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Is there something shy of seeking guardianship over a loved one?

The application of available tools to create a conservatorship is not something that should be done in an off-handed way. Those with experience in helping Texas families with such estate planning needs know how valuable the assignment of a guardian can be for a loved one who can't make crucial life, health and financial decisions for themselves, but the process can be daunting.

Indeed, establishing a guardianship situation is legally complicated by design. It's one way officials ensure that whoever is appointed to the task on behalf of a ward understands the responsibilities and the consequences that could be possible if they fail to act in the ward's best interest. It can also be so expensive to administer that it is legitimate to explore if other options exist.

The good news is that there are alternatives worth considering, and by consulting with a skilled attorney it is possible to look at them all and determine whether there aren't other ways to meet the needs of your particular circumstance.

For example, It may be that a parent has all his or her mental faculties, but doesn't have the wherewithal to easily complete important legal transactions such as the sale of a property or retirement fund management. By granting Durable Power of Attorney, a trusted other can be given the authority to act on the parent's behalf.

Maybe granting Power of Attorney is more than is needed. In that case, it may be enough to appoint a representative payee, or custodian, to take receipt of certain benefit payouts.

Consider, too, what kinds of headaches can be created if you should be in a medical condition that makes it impossible for you to decide on a course of necessary treatment. A Medical Power of Attorney allows you to name a trusted other to make the decision for you.

Backing up the Medical Power of Attorney might be a living will or Directive to Physicians. Through that tool, you can instruct health care providers about what you want or don't want if putting you on life support is called for.

Deciding what steps might be best to take is always easier in consultation with trusted counsel.

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