Decatur Family Law and Probate Attorney

When would I need to consider getting a guardianship?

On Behalf of | Jun 26, 2023 | guardianships

Any Wise County resident who has a loved one who cannot fully take care of themselves may have to consider getting a guardianship for them.

Texans usually have to seek out a guardianship if their loved one is a minor child or is an adult but has special needs that prevent them from caring for themselves. Frequently, children have to seek a guardianship for their aging parents.

In a nutshell, a guardianship is legal authority that gives a person the right to make decisions and provide for the care of another person.

Sometimes, there are alternatives to a guardianship. For example, many Texans have created advanced directives, which should give others the power they need to make decisions.

How do I go about getting a guardianship?

A person who wants a guardianship will have to file the proper case in court along with any required paperwork.

A guardianship is a formal legal proceeding. The person asking for the guardianship will have to prove their case. They will have to prove both that a guardianship is necessary and that they, or the person nominated, should be the guardian.

Others who might be interested will get notice of the case, and they will have the opportunity to object. On this point, if someone is asking for guardianship over an adult, the adult will have the chance to explain why they do not think a guardianship is necessary.

Will there be ongoing responsibilities if I am appointed as guardian?

A person appointed guardian will have the ability to make decisions for the person they wish to protect. They will only have the power the court gives them, and they must exercise their power to serve their loved one’s best interests.

They will have to give periodic financial and other reports, and the court can always reconsider its decisions, including its decision to appoint a guardian in the first place.

Guardianships are complicated legal proceedings. Some involved in a guardianship should make sure they understand their rights and responsibilities.