A Guardian Of The Person Is An Important Advocate In Someone’s Life
When someone is unable to make appropriate personal and healthcare decisions for themselves, a Court may appoint a Guardian of the Person. As the title implies, a Guardian of someone’s person is appointed to make medical decisions for someone who is incapable of properly making those decisions for themselves.
A guardian of someone’s person generally has authority to make decisions regarding healthcare treatment, the residence for the incapacitated person, visitation schedules with family and friends, decisions regarding marriage, and the like. Many times, these decisions will be impacted by the extent of the incapacity. For instance, if someone is paralyzed and unable to provide care for themselves, but otherwise mentally competent, then a guardian would involve the person in the decision-making. Conversely, if the incapacitated person was comatose and unable to communicate, the guardian would make decisions alone.
When the Court considers creating a guardianship for someone, the Court will always look to whether or not alternatives exist that would eliminate the need to create the guardianship. If such alternatives exist and can be employed to care for the incapacitated person, then the Court will defer to those alternatives instead of appointing a guardian.
For more information related to guardianship, contact Ford + Bergner LLP at our offices in Houston, Dallas or Austin. Call 713-352-0937 or send an email to make an appointment with an attorney.