A guardian handles specified matters for people who are unable to manage their own affairs. Determining whether someone requires a guardian and, if so, what their responsibilities should be is legally complicated.
Understanding the unique aspects of guardianship in Sugar Land is critical when you are considering whether a loved one needs a guardian. Contact the experienced guardianship attorneys at Romano & Sumner for help with this complex issue.
A person who requires the services of a guardian is called a ward. Wards can be children or adults.
Guardianship is handled through Courts that exercise Probate Jurisdiction. A Judge will not appoint a guardian unless there is clear and convincing evidence that the proposed ward is incapacitated. A Sugar Land attorney familiar with the unique aspects of guardianship can review a specific situation and advise on the type and quality of evidence necessary to establish that a proposed ward requires a guardian.
Adult guardianship deprives a ward of certain fundamental rights and allows another person to exercise those rights. The law acknowledges that some situations require limiting an adult’s rights for the adult’s protection, but it sets a high bar for proving that guardianship is necessary.
Various forms of guardianship apply to different situations. A guardian of the person can make decisions about the healthcare they receive and where they live. A guardian of the estate can manage a ward’s finances. A guardian could have responsibilities for both the person and the estate if a court finds it necessary.
However, a judge will limit a guardian’s authority to the extent consistent with the ward’s well-being. Texas Estate Code §1001.001 requires judges to tailor guardianships to the ward’s capabilities, allowing the ward as much autonomy and independence as their condition allows. A Sugar Land lawyer who understands the unique aspects of guardianship could help a prospective guardian or proposed ward craft compelling arguments about the ward’s capacity to ensure they are protected and their rights respected.
Guardianship is a drastic measure. When an adult retains some capacity to manage their affairs, there are less restrictive alternatives they and their family could explore.
Powers of attorney (POA) allow someone to designate another trusted person to act as their agent and make financial or medical decisions when necessary. A POA must be created when a person has the capacity to make decisions and does not go into effect until the person becomes incapacitated.
This document’s formal name is Directive to Physicians and Family or Surrogates. It allows a person to specify the types of medical care they do or do not want in advance. It is a stand-alone document but can offer guidance to the agent named in a medical power of attorney.
A supported decision-making agreement allows a disabled person to designate a person of their choice (the supporter) to assist them in making decisions. The supporter does not make the decisions. Their role is to explore options regarding a particular issue, explain them, and help a disabled person communicate their decision.
A supported decision-making agreement must be written and signed by both parties. A Sugar Land attorney experienced with the unique aspects of guardianship could draft an agreement and ensure that all legal requirements are observed so that the agreement is enforceable.
If you are concerned about what will happen if you become incapacitated, or if you have a loved one who needs help, explore guardianship and its alternatives. Schedule a free consultation with an attorney to discuss the unique aspects of guardianship in Sugar Land today.
Romano & Sumner, PLLC
