Spring, TX estate planning & probate attorney Christine Butts explains when one should think about establishing a guardianship. She explains that there are typically two situations that often lead to the establishment of a guardianship. The first, and perhaps most common, involves a differently-abled child who has cognitive or decision-making challenges. When these children turn 18, parents are often advised—by a doctor or school—that establishing a guardianship is necessary. This allows the parents to make decisions on behalf of their adult child and provides protection, ensuring the child is not expected to navigate significant life decisions alone. In these cases, a guardianship of the person is usually established, giving the parents authority to make choices regarding major purchases, healthcare, or even marital decisions when appropriate.

The second situation arises when an adult becomes incapacitated due to a degenerative illness such as dementia or Alzheimer’s disease. When cognitive decline prevents the individual from making important decisions independently, family members typically petition the court to establish a guardianship. In these cases, a child or other close relative often serves as the guardian of the person, and sometimes also as the guardian of the estate, managing financial and personal matters for the adult.

In both scenarios, she emphasizes, guardianships exist to protect and support individuals who cannot fully care for themselves, ensuring their best interests are represented and their needs are met.