A guardianship may become appropriate when an individual needs help managing their daily affairs because of age or disability. When this happens, a court can appoint a guardian, or an individual may in advance name a guardian.
For children, if both parents pass away, they need to appoint a guardian to specify who should serve as the guardian of their children.
For adults, appointing a guardian allows you to designate someone in the event you have a long-term disability which requires extensive oversight / aid from non-incapacitated individuals.
You can appoint the same individual as both or have different people serve as a guardian of the estate and as a guardian of the person.
Because there are two types of guardians (estate and person), someone may be appropriate for the needs of one but not the other. Or, someone could be an appropriate guardian for both estates. A guardian is kept on a tight leash by the courts with reporting requirements, but a guardian does have hefty responsibilities. Only appoint someone whom you would deem responsible as a guardian.
Parents agree that Uncle Robert, a successful investment banker who travels a lot, would make a good guardian of the estate for their child. However, they agree that Aunt Mary (who is sweet, caring, and kind, but has a gambling issue) should be the guardian of the person of their children.
In this case, the parents could name two different people to serve as guardians. Or, they could select one person to serve as both.
Texas Law guides courts to appoint guardians in a specific order, starting with closer familial relationships and moving outward. You may, however, choose to specifically exclude someone from serving as a guardian.
For example, it would be a good idea to exclude Aunt Mary from the example above from serving as the child’s guardian of the estate because of her financial issues.
Part of the purpose of estate planning is to avoid guardianships because there are many other less burdensome methods of handling property such as a power of attorney and trusts. However, it is important to appoint the appropriate people as guardians in the event it becomes necessary.
Follow our newsletter to stay updated.
© 2024 FM The Lange Firm, PLLC
Mr. Evan B. Lange is the attorney responsible for this website. | All meetings are by appointment only. | Principal place of business: Sugar Land, Texas.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome you to submit your claim for review. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.