Decatur Family Law and Probate Attorney

Does accepting guardianship mean moving my loved one in?

On Behalf of | Sep 19, 2024 | guardianships

Many believe accepting guardianship automatically means sharing a home with their ward, usually a loved one. While this living arrangement has potential benefits, Texas law does not explicitly require guardians to live with their wards.

A guardian’s primary responsibility is to make sure that their ward receives proper care, which is achievable through various living arrangements.

Choosing the best living arrangement is crucial

Living arrangements should suit the needs and circumstances of the ward and the guardian. Common scenarios include:

  • The ward continues living in their own home, with the guardian providing support and oversight.
  • The ward lives in a specialized care facility, such as an assisted living center or a nursing home.
  • The ward moves in with the guardian, if both parties agree and it is in the ward’s best interest.

When choosing the best living arrangement, you need to consider the age and physical and mental health of your loved one. Are there available resources and services in the area? Is cohabitation a practical or necessary arrangement? When possible, you can ask them where they wish to live.

In some cases, the most effective way to address a ward’s needs is by having them live with the guardian, especially if they require significant assistance with daily living activities.

Ultimately, the court often makes a decision based on what is best for the ward.  If the court determines that residing with the guardian is essential, you must adequately prepare to meet their care needs effectively.

Duties beyond living arrangements

A guardian’s role goes beyond securing a safe living environment. They are also responsible for making important decisions about their ward’s health, finances and overall well-being. This significant task requires careful planning and consideration.

When setting up guardianship, it is advisable to work with a legal professional. This will ensure you fulfill your legal obligations and provide the best possible care for your loved one.