to want to know about especially with so many sad stories about people in guardianship positions essentially robbing those whom they are supposed to provide care and oversight to. This problem is why so many people have and continue to call for reform of guardianship laws.
Aging brings with it a host of challenges, and dementia is just one of the difficulties the elderly may face. Residents of Texas who are grappling with the impacts of dementia-related illness may consider guardianship as one option for effectively handling affairs.
Texas residents who have elderly loved ones who may be i need of assistance to manage their affairs may often be worried about how they can find the right person for the job. This can be especially difficult when adult children or grandchildren do not live geographically near their relatives and they must consider hiring someone or appointing a guardian.
Despite the vision that many people hold of the ideal nuclear family, the fact remains that many children in Texas are not able to be raised by their parents. The reasons for this run the gamut and include everything from parental deaths to criminal sentences that send parents to jail or prison. In some situations, parents may experience physical or mental health problems that prevent them from being able to appropriately raise their children.
A guardianship can be a great way to ensure that your needs are met and your wishes are honored if you ever become incapable of expressing them. It can also provide protection for any family members you leave behind. If you have decided that a guardianship will be the best option for your estate planning in Texas, you can begin the process of creating one.
You may hear the word “guardian” and assume that one is referring to a person designated to care for a minor. Yet in many cases, adults in College Station may also be placed into guardianships. This is typically done only after a court has ruled that a person is unable to care for him or herself. Oftentimes, that guardian may not even be one that a ward is acquainted with, but rather a person who is certified through the state. People often come to us here at The Law Office of Randy Michel with concerns that their loved one’s professional guardian may be abusing his or her powers. If you share the same fear, it helps to first understand what those powers may be.
There may be many situations in which a person in Texas is unable to provide care for themselves and requires another party to assume some responsibility for this. The person may be a minor under the age of 18 or a person 18 years of age or older who is in some way incapacitated. Such incapacitation may result from injury, illness or other forms of disability. It may be temporary or permanent. These are times when a guardian may be appointed.
Texas parents who are putting together their estate plans while their kids are still minors must wrestle with the often difficult choice of who will raise their children should the parents die while the kids are still at home. Many things contribute to making this a hard decision but that should not stop people from identifying this lest they leave it up to the courts, as Parenting magazine explains.
Do you know of an elderly person in Texas who may be in need of some assistance but for whom a full guardianship might be overkill? It is logical to consider alternatives to a professional guardianship given the restrictive nature of this approach. While a guardianship can serve a valuable purpose, it is not right for every person or situation. Some people may well benefit from a relatively new alternative known as supported decision making.
Texas residents who must help their aging loved ones know how difficult this can be. In addition to managing logistics like providing proper care, there are often concerns about a person becoming exploited or financially abused. Sadly, this type of thing often happens at the hands of those who are intended to care for people. This is why great care must be taken when establishing guardianships or making other estate plans.