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November 19, 2019 by admin

Guardianship Law

 

Change is inevitable throughout life, and these changes may result in unfortunate trauma, financial burden, or even physical disability. Because of this, some adults may end up needing a guardian. 

 

Guardianship for Adults

A guardian is a legal relationship established by the court system to connect a guardian who will care for their respective ward. “Ward” and “guardian” are legal terms to describe the person who is in need of help and the caretaker, respectively. Some guardianships result from long-term disabilities, while others come from a recent traumatic event that has changed that person’s life. Once appointed, guardians take legal responsibility for their wards and must assist them with daily activities. Courts will appoint the level of legal responsibility that the guardian will take. Some of the responsibilities that guardians will assist with include paying bills, protecting their ward’s financial prospects, and making sure his or her medical needs are cared for. On the other hand, a guardian may not prevent their ward from making decisions, regardless of the ramifications. Guardians are not responsible for any bad decisions their wards make, but may not forcefully take action for the ward. Alternatives are available for guardianship that allow for the person to be cared for to retain more rights. If the individual who needs help needs financial assistance, then a joint bank account may assist them more. 

Guardianship for Minors

In addition to guardianship for adults, guardianship for minors may also be filed for. The invention of guardianship for a minor is to protect them from any harm or neglect that they may endure. This may include physically caring for the child, as well as managing their money. The process of being appointed as the guardian of a minor begins with filing an application as the interested party. This application must be filed in the county that the minor resides in. The application usually includes detailed information about the minor, as well as the interested party. Before being appointed as the guardian in Texas, one requires a hearing where proof must be presented that the minor is in need of a guardian. The court may deny your application due to other convictions that will render the applicant ineligible. 

 

Guardianship is a major life decision and includes immense responsibility that can come with more than a caretaker can expect. Whether it be taking care of a child or adult becoming a guardian must be seriously reflected upon. Talk to a guardianship attorney, like a guardianship attorney in Arlington, TX, for more information. 

 

Thanks to Brandy Austin Law Firm, PLLC, for their insight into guardianship law. 

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