Guardianship Basics
Age, disease or accident may rob a person of the ability to care for one’s own personal or financial needs. Texas law prescribes a method by which a guardian can manage that person’s affairs under the supervision of the Court. This is a legal action of last resort when other methods like a power of attorney, trust or joint accounts fail. It may also be used when family members or third parties will not accept the powers of other legal documents.
A guardian is appointed through a court proceeding and legally stands in the shoes of the person under disability, the Ward. Once appointed, the guardian holds the same rights and responsibilities as the Ward. The guardian is not personally responsible but only as the agent of the Ward.
Limited or General.
A guardianship may be a general or limited guardianship depending on the severity of the disability. The law states the court may only award the powers that are necessary to a guardian.
Person and Estate.
A guardianship may be of the person, meaning that the guardian manages the personal affairs of the Ward, or of the estate, meaning that the guardian manages the financial affairs. Often times, the guardianship is of both the person and estate.
Temporary Guardianship
A temporary Guardianship may be sought when there is a danger to the person or the estate of a person. It is an emergency action. The Temporary Guardian will only be granted the powers necessary to protect someone’s person or estate. These are extraordinary measures and take place in a very short time period.
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