What Are the Basic Elements of Guardianship in Texas?

 Posted on September 14, 2023 in Family Law

You may have an adult in your family who is not capable of taking care of himself properly. This person might be unable to keep up with his basic hygiene or even dress and feed himself. He may not be competent enough to make major decisions. If this sounds familiar to you, a guardianship arrangement could be of real value to you and your loved one. 

While this route may be the best approach for your loved one, you may have questions and concerns about the process. That is where a qualified lawyer comes in. Here at Daniel R. Bacalis, P.C., we are here to provide the information and representation you need to feel confident and secure in the guardianship process. 

How is a Guardianship Defined in Texas? 

Guardianship is a legal arrangement meant to protect someone who is vulnerable. Because this person cannot care for himself, guardianship protects him against abuse or neglect. Instead of being independent, the person under guardianship will have certain factors in his life - often including financial and health decisions - managed by an appointed person.

Why Would Someone Need Guardianship?

There are several situations in which the need for guardianship can arise. Some people may be born with a disability and an aging parent can no longer care for them. Another reason can be that a person becomes seriously ill and is no longer able to manage their day-to-day activities.

What Specific Areas Fall Under Guardianship?

To have a guardian appointed to them, a person must lack the ability to function in certain crucial areas on his own. Here are categories in which a court will review to determine if this is the case:

• Food or shelter: Someone who cannot provide these necessities for himself may need a guardian who can help them find somewhere safe to live

• Financial decision-making: An individual who is unable to manage his money on his own may need a guardian to manage his financial affairs for him

• Managing health: A person who cannot take care of hygiene or his mental or physical well-being, or who may be too ill or intellectually disabled to make important medical decisions for himself, may need a guardian to make these decisions for him

Schedule a Meeting with a Hurst, TX Family Law Attorney

Even if you have hopes for the best quality care, securing a guardian for a loved one can seem quite daunting. Given your situation, you may feel that you do not have a choice in this manner. While this is understandable, we can make tackling the process easier. 

We advise you to contact a Tarrant County, TX family law attorney. You can contact Daniel R. Bacalis, P.C. online or at 817-498-4105 for a free consultation. By offering advice customized to your specific circumstances, we have the potential to significantly improve your situation.