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Guardianships: Caring For Loved Ones Or Protecting Yourself

Guardianship is the court-supervised legal process whereby a qualified individual is appointed by the court to serve as guardian and assumes the responsibilities of making any combination of informed medical and/or financial decisions on behalf of an individual who has been deemed incapacitated by the court (ward). The scope of a guardianship is set forth in the court’s order.

I am estate planning lawyer Casey Cook, and I understand that this can be a difficult time for your family, especially if the guardianship is contested. These cases can be sensitive and require an attorney with the knowledge and compassion to see them through. With my elder law experience, I am thoroughly familiar with the guardianship process in Texas and will answer all your questions and address your concerns. My experienced staff will also help make sure your case proceeds as smoothly as possible.

What Are Guardianships In Texas?

According to the Office of the Texas Governor: “Guardianship provides for the person’s care and management of their money while preserving, to the largest extent possible, that person’s independence and right to make decisions affecting their life.”

A guardianship will require submission of ongoing reports to the court regarding the financial and medical status of the ward. This can be a considerable task to manage.

Guardianships may be full or limited. They cover guardianship of the person, like the ward’s health, shelter and related issues. They also cover guardianship of the estate, such as the ward’s finances, property and other assets. There may be a guardian for each type, or one person can be a guardian for the estate and person.

Preventing The Need For Guardianships

The use of certain types of trusts or powers of attorney may alleviate the necessity of a guardianship. If you already have these legal instruments in place, you will be taken care of by the person or persons you appointed as your trustee or entrusted with your powers of attorney. This can save significant time, resources and heartache for your loved ones if you become incapacitated.

I Can Help In Either Situation

Whether it is an emergency or you are planning ahead, you can come to My Texas Estate Plan, PLLC, in Tyler for help. Please call me at 903-561-8644 or fill out a short online form today. I represent individuals and families across East Texas.