Guardianship Lake Jackson, Texas

When necessary, a guardian may be appointed on behalf of an incapacitated adult or minor in Texas.

Being appointed as a guardian for a minor or an adult who is incapacitated carries with it a lot of responsibility. Not just anyone can be appointed, as there are qualifications to be met and procedures to be followed before the court will be satisfied that this person is the best option to be someone’s guardian. Guardianships are complex issues, and there are many different issues that can develop. This is why it is important to speak with a Lake Jackson guardianship attorney for assistance.

What Exactly is a Guardianship in Texas?

A guardianship in Texas is essentially a court-established legal relationship between a guardian and a minor or an incapacitated person (known as the ward) who lacks the capacity to take care of their person and finances. Under Texas law, an incapacitated person is defined as:

A minor;
An adult who, because of a physical or mental condition, is substantially unable to: provide food, clothing, or shelter for himself or herself; care for the person's own physical health; or manage the person's own financial affairs; or; or
Someone who needs to have a guardian appointed in order to receive money due from some governmental source.

Alternatives to Guardianship in Texas

If you are trying to protect your assets and want to avoid having a guardian appointed to look after your affairs should the need arise, you can make alternative arrangements. Given the amount of red tape involved and the restrictive nature of guardianships, one of these alternatives may be more ideal. Potential options include:

A durable power of attorney (i.e. financial power of attorney)
Joint bank accounts
Medical power of attorney (for your medical decisions)
Advance directive (which you may hear referred to as a living will)
A special needs trust

Types of Guardianships

There are several different types of guardianships that may be appropriate, depending on the situation and necessity. One is a guardian of the person and the other is a guardian of the estate. Either of these can be full or limited. With full guardianship, you could almost compare it to being a parent who exercises authority over a child, although there are some limitations, and the guardian must act in the best interest of the ward at all times.

Guardianships over the person deal with where the ward might live, moving him or her into a nursing home, consenting to medical treatment, and more. With a guardianship of the estate, the guardian will handle the ward’s financial affairs. This includes paying bills, investments, applying for government benefits, filing a lawsuit on behalf of the ward, and more.

When You Need a Lake Jackson Guardianship Attorney