There might come a time when your parent begins to slip mentally, and you worry about their decision-making ability. A friend recommends that it’s time for you to investigate becoming a legal guardian of your parent, or if you live out of state, bringing in a third party located in Texas to do so.

Just how does that work in the case of your parent?

A guardian, also known as a conservator, is authorized by a court to take care of the day-to-day and long-term needs of someone who can’t do that. The guardian is responsible for acting in the best interests of the person they are looking out for.

To have a guardian appointed, a court must be convinced that your parent can’t make decisions on their own. Your parent has the right to object and be represented in court.

If the court decides in favor of guardianship, what does the guardian do? That is up to the court to decide, and several people could take on the role of guardian, each with a specific responsibility. In general, however, a guardian could have rights to make any of the following decisions on behalf of your parent in a number of areas, including:

  • Where they will live
  • Financial, including investments and bills
  • Consent for medical treatments
  • Sale of real estate or other personal property
  • End-of-life decisions

The court usually will want to see reports whenever key decisions occur or regular reports of financial interests.

Seeking to enter into guardianship over your parent is a difficult step. Before you do so, it would be worth consulting with an attorney to determine just what the process entails.