If you have an elderly relative who is losing their mental faculties, you are probably considering the options for their future. You know that they will not be able to make decisions for themselves for much longer. One option you are considering is a guardianship.
In this post, we will go over the main points that you should know about establishing a guardianship for a senior citizen in Texas. By the end of the post, you will have a better idea of whether it is the right choice for your loved one.
What is a guardianship?
A guardianship is a legal arrangement that you can establish for someone who can no longer manage their legal, financial or daily affairs. The person under the guardianship is a ward. The guardian is responsible for the care of the ward.
The tasks of a guardian may include:
- Making medical decisions
- Signing legal documents
- Managing care and therapy
- Paying taxes, debts and bills
The goal of a guardianship is to protect the best interests of the ward and to ensure that their basic needs are met.
How to file a guardianship
Every guardianship involving an elderly person is unique. Though every case will progress differently, there are a few basic steps to follow:
- File a petition for guardianship with the court
- Serve the potential ward with the documents
- Attend a court hearing before a judge
- Receive the court’s decision
However, establishing a guardianship is rarely easy. The process is a complex administrative procedure in even the simplest of cases. Other cases may see many complications, including challenges to the guardianship from the proposed ward or other people who dispute the terms of the guardianship. To establish a guardianship, it is often necessary to consult an attorney who has experience in this field.