There is an assumption that adults are competent to manage their own affairs. Once someone turns 18, they have total control over their financial resources and medical decisions. While they may still rely on family members, like a parent, those outside parties no longer have control over someone’s life or access to their resources.
Occasionally, someone who is technically an adult does not have the ability to properly manage their daily life or their personal assets. Family members and other concerned adults may start to wonder if they can intervene to protect someone from their own mistakes or oversights. Someone experiencing cognitive decline or struggling with lifelong disabilities may not be able to properly manage their resources and meet their financial obligations.
Other people can sometimes intervene to protect someone from themselves. The Texas probate courts can help by granting them certain forms of authority. Is an adult conservatorship an option for concerned individuals in Texas?
Texas conservatorship is only for children
The laws about parental responsibility and third-party oversight for adults differ from state to state. In many states, guardianship refers to control over a person and responsibility for their daily life. Conservatorship, on the other hand, involves a different adult taking responsibility for the management of someone’s financial resources and obligations.
Texas does sometimes grant conservatorship in scenarios involving children. However, adult conservatorships are not an option in Texas. Those seeking to protect a vulnerable adult’s resources will instead need to pursue guardianship. Guardianship of someone’s estate is essentially the equivalent of conservatorship in other states. The courts can grant someone the authority needed to manage their finances.
When someone has proven that they cannot pay their bills and otherwise manage their resources and responsibilities, they may require the support of another concerned individual to protect them from indigence. Someone with guardianship responsibilities in Texas can help preserve someone’s resources to ensure that they have financial assets to improve their quality of life for as long as possible.
Generally, those seeking guardianship in Texas need evidence that someone cannot manage their own affairs. Understanding the rules that apply in cases involving incapacitated adults may benefit those concerned about someone with a debilitating condition.