Adult guardianship is necessary in a variety of different scenarios. Parents sometimes request adult guardianship when a child with special needs turns 18 and ages out of traditional support. Family members and even professional caregivers may request guardianship in situations where previously independent adults develop serious illnesses or incur major injuries that affect their independence.
Guardianship is a legal arrangement in which the courts appoint a competent adult to serve as the guardian of a vulnerable individual or ward. The courts in Texas may grant two different types of guardianship depending on the circumstances.
Guardianship of the person
Most people think of guardianship of an individual when discussing adult guardianship. The guardian secures authority that allows them to make decisions about the daily life of a vulnerable person.
That authority permits them to make medical appointments and handle the basic daily needs of a vulnerable person. The guardian technically has a responsibility to meet the ward’s needs by ensuring they have housing, nutrition and other basic amenities necessary for a safe and comfortable life.
Guardianship of the estate
Frequently, guardianship becomes necessary because individuals cannot handle their own finances. They may fail to pay their mortgages or otherwise mismanage their assets. Guardianship of the estate is a form of authority sometimes referred to conservatorship in other jurisdictions.
Guardianship of the estate allows one person the authority to manage the assets and financial obligations of another. A guardian with control over someone’s estate can sell their property to pay their debts or make decisions about how to use their resources to ensure their comfort as they continue to age.
In some cases, guardians require control over both the estate and an individual. Other times, limited support is necessary for an individual’s protection. Understanding the types of adult guardianship available can help those trying to build a case to seek the authority necessary to protect a loved one.
The Texas courts can grant one person the authority to handle the daily life and resources of another under certain circumstances. Concerned parties generally need to learn more about the process of obtaining guardianship and what obligations they may have after obtaining one before acting, however.
