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The purpose of a guardianship in Texas

Life is often unexpected. A person in Texas who may be perfectly healthy one day may be involved in a car accident or suffer an unexpected medical condition that leaves him or her unable to make decisions. As a result, he or she may become part of a guardianship.

A person who is named as a guardian can make important decisions for his or her ward. If the person who is disabled or incapacitated has not created a durable power of attorney, the court will appoint someone to serve in that position. A guardian can help ensure that a ward's estate does not accrue excessive liabilities during the time of incapacitation.

In addition to making financial decisions, a guardian has several other responsibilities including making health decisions. A guardian ensures that his or her ward receives proper care, including educational services and medical care. Additionally, the court requires that a guardian submit reports regarding the ward's financial and medical condition.

Courts typically prefer to appoint a parent, sibling or other family member to serve in a guardianship. During the estate planning process, a person can name a durable power of attorney who will make decisions on his or her behalf in the case of incapacitation. By doing this, he or she can ensure that the person chosen to make decisions serves as his or her guardian. An experienced estate planning attorney in Texas can help create these documents as well as aide those seeking to be named as a guardian in the event a loved one becomes incapacitated.

Source: Findlaw, "Guardianship of Incapacitated or Disabled Persons", Accessed on Oct. 5, 2016

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