Designate a guardian.
If an elderly parent or a relative with special needs seems unable to make decisions, handle money responsibly, or care for themselves in basic ways, you may want to consider seeking a guardianship to assist them with necessary decision-making. A guardianship designates someone as the guardian of an estate or person after a hearing on facts related to that person’s specific situation.
Some of the situations that might merit guardianship:
- Elderly family member incapacitated by dementia
- Any family member incapacitated by a brain injury or medical condition that affects mental function
- An individual with special needs that prevent them from being able to make decisions for themself, despite being legally old enough to do so.
The legal process of obtaining a guardianship can be complex but is well worth the effort. This useful estate planning tool will ultimately give you the ability to make the best possible decisions for someone under your care even after your passing. Lovelace Law, P.C. is here to help.
How an elder law attorney can help
Because guardianships take away a lot of rights, courts sometimes prefer other alternatives we can discuss:
- Medical Powers of Attorney
- Statutory durable Powers of Attorney
- Execution of declaration for mental health treatment
- Appointment of a rep to pay public benefits
- Establishment of a joint bank account
- Creation of a management or special needs trust (may be used if a large sum of money is involved)
- Designation of guardian before the need arises
- Establishing other forms of decision making based on the person
Contact us to arrange your free initial consultation. Jennifer Lovelace is certified by the State Bar of Texas to file an application on behalf of a prospective guardian – something that not just any attorney can do.
Contact Lovelace Law, P.C. today with any questions you may have about guardianships. Your initial consultation with our attorneys is free of charge. Call us at 817-953-9656.