What is a guardianship and when should it be considered?
Denton, TX Family Law Attorney David S. Bouschor, II talks about a guardianship and when someone should use it.
Phone: (940) 323-1300
In determining whether you need a guardianship, whether it’s for a minor child, for a minor child aging out, for somebody with mental health issues, or for an elderly person, it really comes down to if the individual – and I’ll call them a proposed ward – is unable to exercise the constitutional rights or the abilities that any adult has due to an incapacity. You might need a guardianship. Now, there are less restrictive alternatives, and the State of Texas has, as late as 2015, has passed laws to where the less restrictive alternatives have to be looked at very carefully.
But, for instance, if you have a minor that is left a bunch of money by grandpa and it’s not in a trust, a minor or somebody who’s less than 18 is unable to hold property, and in order to get that property and manage that property, you may need a guardianship. If you have an elderly person who, due to dementia or just age issues, is not making good decisions about turning the stove off or being able to feed themselves, if during their life they did not do powers of attorney or something like that, then you’re going to have to go get a guardianship. If you have a child who has MR issues or is basically not working at a level of an 18 year old when they’re turning 18, you may have to get a guardianship for them so that you can help them to transition into adulthood.
The idea about whether you need a guardianship – quite frankly you need to go to an experienced guardianship attorney and you need to discuss with them what other alternatives you have in place or could be put into place. And guardianships are normally expensive and pretty time consuming, so they want it to be a last resort, but it’s out there as a tool if you need it.