An Introduction To Adult Guardianship

In this article, you can discover…

• What legal guardianship means, and who may benefit from it
• When issues of guardianship should be determined
• How an astute, thorough attorney can help both ward and guardian

 What Does Adult Guardianship Mean In Simple Terms?

Adult guardianship involves an individual who, for reasons of physical handicap, mental handicap, or progressive illness, can not take care of themselves or live independently. Their needs may range from requiring someone to budget or pay bills for them all the way to requiring help with basic hygiene, eating, bathing, and walking. A legal guardian is therefore appointed to care for that adult and handle their affairs.

Who might require guardianship? An adult struggling with dementia, Alzheimer’s, schizophrenia, traumatic brain injury, or other serious conditions may require full-time care to keep themselves safe, clean, fed, provided for, and protected.

What Are The Basic Responsibilities That A Guardian Holds For Their Ward?

The legal guardian becomes the essential caregiver to the proposed ward (the special-needs adult). Once approved by a court, the guardian is put in charge of protecting their interests, protecting their finances, paying their bills, and providing help with day-to-day care.

Prior to guardianship being awarded, an attorney is appointed to represent the interests and well-being of the proposed ward. If guardianship is approved, the court system will require reporting deadlines and paperwork to demonstrate how the ward’s finances are being handled and how the guardian is being compensated for the care provided.

Interacting with Medicare and Medicaid can be complicated, as well, especially if your loved one is placed in a facility. A seasoned guardianship attorney can help you navigate these payments, as well as file all required paperwork, and help you stay on top of reporting deadlines.

Do Legal Guardians Of Adults Provide Informed Medical Consent?

If you have guardianship of an adult, you can’t be appointed medical power of attorney on top of that. Similarly, if you already have power of attorney, this prevents you from also being appointed a guardian.

The simplest way to ensure that a disabled adult is cared for and spoken for is to arrange these matters beforehand with a trusted lawyer as part of estate planning. This helps family members avoid unexpected situations, responsibilities, and financial burdens.

Should you have concerns about guardianship or seek to avoid this legal responsibility in light of other options, discussing these matters with an attorney is best. The sooner you have these conversations, the better prepared you and your family will be.

Am I Obligated To Become A Guardian Of A Family Member If No Other Options Are Available For Them?

No one is legally required to accept the responsibility of guardianship. Many people choose to become legal guardians to aging parents, but this is not required by law.

Discussing options for aging parents or disabled loved ones should be an essential part of estate planning. Allow a practiced and diligent attorney to answer your questions and review all options with you today.

For more information on the Guardianship Process In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (979) 300-6771 today.