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Should I Seek Guardianship of My Aging Parent?

 Posted on January 16,2023 in Elder Law

Denton County adult guardianship lawyerTexas law allows an individual to become another person's guardian under certain circumstances. A guardian is someone who is legally responsible for taking care of another person's physical or financial wellbeing. In the case of an aging parent, a guardian may be needed if they are no longer able to make sound decisions on their own or manage their own property.

If your parent is getting older and struggling with cognitive decline or physical health concerns, you may be interested in exploring your legal options. Guardianship is a serious decision, and it is important to understand exactly what the process involves before making any decisions.

Basics of Adult Guardianship in Texas

There are two main types of guardianship in Texas. "Guardianship of the person" gives an individual authority over another person's healthcare. A guardian of the person is responsible for making decisions about medical care and living arrangements.

"Guardianship of the estate" gives an individual authority over another person's financial resources. This type of guardianship involves managing finances, filing taxes, and managing other property on behalf of the ward.

In order to become another adult's guardian, the court will ask for proof of the proposed ward's need for assistance. This could include medical and psychological assessments and other evidence of incapacity. Ultimately, the court must determine that guardianship is the least restrictive option available while still allowing the proposed ward to receive appropriate care. The court will also consider any objections from the proposed ward when determining whether or not to grant guardianship.

How to Know If It Is Time to Request Guardianship

When an elderly parent suffers from Alzheimer's disease, dementia, or other conditions that interfere with daily living, guardianship may be needed to ensure their safety.

It is important to remember that this is a very difficult decision and should not be taken lightly. If your parent can still make sound decisions and manage their own property, you may want to consider other, less restrictive options that allow the parent to maintain a degree of independence. For example, a financial power of attorney or medical power of attorney allow you to make decisions on your parent's behalf if he or she becomes incapacitated.

Contact a Flower Mound Guardianship Lawyer

If you are concerned about your aging parent's ability to care for himself or herself, you may want to look into options like guardianship and power of attorney. Denton County elder law attorney Stephen Colbert has extensive experience in elder law matters including estate planning, guardianship, and probate. He can help you understand your options and take the next steps. Call Colbert Law Group PLLC at972-724-3338 for a confidential consultation.



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