Skilled Guidance For Guardianships In Killeen
It’s painful to watch someone you love lose their ability to handle their own affairs, but it sometimes becomes necessary for a family member to step in and take over those duties. Guardianship is a process through which one person can be granted the legal authority to act on another’s behalf.
At Michalk, Beatty & Alcozer, L.P., we understand the emotional aspect of this situation, as well as the legal concerns. Our clients in Killeen and throughout Texas know that they can rely on us for experienced guidance and support with their most difficult decisions.
How Does Guardianship Differ From Conservatorship?
In many states, the term conservatorship is used to describe someone who is given the authority to manage the finances and/or care of an adult, while guardianship most often refers to having those responsibilities for children.
In Texas, this is essentially flipped: guardianship is used to describe the legal situation in which you have decision-making authority for an incapacitated person, known as a ward. The state uses the term conservatorship in reference to child custody.
How Does Guardianship In Texas Work?
Guardianship can be broken down into two parts: guardianship of the person and guardianship of the estate:
- A guardian of the person is someone who manages the ward’s physical needs, such as determining where they live and making certain that their basic needs are met.
- A guardian of the estate is someone who handles their financial affairs.
Because guardianship deprives the ward of their autonomy, it is only granted when there is documentable proof that they are somehow incapacitated. If the proposed ward created a Designation of Guardian naming who they would prefer to help them, the court will take that into consideration before assigning anybody else. After that, the court will look at the preferential list of potential guardians in the Texas Estates Code.
Share Your Concerns With A Killeen Attorney
When you have to make some big decisions about a loved one’s future, work with a lawyer who takes a compassionate approach. At Michalk, Beatty & Alcozer, L.P., we take the time to listen to what our clients have to say and understand their goals. Then, we help them explore the options and find solutions to their problems.
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