Spring, TX estate planning & probate attorney Christine Butts explains what a guardian is. She observes that there are generally two situations that often lead to the establishment of a guardianship. The first, and perhaps most common, involves a differently-abled child who experiences cognitive or decision-making challenges. When these children turn 18, parents are frequently advised—either by doctors or schools—that a guardianship may be necessary. This allows the parents to make important decisions on behalf of their adult child, ensuring that the child is protected and supported. In these cases, a guardianship of the person is often established, giving parents the authority to manage decisions such as major purchases or other significant life choices that the child may not be able to navigate independently.

The second situation arises when an adult becomes incapacitated due to a degenerative illness, such as dementia or Alzheimer’s disease. In these cases, the individual’s cognitive abilities decline to the point where they are unable to make important decisions for themselves. Family members often petition the court to establish a guardianship for the adult, ensuring their safety and well-being. Typically, a child or other close family member may serve as the guardian of the person, and in some cases, also as the guardian of the estate, managing the individual’s financial affairs.

In both scenarios, she emphasizes, guardianships exist to provide protection, support, and guidance for those who cannot fully care for themselves, while ensuring their best interests are represented.