Decatur Texas Probate Law Blog

Many people are lucky enough to see their parents reach their elderly years. While numerous Texas residents are undoubtedly happy to still have their parents around, they can still have concerns about how well their parents are getting on. In some cases, serious issues could put those parents in situations in which they may need guardianships.

The idea of acting as a guardian over a parent may seem unnatural to some people. After all, the parent has taken care of the child for most of his or her life. However, older people can find themselves in vulnerable positions in which they may no longer have the ability to properly handle their own livelihood or make sound financial decisions. Depending on the details, a parent could be in need of guardianship of the person or guardianship of the property.

Aging has different impacts on each person. Some individuals may live well into their golden years without many health issues, and others may not be so lucky. If Texas residents notice that their loved ones' mental capacity is starting to decline or if a diagnosis of Alzheimer's disease has been issued by a doctor, worries are understandable. In serious cases, guardianships may be necessary.

If a loved one does have a form of dementia, the severity of it and its effects can vary. An individual may remain relatively calm and cooperative despite the disease, and others may become scared and confused, which could lead to combative behaviors. Because dementia affects a person's memory and ability to make sound decisions, some loved ones may have to step in to make those choices.

After the passing of a loved one, emotions can understandably run high. Some people may immediately want to go to the home of the decedent in order to be surrounded by his or her things and try to find some sense of comfort. They may even want to take an item or two for themselves. However, this type of action could cause major issues during probate administration, and the executor has the responsibility of ensuring it does not happen.

One of the tasks that a Texas executor has is to protect the estate's assets until the distribution portion of probate. It may seem challenging, but the executor may need to prevent loved ones from even entering the home due to the possibility of someone walking away with an item possibly meant for someone else. Even if the deceased said a specific person would receive an item or tagged assets, if that same information is not reflected in the will, it is not legally binding.

Having a child with special needs can certainly present challenges for Texas parents. Of course, most parents meet these challenges head-on and will do whatever is necessary in order to ensure the well-being of their children. In some cases, this may mean pursuing guardianships when those children reach adulthood.

Though most children become adults at the age of 18 in the eyes of the law, individuals with special needs may not always have the mindset of adults. For example, if a child has autism, he or she may have multiple disabilities that affect certain capabilities. As a result, that person may not be able to handle his or her own affairs despite legally being considered an adult. At this point, parents may need to consider whether guardianship suits their cases.