It’s never easy to witness the effects of aging, disease, or injury on those close to us. In fact, you may know someone in your family—or a close friend—who cannot take care of themselves and needs help managing their daily affairs. It may be necessary to appoint a guardian to oversee that person’s financial and medical well-being. Whether it's for an adult or a child, my firm, Carl J. Mangine, Attorney at Law, PLLC, can help. Schedule a consultation with me in Schertz, Texas, if you are located in Universal City, Converse, New Braunfels, San Antonio, or any of the surrounding areas.
One way of doing this is the establishment of a guardianship. Despite the growing numbers of guardians across the country, many Americans are not aware of how guardianships truly function. Guardianship can play a vital role in the lives of both minor children and older adults. Before you appoint a guardian in your estate plan or begin acting as a guardian, it is crucial that you understand the legal rights, duties, and responsibilities of guardianship. Consulting with an experienced estate planning attorney is important for proper guidance.
What Is a Guardianship?
Guardianship is the legal term used to indicate the relationship between someone who protects another (the guardian) and the person being protected (the ward). It is a relationship established by Texas law in which a court gives one person or entity the legal authority to make important personal, property, and financial decisions for another person who is unable to make such decisions on their own. Guardianships may be used in any of the following situations:
- Guardianship of a minor child
- Guardianship of an incapacitated adult
- Guardianship of a developmentally disabled adult
Furthermore, there are two kinds of guardianship in the state of Texas: guardian of the person, and guardian of the estate.
A guardian of the person has control over the ward’s personal matters, such as housing, medical, and educational decisions.
A guardian of the estate has control over the ward’s property and finances.
A court may appoint someone to be both guardian of the person and of the estate. For more information about what it means to be a guardian, or what it means to be a ward, contact me today.