Two Types of Guardianships for Elders in Texas

 Posted on June 26, 2023 in Estate Planning

Realizing that your elderly loved one is in need of a guardian to properly manage their personal and/or financial affairs is rarely easy. In many cases, guardianship may be sought for an aging parent or another elderly family member. While you may feel like you are taking away your loved one’s independence, the truth is that their age-related incapacity has likely already done that. Establishing guardianship is often the kindest and most caring thing you can do for an elder who has lost the ability to make important decisions about their own care or cannot fully manage their own finances. 

There are two general types of guardianship - guardianship of the estate and guardianship of the person. If you are a guardian of the person, you will generally be allowed to manage the ward’s personal life and care, while a guardian of the estate will be able to step in and begin managing the elder’s finances. In many cases, the guardian of the estate and the guardian of the person are the same individual, but two different people may fill these roles. An attorney can help you begin the process of establishing guardianship for your loved one. 

What Can a Guardian of the Person Do? 

A guardian of the person is tasked with making important decisions about the care of an incapacitated elder. The guardian of the person may decide where the ward should live while also addressing other issues related to their day-to-day care. In some cases, a guardian may make the choice to move the ward into an assisted living facility or nursing home. 

The guardian of the person generally also manages the ward’s medical care. Elders are often unable to fully understand the medical conditions that affect them, and they may need help making decisions about their care. This responsibility generally falls to the guardian of the person. 

What Can a Guardian of the Estate Do? 

The guardian of the estate is responsible for managing the ward’s assets. This usually involves taking control of the ward’s bank accounts or retirement accounts in order to pay for their care. The guardian of the estate may also choose to sell some of the ward’s property if it is necessary to pay their living expenses.

When elders begin to experience the mental effects of aging, they often lose the ability to make informed and responsible decisions about their finances. This can render many older adults vulnerable to being scammed or goaded into making large donations they cannot afford. If you notice these signs in your elderly loved one, it may be time to consider a guardianship of the estate. 

Contact a San Antonio Guardianship Lawyer 

It is best to work with an attorney when you are ready to pursue guardianship for an elderly loved one. The experienced San Antonio guardianship attorneys at The Law Office of Ryan C. Moe, PLLC can help you through the process. Contact us at 210-861-6000 to arrange a confidential consultation. 

Source:

https://www.hhs.texas.gov/sites/default/files/documents/laws-regulations/legal-information/guardianship/pub395-guardianship.pdf