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Alternatives to Guardianship in Texas
When a family member begins struggling with cognitive decline, disability, or other challenges that affect their decision-making abilities, many people immediately think of guardianship as the solution. However, guardianship has its downsides. It removes fundamental rights from an individual, including the right to make decisions about their own life, finances, and healthcare. The court process can also be lengthy, expensive, and emotionally difficult for families. If an older relative is incapable of making decisions, there are less restrictive alternatives out there that can be used alone or in tandem to provide necessary protection while preserving as much independence and dignity as possible. An experienced San Antonio, TX guardianship attorney can advise you on alternatives to guardianship for your loved ones.
How Does Guardianship Work in Texas?
Guardianship is a legal arrangement whereby the court appoints someone (the guardian) to make decisions for another person (the ward) who cannot legally make those decisions for themselves due to incapacity, disability, or other impairments. The court appoints an individual to represent the ward's interests. If guardianship is granted, the guardian must post bond, file annual reports, and seek court approval for major decisions.
Benefits of Life Insurance Trusts for Seniors
Estate planning is not a one-size-fits-all endeavor. Seniors have a broad range of options for ensuring that the assets they worked to attain during their lifetime are protected after their passing and that their family members are taken care of as well. One of the tools that can be incorporated into a senior citizen’s estate plan utilizes life insurance to protect assets for the future. The specific instrument utilized to do this is called the Irrevocable Life Insurance Trust (ILIT), and it is a powerful way to protect your future. An experienced San Antonio, TX estate planning attorney can advise you on whether incorporating a life insurance trust into your estate plan is the right option for you.
What is an ILIT?
An ILIT is a trust that holds your life insurance. Because it is irrevocable, an ILIT may not be amended or terminated once it is created, except in rare cases and with the beneficiaries’ consent. When you set up an ILIT, you transfer ownership of your life insurance to the trust, and the trust becomes the beneficiary of the life insurance.
Signs Your Elderly Parent May Need a Legal Guardian
It can be heartbreaking to watch your parent’s health decline, especially when their ability to manage daily responsibilities begins to slip. From missed medications, risky financial decisions, or growing confusion about routine tasks, these changes can put his or her well-being at risk. In some instances, seeking legal guardianship may be necessary to protect your loved one’s safety and dignity. An experienced Texas elder law attorney can help you understand your options and guide you through the guardianship process under state law.
Are They Struggling to Make Safe Decisions?
One of the first signs that guardianship may be appropriate is when your parent begins making decisions that jeopardize his or her health, safety, or finances. This may include:
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Forgetting to eat, bathe, or take medications
Should I Put Advanced Directives in My Will?
Many people want to ensure that their medical wishes are respected if they become seriously ill or unable to communicate. If you are healthy now but thinking ahead about long-term care, advanced directives can provide clear instructions about your medical treatment and who can make decisions for you. These legal documents give your family and doctors the guidance they need before a crisis happens.
However, one common mistake is including advanced directives in a will, which is not the best way to make sure your end-of-life care preferences are followed. At The Law Office of Ryan C. Moe, PLLC, our Texas estate planning lawyers help people address this sensitive topic with legally enforceable advanced directives that ensure their wishes are carried out when it matters most.
Why a Will Is Not the Right Place for Advanced Directives
A will is a legal document that distributes your assets after your death; it does not take effect while you are still alive. That means any medical instructions included in a will would not be reviewed until after it is too late to follow them.
Who Has Standing to Contest a Will or Trust?
Before you can file a will contest or initiate trust litigation, you will need to show that you have legal standing to do so. Only people who have a legal interest in the case can challenge an estate plan. The standing rule prevents people who have no real interest in the outcome of the case from starting frivolous lawsuits to slow down estate administration for a personal enemy or filing litigation that is unwanted by the parties who would be affected by the outcome. This helps keep probate courts operating more efficiently for everyone. Showing that you have standing to challenge a trust can be more complicated than showing that you have standing to challenge a will. If you believe that there is an issue with your loved one’s estate plans and are considering litigation, you should work closely with an experienced San Antonio, TX estate litigation attorney.
Can a Person With Alzheimer's Make an Estate Plan?
