Guardianship | gilkeslawfirm.com

Guardianship Declarations: They’re Not Just to Protect Your Children

How far in advance have you planned for the care and security of yourself, your children, or an elderly family member in the event of an emergency? Guardianship ensures that you and your loved ones are cared for by someone who respects you and has your best interests at heart when you aren’t able to care for yourself.

Guardianship Declarations are when one person is given the legal right to make decisions for another person who has been declared incapacitated and cannot care for themselves (commonly called the “ward”). Wards are most often children, elderly persons, or persons with severe medical issues. The guardian has the power to determine what medical care is given to the ward, where the ward lives, who can visit the ward, etc. There are two types of guardianships; a Guardian of the Person (who does all of the above) or a Guardian of the Estate (who manages the ward’s finances).

Guardianship Declarations are most commonly filled out by parents who want to name the person who will care for their children in the event the parents themselves are no longer around. In Texas, a parent may appoint a guardian for a minor by executing a written declaration.

Are guardians just for protecting your children? No, they can also be for the protection of yourself or your estate. You can execute a Declaration of Guardian to name who you want to care for you in the event you become unable to care for yourself. (When filling out the form, you can also name who you do not want to serve as your guardian—the courts usually abide by this without question. This is a good option if you have a close relative who may not have your best interests at heart). Having a Declaration of Guardian minimizes court intervention regarding the appointment of a guardian.

When you choose a guardian, you can also declare an Alternate Guardian to be appointed if the first guardian is unable to care for you. It is important to have a contingency plan, as life changes and the person you initially choose may not be able to serve as your guardian several years from now. Remember that whoever you declare guardian over yourself or your child is dedicating a great deal of time and resources to care for your best interests so choose carefully. As always, feel free to contact The Gilkes Law Firm for advice on who to choose as your guardian, crafting the Guardianship Declaration, and completing any additional legal paperwork.

The Ins & Outs of Guardianships

Are your parents or another loved one getting forgetful? Are they unable to care for themselves or manage their own finances? Have they been diagnosed with Alzheimer’s or Dementia? If so, then it may be time for you to consider Guardianship.

A guardian is a court-appointed individual who is responsible for making personal and financial decisions for an incapacitated individual who can no longer take care of their personal well-being or manage their financial affairs. The person who is given a guardian is often called a Ward. The guardian decides everything from where the ward lives to what medical procedures will be administered. A guardianship is generally necessary when there is no power of attorney in place or some other provision to allow an agent to make decisions for the incapacitated person.

Once a guardianship is put in place, the ward loses all of their personal rights including the right to drive, vote, marry, and enter into a contract. Guardianships can also be somewhat invasive. Each year the guardian must supply an updated report to the court detailing the ward’s current status. The court also sends an investigator out each year to meet with the ward and evaluate his/her conditions.

The guardianship process can be somewhat costly, depending on the circumstances. There are filing fees due to the court and doctor’s fees for the evaluation of the proposed ward. If there is enough money in the estate to cover the costs, the Judge will order the costs to be paid by the Ward’s estate. The individual seeking to be appointed as guardian will also need to hire an attorney to act on his or her behalf throughout the guardianship process.

The primary goal of a guardianship is to make sure an incapacitated person is properly cared for. If you are in a situation where a loved one is in need of assistance, you should start the process right away. It can be anywhere from two to six months to finalize a guardianship, barring any complications.

For more information on guardianships or viable alternatives, feel free to give me a call. I’d be more than happy to answer any questions you may have and guide you through the process of ensuring your loved one’s safety and security.