- 713-995-8200
- 713-995-8894
- info@keeverlaw.com
- 713-995-8894
- info@keeverlaw.com
Perhaps you need to consider a guardianship. A guardianship is a court appointment where a person is appointed to act on another’s behalf. The Texas statute requires that the court consider the LEAST intrusive means. There are two parts to a potential guardianship. Perhaps your loved one needs both parts or perhaps they only need some of one part.
This is an order wherein the “guardian” to be appointed will have the rights, duties and obligations to care for the “ward” (your loved one). This includes health, welfare, hygiene, living conditions and daily life activities (dressing, cleaning, feeding). The guardian does not become a babysitter for the loved one, but becomes the person authorized to make the decisions for the loved one. Can the loved one remain at home if he or she had full time care within their home? Or, does the loved one just need assistance with cooking meals but is capable of dressing and washing themselves?
This is an order wherein the guardian appointed has the rights and responsibilities for management of income and payment of bills. This person is also responsible for investment of funds (very conservatively) to increase the ward’s funds.
Persons appointed by the courts as a Guardian must file annual reports on the location, welfare and status of the Ward as well as a separate report on the status of the Ward’s accounts. The Estate report must show all credits and each and every debit every year.
Think about it!!!! Who would care for you physically? Who is able to make “the hard decisions”? Who is money-savvy and can invest wisely and conservatively and not cause you to become bankrupt? But YOU have to write down your wants and desires and let people know. You can also disqualify a person from any of these jobs.
The basics of guardianship is that the courts who grant a guardianship are taking away personal and constitutional rights. They will not do so lightly. Typically the requirement is that the person over whom a guardianship is granted is unable (physically or due to disability) to handle the activities of daily living and care for themselves.
– My friend is not taking her medication (has mental issues).
– My sister is not paying her bills.
– My child has mental disabilities and is turning 18.
Mental issues is a tough analysis and will depend on what the doctors indicate relating to the diagnosis and abilities. Is it a mental disability or a medical issue? Is it alcohol or medication related? Is it continuous and on-going and debilitating?
The appointed guardians of the person are responsible for the care, concern, and living conditions. An appointed guardian for the estate is responsible for payment of bills, investing funds and accounting for each and every penny received and spent.
What the courts consider an emergency is probably not what you consider an emergency. Are there extenuating life-altering circumstances? The court can expedite a hearing and appoint a TEMPORARY GUARDIAN for a period of 60 days while the permanent guardianship works its way through the system, but there are still fundamentals that must be met even for a temporary guardianship.