Alzheimer’s is one of many age-related conditions that can affect a person’s mental state. People with Alzheimer’s or similar conditions can struggle with short and long-term memory loss and may experience confusion or impaired reasoning. Getting this diagnosis can be frightening and upsetting, for you and for your closest loved ones. Many people with Alzheimer’s have lost or will lose the capacity required to create a legally binding trust or will. However, many people who are in the early stages of Alzheimer’s do meet the requirements to sign a will or trust. If you or a loved one has been diagnosed with Alzheimer’s and would like to make an estate plan, you must act quickly. An experienced San Antonio, TX estate planning attorney can help to assess whether an individual is still able to create an estate plan.
Understanding The Capacity Test
The legal test used to determine whether an individual has the capacity to make a will or trust is fairly specific. First, a person must be able to understand the nature of his will or trust and the effect of signing a legal document. If he is able to simply explain what their estate planning documents are for and what they will do, this prong is usually met.
The Most Common Grounds for Removing an Estate Trustee
When a person is creating a trust meant to be used for distributing his or her assets after death, one of the most important tasks is choosing a trustee. A trustee should be someone the trust creator believes will faithfully carry out his or her wishes while managing the trust funds responsibly. Unfortunately, sometimes, a trustor’s faith is misplaced, and the trustee begins mishandling the trust or failing to act in the best interests of the beneficiaries after the trustor has died. If you are a trust beneficiary and have serious doubts about the trustee’s conduct or abilities, a San Antonio, TX fiduciary litigation attorney can help you take action.
Causing a Material Financial Loss to the Trust
If a trustee violates the terms of the trust and causes the trust to lose money, he or she may be subject to removal. For example, if the terms of the trust only allow standard low-risk investing techniques and the trustee loses a lot of trust funds on a very risky investment in a new business, he or she can likely be removed.
When Does a Mistake Become a Breach of Fiduciary Duty?
Fiduciaries — people in charge of carrying out estate documents like trusts and wills — can make mistakes. Being the executor of a will or a trustee of a trust is a major responsibility. If the will or trust involves many assets or beneficiaries, it can become a very complex task that can involve a great deal of paperwork and naturally result in some mistakes.
But when do mistakes become a breach of fiduciary duty? A fiduciary duty means that executors and trustees have a responsibility to act in the best interests of the estate owners. Breaching that duty could cause significant financial losses to the beneficiaries and have major legal consequences.
Understanding what fiduciary duty is and how to recognize when it is breached is crucial if you are the beneficiary of a will or trust. For more details, consult a Texas estate planning attorney who has experience in fiduciary litigation.
What Are the Legal Grounds for Contesting a Will in Texas?
A will is a legal document that contains a person’s instructions for what should happen to his or her estate upon death. These instructions must be honored, and it is the job of an appointed executor to make sure they are carried out. Usually, a probate court oversees the execution of a will to ensure its terms are fulfilled.
In some cases, however, there is a question of whether the will or a portion of it is valid. When that happens, the beneficiaries may contest the will through litigation. If they are successful, part or all of the will may be declared invalid, and the court will take the appropriate next steps. This article will discuss the legal grounds for contesting a will in Texas and how to do so. If you have questions about a will or wish to contest one, speak with a Texas will contest litigation attorney.
How Does Guardianship Affect an Elder’s Medical Autonomy?
When an elderly person loses the capacity to make certain decisions, the law sometimes allows a guardian to make them on the person’s behalf. Guardianship can be a great solution for elders who suffer from dementia, illness, aging, or general cognitive decline. It can help preserve an elderly person’s assets and well-being, even after incapacitation.
In certain cases, guardianship can affect an elder’s medical autonomy. This article will discuss what guardianship is, the different types of guardianship, and how it can affect an elderly person’s ability to make medical decisions. For more details or any questions regarding guardianship or elder care, contact a Texas estate planning attorney.
What Is Guardianship?
Guardianship allows an individual or agency (the guardian) to make decisions on behalf of someone else (the ward). The difference between this and a power of attorney is that a guardian is appointed by the court while an agent is granted power of attorney by the principal. Most guardians are relatives of their wards, and courts generally prefer to appoint family members if it is in the ward’s best interest.
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