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Guardianships & Conservatorships Archives

Appointing guardianship of one's minor children

Preparing for one's own death or possible incapacitation can be a challenging thing. However, for parents in Texas who have minor children to consider, it is something that really should not be overlooked. After all, wouldn't one rather have a say about who will care for one's children in the event that he or she cannot? As part of the estate planning process, guardianship of one's minor children can be specified, ensuring that the kids are cared for by the person best suited for the task.

Guardianship of adult: Roles, responsibilities and limitations

Being appointed a guardian of an adult is a significant job. With it there comes numerous responsibilities and certain limitations. If you are considering taking on a guardianship, it is normal to have questions about what your role will be in the life of the individual placed in your care. This week's column will address some the most common questions Texas residents may have about guardianships.

Making decisions regarding a guardianship in Texas

In a perfect world, all people would create estate planning documents that detail who will make medical and financial decisions on their behalf in the event that they become unable to make such decisions. However, even when a person does have such documents in place, they may be out of date or no longer applicable for a variety of reasons. As a result, families in Texas often find themselves seeking guardianship of a relative.

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.

Guardian: A single word with many forms under Texas law

So, you are a relatively healthy adult in Houston. Maybe you have family, siblings or children. Maybe you don't. What difference does it make? You're healthy and you are fully capable of dealing with the day-to-day issues that we all confront. But what if all that changes?

Making an advanced directive known in an emergency situation

You're a thoughtful person. You understand you won't live forever. That's why you take advantage of one or all of the estate planning solutions available to everyone in Texas – working, of course, with an experienced attorney.

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.

Texas law sets priorities in how guardians are appointed

You may believe you know best when it comes to appointing a guardian for someone who needs one, but the state of Texas doesn't make the same assumption. State law lays out rather clear guidelines for courts as they are faced with deciding who should serve as a guardian.

What does Texas law require in appointing a guardian?

Who needs a guardian? Most everyone in Texas would probably agree that children need guardians. But that's a role typically filled by one or both of the child's parents. Once a child becomes an adult that guardianship role may get taken off the parents' plate. However, if individuals can't take care of themselves for some reason, then the parent's guardian role might need to continue. A guardian might also need to be appointed if a loved one suddenly becomes incapacitated.

Caring for an adult child with special needs

As their child is approaching the age of adulthood, one thing a parent may be thinking about quite a bit is their child's future. What kinds of worries, concerns and hopes a parent has about their child's future will very much depend on the specific characteristics and situation of their child. 


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