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Two Types of Guardianships for Elders in Texas
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.
Can Guardianship Be Established Against the Will of an Elderly Person?
Taking care of an aging parent or loved one can be a challenging experience, especially if the person is no longer fully capable of caring for themselves or making informed decisions about their health or finances. In these cases, family members may wish to establish guardianship for an elderly loved one. The legal guardian of an elder will have the right to make decisions for them and the responsibility to provide the necessary care and assistance.
While guardianship may appear to be the best solution in certain situations, establishing guardianship can be a complex process, especially if an elderly person does not wish to give up their right to control their life or manage their own affairs. In these situations, family members may need to determine whether it may be possible to overcome a person's objections and establish guardianship against their will, or they may be able to consider alternative options that will meet the needs of all parties involved in a case.
Can Mediation Be Used to Settle Estate Disputes?
The passing of a loved one can be a difficult, emotional time for family members. In addition to dealing with the loss, surviving family members may also have to navigate the probate process and take the proper steps to divide the deceased’s estate. When family members disagree on how to divide assets, this can lead to lengthy and expensive legal battles. In such cases, mediation can be an effective way to settle disputes fairly and without the need for costly and lengthy court proceedings. By understanding how mediation works and its potential benefits, families can determine whether this option will be the best solution in their situation.
Understanding Mediation
During the mediation process, the mediator helps family members or other heirs and beneficiaries communicate and work toward a mutually acceptable agreement. The mediator does not make decisions but rather facilitates discussions and tries to help the parties understand each other’s perspectives. The goal is to come to a final agreement that will fully detail how all disputed issues will be resolved.
Recognizing Elder Financial Exploitation in Adult Guardianship Cases
Sadly, elder financial exploitation is a growing concern in the United States, with adult guardianship cases particularly susceptible to abuse. As more seniors rely on guardians to manage their financial affairs, it is crucial to recognize the signs of financial exploitation and take appropriate action to protect vulnerable individuals. Today, we will discuss identifying elder financial exploitation in adult guardianship cases and steps to take if you suspect abuse.
If you believe an elderly loved one is being financially exploited, do not hesitate to contact an experienced elder abuse attorney immediately.
Understanding Financial Exploitation
Financial exploitation involves the unauthorized or improper use of another person’s resources for personal gain. It can take on many forms, such as stealing money, forging signatures, or coercing the senior into signing financial documents. In addition, in adult guardianship, a guardian may misuse their authority to gain access to the senior’s assets and exploit them for their benefit.
What Information Should an Elderly Individual Include in Their Will?
Creating a last will and testament is an important step in preparing for the future, and it is a crucial component of estate planning. However, for many elders, creating a will can be a difficult task due to the complexity of the process and the gravity of the decisions that need to be made. It is important to approach these issues the right way, and by fully considering the details that will be included in their will, a person can help their family avoid confusion about what they would have wanted and make sure their wishes will be followed correctly after they are gone.
Essential Information to Include in a Will
When creating a will, there are some pieces of information that will need to be included. Fully detailing all issues related to the estate of the testator (the person creating the will) can help prevent disputes between family members and ensure that all of a person's final affairs will be handled correctly. Information provided in a will may include:
Is Supported Decision-Making a Good Alternative to Guardianship?
For those who are caring for elderly family members or who are living with a disability, guardianship can be a daunting prospect. When a legal guardian is appointed, this can result in a loss of rights for the ward, who may no longer be able to make decisions about their medical treatment, their personal care, or their financial affairs. To ensure that a person can maintain more control over their life, there is an alternative to guardianship in the form of supported decision-making. By understanding the benefits provided by this option, elders and their loved ones can determine whether it will be a good solution for them.
What Is Supported Decision-Making?
Supported decision-making enables people who may need assistance managing their affairs to make their own choices with the help of a trusted friend or family member. It gives individuals the freedom to make decisions for themselves with assistance from someone they trust. This approach can provide a meaningful way for seniors and people with disabilities to stay in control of their lives while still receiving the help they need.
How Can a Living Trust Provide for an Elder’s Needs?
As a person ages, they may require extra care and support. If you are the family member of an elder who needs assistance, you may be wondering how to provide them with the best possible care. One option is to set up a living trust as part of the estate planning process. Living trusts can help ensure that an elderly parent or other family member has access to the resources they need as they age. Although the process of setting up a living trust can seem complicated at first, there are many benefits that come with having one in place.
What Is a Living Trust?
A living trust is an estate planning tool that allows individuals to use their assets to meet their needs while they are alive and well, while also specifying who will receive those assets after they die. With a revocable living trust, the settlor (the person creating the trust) has the right to revoke or change the terms of the trust at any time during their lifetime. A living trust allows a person to transfer control of their assets—such as property, investments, and financial accounts—to another person in order to provide for their needs. The trustee (the person who manages the trust) will have full control over these assets and can use them as necessary in order to meet the elder’s financial needs.
Do Elders Need to Include Advance Directives in an Estate Plan?
When a person reaches an advanced age, they will want to make sure their needs will be met and that they will receive the proper medical care if they cannot make decisions for themselves. These issues can be addressed through advance directives, which are an important part of estate planning for elders. Advance directives are legal documents that allow a person to specify their wishes for medical treatment and end-of-life care in the event that they become incapacitated and are unable to communicate their wishes to others.
Types of Advance Directives Addressed in Texas Law
There are several types of advance directives that can be included in a Texas estate plan, including:
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Medical Power of Attorney - This document will designate someone who will be authorized to make healthcare decisions on behalf of an elder in the event that they become incapacitated and are unable to make decisions for themselves. This person is known as a healthcare agent. The agent can consent to or refuse medical treatment on an elder's behalf, including life-sustaining treatment. An elder can give their agent as much or as little power as they want, and they can specify what types of treatments the agent can and cannot consent to or refuse.
What Happens if a Person Dies Without a Will in Texas?
A last will and testament can be a crucial aspect of estate planning. A person's will details how their assets should be distributed among their heirs after their death, and it may allow for different items to be allocated to people such as their spouse, children, or other relatives or people who are important to them. However, some may believe that having a will is not necessary because they do not own extensive assets, and they may expect their property to simply be divided among their close family members. It is important to understand how the distribution of assets would be handled in these situations. This can illustrate the importance of creating a will that will help a family avoid uncertainty or legal disputes about how assets should be divided.
Intestate Succession in Texas
If a person dies without a will in Texas, their assets will go to their closest living relatives through a process called intestate succession. In Texas, the laws of intestate succession are somewhat complex, and they may differ depending on whether a person was married or single, whether they had any children, or whether they were survived by parents or siblings.
Is Limited Guardianship Available for Elders in Texas?
When people reach an advanced age, they may sometimes have difficulty caring for their own needs. In these situations, guardianship may be an option. A person who is appointed as the legal guardian of an elder may be able to make a variety of important decisions related to medical and personal care, financial matters, and more. However, an elder may not want to completely give up control over their life, and they may want to be able to make certain types of decisions for themselves while ensuring that someone they trust will be able to provide assistance when necessary. In these situations, limited guardianship may be an option, and it will allow an elder to maintain some control over their life while still getting the help they need.
Limited Guardianship vs. Traditional Guardianship
With traditional guardianships, the court appoints someone to be a person's legal guardian. A guardian of the person will be able to address a person's medical care, decide where they will live, and provide for their personal needs. A guardian of the estate will have control over a person's money, the assets they own, and their financial affairs. In a traditional guardianship, the guardian will have complete control over these issues.
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