At McCulloch & Miller, we handle everything from estate planning to trust administration, from special needs planning to elder law. One area we are proud to specialize in is guardianship, which is the legal process that takes place when an individual can no longer make competent decisions independently. When a court decides that an individual needs a legal guardian, that guardian takes over the individual’s personal finances and affairs, serving in a comprehensive and holistic role. Guardianship is a complicated process, and today we review some basics to help you understand a few of the most common guardianship issues under Texas law.
Issue 1: Knowing When to Appoint a Guardian
It can be very murky for a court to decide when a person needs a guardian. In general, the court will require a thorough exam that draws a conclusion as to whether the individual has a medical condition prohibiting him or her from functioning at high mental capacity. The standard for guardianship appointment is generally high; courts do not want to appoint a guardian for someone that might not need one. For example, if a person makes decisions that are unsound or that his relatives disagree with, that does not necessarily mean the person needs a guardian. Instead, courts often appoint guardians when a person suffers from dementia or has fallen into a coma. It can sometimes be difficult to decipher when a guardian might be needed, especially because the process inherently means the person’s freedom will be extremely limited as a result.
Issue 2: Choosing a Guardian
Choosing a guardian can be tough. In many circumstances, courts prefer a family member; however, professional guardians can also be appointed. At McCulloch & Miller, we help draft what is called a “Declaration of Guardian,” which is a legal document that clients can put into their estate planning documents in preparation for the possibility of guardianship.
Issue 3: Expenses
Guardianship, when the guardian charges money, can be a very costly process. It can take a toll on families and should not be entered into lightly. At the end of the day, if you have questions about whether guardianship might be right for a loved one, we recommend that you speak to a Houston elder law attorney that can walk you through the various options and advise you on the possible difficulties that could arise.
Call a Houston Elder Law Attorney Today
When thinking through possible legal issues that affect your future, you shouldn’t settle for any team of attorneys but the best. If you or your loved one needs an experienced Houston elder law attorney in your corner, give us a call at McCulloch & Miller. We have decades of experience serving clients in our Houston community, and we are well-poised to earn your trust as your legal representatives. If you would like to set up a consultation with one of our Houston estate planning attorneys at McCulloch & Miller, call us today at 713-936-9073. You can also fill out our online form to tell us about yourself and have a member of our team contact you as soon as possible.