A guardian is responsible for the health and welfare of another. Guardians are mostly associated with an adult caring for a child after a parent’s passing.
Under Texas law, a guardianship may extend to another adult. There are circumstances when petitioning the court to become the guardian of a parent is in that person’s best interest. Find out more about the types of guardianships the court may award.
When an adult becomes a ward, it means he or she cannot make sound decisions. Instead of allowing others to take advantage of the person in this fragile state, the court appoints a guardian. A personal guardianship grants the person in charge the right to make all personal decisions regarding the ward. These include situations such as:
- Where the ward lives
- Whether or not the ward files for divorce
- How the ward’s medical treatment proceeds
- Whether the ward may travel or not
A guardian must remain focused on what is right for the ward in taking any action on his or her behalf.
The court may grant someone financial authority over a ward who cannot handle his or her affairs. The court proceeds with caution since financial abuse is one of the most common crimes committed against an incapable adult. The estate guardian pays all the ward’s bills, buys and sells assets as necessary for the ward’s continued care, and may apply for Medicaid and other applicable government assistance for the ward.
A judge may only grant guardianship for 60 days at a time or permanently. The ward’s condition and the relationship of the guardian may dictate how long the arrangement continues and what elements it will contain.