Alternatives to Guardianship

Establishing a guardianship for a loved one can be time-consuming, tedious, expensive and emotional. Sometimes guardianships are truly necessary to protect those who cannot care for themselves, but frequently, less restrictive options are sufficient. At the law firm of Hayes & Wilson, PLLC, in Houston, Texas, our lawyers can help you consider alternatives to guardianship creating arrangements that protect your loved ones without removing all their rights.

Board Certified, Estate Planning and Probate Attorney
713-880-3939 or E-Mail

We help you create legal arrangements that will provide limited authority over the affairs of an adult without completely removing personal autonomy. We use a wide variety of alternatives to guardianship:

Durable Power of Attorney: This legal arrangement provides one person with the authority to act as the agent of another, making important decisions with regard to various legal matters.
Medical Power of Attorney: A medical power of attorney provides one person with the authority to make health care decisions for another person.
Directive to Physicians: Also known as a living will, this instrument directs physicians with regard to the use of life-support treatment. This provides some guidance regarding health care decisions without removing most decision-making abilities.
Management of Community Property: In the event that a person is declared incapacitated by a court, his or her spouse may have the ability to fully control shared property, without the need for a guardianship.
Trust: A trust allows one person or entity to hold and manage property for the benefit of another person. A trust can provide money to an individual, while limiting the ways in which this money may be used.
Representative Payee/Custodian: Some governmental agencies providing benefits allow a person entitled to these benefits to authorize another individual to collect the benefits.
Surrogate Decision Making for Incapacitated Individuals: This instrument provides one person the authority to make some medical decisions for another person who has been deemed incapacitated by a court.
Surrogate Decision Making for Clients in ICF-MR Facilities: This instrument provides one person the authority to make some medical decisions for another person who has been deemed incapacitated by a court and who is residing in an Intermediate Care Facility for Mental Retardation.

Each of these arrangements has some restrictions and limitations. To find out more about the alternatives to guardianship that are most appropriate for your circumstances, contact our offices today. For most of our services, we provide a free initial consultation and fixed fees for services.