Estate Law

Alternatives to Filing a Guardianship in Texas

If you are the caregiver for an individual who is a small, or who has an illness or other condition that causes them to be not able to handle their own affairs, then you may have thought of filing a guardianship in a court. You must be aware that there may be alternatives.

Handling the affairs of another person can be difficult, particularly when a 3rd party asks you to prove your legal authority to do so.
Being appointed as a guardian by a judge leads to a court order granting you legal authority to act. That’s the excellent news. The more tough news is that this authority includes extra requirements and the monetary costs of legal costs and court costs. You will have to make periodic, formal accountings and reports, and will undergo court approval for continued guardianship. You will likewise need to seek court approval for specific actions.

Although that’s not constantly a bad thing, the fact is that some cases might be well served by using an alternative to guardianship. A Judge might even reject a guardianship and require you to check out less-restrictive alternatives to accomplishing your objectives.
Here are some typical situations, and some options that might be considered:

1. For a person who is ill (briefly, irreversibly or terminally), or a senior who needs aid.
2. Persons with certain intellectual or developmental conditions or challenges.

3. General Info for some specialized or short-term situations;
Each scenario is various.

Some aspects to consider when picking the finest path are the following:
If the person who you are concerned about has a progressive condition (such as Dementia, for example), and presently has the capability to understand and take part in these decisions and to sign legal files, don’t wait up until things are too far along. Get guidance now.