Are There Alternatives To Guardianship?
Whether it is of a minor child or an adult with an illness or disability that allows them to no longer take care of themselves, filing for guardianship will give someone legal authority to manage their affairs. However, guardianship can be undesirable from both sides. The ward may not wish to lose their full legal authority to someone else, and the guardian themselves may not also want to have to deal with the responsibilities and court appearances involved with being a guardian.
Recognizing these issues, the Texas Legislature created new requirements a few years ago that require Courts and parties to consider whether appropriate alternatives exist to avoid the necessity to create a guardianship. Before any guardian can be appointed, the Court must consider the feasibility of these alternatives. Examples of alternatives include:
- Financial Power of Attorney
- Medical Power of Attorney
- Revocable Living Trusts created by the incapacitated person
- Joint Bank Accounts
- Testamentary Trusts created for the incapacitated person
- Any many others
Do you have a family member or friend who is getting to an age where you may need to consider guardianship or one of the many alternatives? Contact us today to let us help you by calling 713-352-0937.