If your loved one doesn’t have someone appointed to act on their behalf, guardianship may be in order. If your loved one is no longer capable of taking care of themselves, the appointment of a guardian is necessary to manage their care.
Understanding Texas Guardianship Appointments
Who will take care of critical health care decisions, including the safest place for your loved one to live? Who will ensure that your loved one’s financial management is most beneficial for their care? Who will care for your minor children if you cannot do so?
In the absence of established or valid powers of attorney, guardianship appointments may become necessary. A guardianship and a conservatorship are similar. The significant difference is a conservatorship deals only with a loved one’s finances. Bromlow Law, PLLC can help you through this emotional process and help ensure your loved one’s physical and financial safety.
Understanding Guardianship for Minor Children in Texas
If you have minor children, it is imperative to consider who would care for them after your death. This person would be the minor’s guardian. A Texas court will ultimately decide who the guardian is, but significant weight is given to whom you nominate for this role.
When making this decision, consider the following:
- Who does the minor already have a relationship with?
- Does the potential guardian have a similar parenting style to yours?
- Does the potential guardian have other minor children?
- Do you have religious concerns or preferences?
- Would your minor child have to relocate far away?
- Would the minor child still have access to other family members?
Understanding Guardianship for Aging Parents in Texas
Accepting guardianship for an aging parent means accepting significant legal responsibility to act and advocate for their care. The duties include a parent’s daily care, medical care, and possibly financial decisions made on their behalf. Many guardians are family members who were previously caregivers, now cast into a formal legal role. At the same time, some are professional guardians appointed to circumvent well-established family conflict and disagreement problems.
An aging loved one’s ability to accept the idea of guardianship on their behalf is an admission that they cannot maintain their independence. It is best to be very clear about the process and not mislead or create unnecessary stress by not fully understanding all involved. Seeking counsel from a Texas elder law attorney at Bromlow Law, PLLC, specializing in guardianship, can protect the process from missteps and make it a smoother transition for all parties involved.
The Value of Working with an Expert Texas Guardianship Attorney
Bromlow Law, PLLC is here to help you and your family understand legal strategies to preserve your legacy. Our family-centric approach can give your family peace of mind that your legacy is protected and legal conflict is avoided.
Laura L. Bromlow is an attorney licensed in Texas and California. She can help you and your loved one understand estate planning, elder law, asset protection planning, guardianship, special needs planning, probate, and trust and estate administration. Laura and her team invite you to contact them to learn how they can help you safeguard your future.