Decatur Texas Probate Law Blog

Any Texas parent has concerns as their children get older. For parents who have children with Down syndrome or similar conditions, their concerns may have a sharper edge than others. In many cases, children with such conditions do not reach milestones on the same schedule as other children, and some parents may even consider guardianships as their kids reach their later teen years.

Though parents of children with special needs have a great love for those children, they understand that certain aspects of life will be more challenging in many cases. For instance, when these children hit puberty, their bodies may change on schedule, but they could have a more difficult time understanding why the changes are happening and who it is appropriate to talk to about these changes. They may also need more assistance when it comes to handling certain changes.

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.