If your circumstances cause you to wonder “how to appoint a legal guardian?” call the BB Law Group PLLC. We assist families with all types of guardianship issues and strive to help protect their loved ones through guardianship. Whether for an aging parent, incapacitated family member, or minor child, we are here to guide you through the process.
What Is a Legal Guardian?
A Texas court establishes guardianship as a legal relationship by appointing one individual, the “guardian,” to care for an incapacitated person, “the ward.” Under Texas law, an incapacitated person is a minor or an adult who is unable to provide for themselves, care for themselves, or manage their financial affairs. A court will determine that an adult is incapacitated if they cannot take care of their physical health and hygiene or manage their finances.
The law authorizes a legal guardian to act on behalf of a minor or an incapacitated adult, ensuring that the guardian meets their health, safety, and welfare needs while protecting their rights. A guardian makes legal decisions on behalf of the ward. However, it is best to involve the ward in certain decisions if their mental abilities permit it.
How Long Does Legal Guardianship Last?
Once a court appoints a guardian, the guardianship often becomes permanent. However, the court can modify or terminate a guardianship if circumstances change, such as the degree of incapacity of the ward.
Can A Guardian Sign Legal Documents?
Yes, a guardian signs legal documents on behalf of the ward. Due to the ward’s incapacity and the removal of their right to manage their affairs through guardianship, the guardian is responsible for signing legal documents on behalf of the ward. When signing legal documents, the guardian will note they are signing for and on behalf of the ward as “guardian.” The guardian must consent to necessary medical treatment for the ward once the guardianship is in place. Because of the extent of authority a guardian has over the ward concerning medical and financial decisions, a guardian must act in the ward’s best interests.
How Old Is a Legal Guardian?
To be a guardian, you must be at least 18 years old. However, age is only a minimum requirement. To qualify as a guardian, the individual must also have “standing,” specifically some familial relationship with the proposed ward, such as a spouse, family member, or adult child. The court can appoint a non-family member as guardian if deemed appropriate.
What Rights Do Legal Guardians Have?
The rights legal guardians have in Texas depend on the type of guardianship that is established:
- Guardian of the person (full or limited) – The guardian is responsible for the ward’s care, supervision, and provision of food, clothing, and shelter. They are also responsible for the ward’s medical treatment.
- Guardian of the estate (full or limited) – The guardian is appointed to manage the property and financial affairs of the ward.
- Guardian of the person and estate – The court appoints the guardian to handle the ward’s care and manage their property.
- Temporary/emergency guardian—The court may appoint a temporary guardian with authority over the ward and their property.
A guardian will pay the ward’s bills, manage their personal property, arrange where they will live, and make their medical decisions. Given their authority over the ward’s finances, social interactions, and medication decisions, the guardian must be trustworthy and always consider the ward’s best interests.
The guardian has extensive power over the ward to make decisions concerning their everyday life, including personal care, housing, transportation, and even meals. Because of their broad control over the ward, courts encourage legal guardians to work with the individual to make joint decisions when possible. Your attorney may advise you that a Power of Attorney or living will be a better alternative to establishing guardianship since these documents would reflect the individual’s wishes for their medical decisions. Such decisions would then not be at the sole discretion of the guardian.
Call Today If You Are Considering Guardianship
At the BB Law Group PLLC, we understand that pursuing guardianship, while necessary, may be an emotional and difficult experience. We are committed to helping families in their time of need and are here to answer any questions you have about establishing guardianship. Let our experienced and knowledgeable Texas family law attorney with a proven track record help you navigate the legal process. Call us today at (832) 534-2589 or contact us online for a confidential evaluation.