In Texas, “a legal process designed to protect vulnerable persons from abuse, neglect, and exploitation” is known as guardianship. Texas recognizes the following types of guardianship:

  • Guardian of the Person – responsible for the day-to-day needs of the ward. Generally, this person will make decisions for personal and medical care, and make decisions considered to be in the best interests of the ward.
  • Guardian of the Estate – the person designated to handle the financial interests of the ward. In some cases, they may be the same person designated as guardian of the person, in other cases, separate guardians may be appointed.
  • Guardian of Minor Children – a guardian is appointed to a child under very specific circumstances including when a child inherits money or when the parents have given up parental rights to the child. In the event the child inherits money from a deceased family member, the parents are not automatically assumed to be guardians of the estate. If one parent should die, the other parent automatically is considered the child’s guardian except in extenuating circumstances.

Alternatives to Guardianship

Because of the time and expense involved in guardianship, in some cases, it may be a better idea to explore alternatives. We help those who have concerns about a loved one investigate other options including:

  • Money Management Program
  • Assisted Living Placement
  • Supported Decision-Making
  • Power of Attorney and Medical Power of Attorney

When you are concerned that a loved one may be vulnerable to exploitation, we can provide you with information about the guardianship process, and the options available in Texas. Contact a Decatur, Texas guardianship attorney at Mary Lois Spain- Sipes, Attorney at Law. We have helped families across North Texas, including Wise, Jack, Montague, Denton, and Tarrant County make the best decisions for their loved ones.