If you have an aging parent or family member who is incapacitated or if you have a disabled child with special needs who is becoming and adult, Bacarisse Law will assist you in establishing a guardianship.

Guardianships and Special Needs Planning

If you have an aging parent or family member who is incapacitated or if you have a disabled child with special needs who is becoming and adult, Bacarisse Law will assist you in establishing a guardianship.

Guardianship is a legal process designed to protect vulnerable persons from abuse, neglect (including self-neglect), and exploitation. Guardianship provides for the person’s care and management of his or her money while preserving, to the largest extent possible, that person’s independence and right to make decisions affecting his or her life.

Guardianships are created for a variety of different reasons. People become incapacitated due to disease, injury, or developmental disability. No matter what the cause, the decision to seek guardianship is often painful and difficult for the alleged incapacitated person and his or her family members.

When is a guardianship necessary?

A Guardian is appointed to protect the interests of a person who has become mentally or physically incapacitated or disabled and is no longer able to manage his or her financial affairs or activities of daily living. A person who has a guardian appointed to protect their interests is known as the “Ward.” There are two types of guardianship; guardian of the person, and guardian of the estate. The guardian of the person will make living and medical decisions on behalf of the Ward and the guardian of the estate handles financial matters for the Ward.

If you have a disabled child who has special needs, you are considered the natural guardian of your child. However, once your disabled child becomes an adult, you will need to be appointed as the legal guardian to be legally authorized to make decisions on your adult child’s behalf.

Often, elderly family members who have dementia or Alzheimer’s disease can no longer handle their personal affairs or they may be vulnerable to financial exploitation. In this instance, a legal guardian may be necessary to protect the elderly person’s interests.

Avoid Guardianship proceedings / Alternatives to Guardianship

Although a guardianship is often necessary to protect the interests of a person who has become incapacitated, the best situation is for each individual to have properly drafted “advance directives” such as a statutory durable power of attorney, naming an agent to handle their financial affairs, and a medical power of attorney, designating an agent to make medical decisions. As a person ages and possibly experiences dementia or needs assistance with medical and financial matters, their agent can act under the power of attorney, as a less restrictive alternative to a guardianship.

Powers of attorney or “advance directives” must be signed at a time when the individual has legal capacity to execute the documents and cannot be signed once their mental capacity is in question.

Everyone should have advance directives in place to designate an agent to make decisions on their behalf to be prepared for possible later incapacity. A durable power of attorney and medical power of attorney, may allow you to avoid the necessity of guardianship proceedings in the future.

Put our knowledge of Texas Guardianships to work for you

At Bacarisse Law, we pride ourselves on offering outstanding, individualized legal service in all aspects of estate planning and probate administration. Our law firm is dedicated to being responsive and committed to help you achieve the goals and results you want and need.

To speak with our Houston guardianship attorneys who can guide you through this process, call (713) 623-1029 or contact us online today.