Sometimes, guardianship of adults can be necessary for those with Alzheimer’s or other mental disability. In a guardianship, the guardian gains legal control over an incapacitated ward.
To become guardian of another person, a Texas court (in the Dallas area, it will likely be the Dallas County Probate Courts, Collin County Probate Court, or Tarrant County Probate Courts) must decide that a guardianship is necessary and that you are the best person for the job.
Because the guardian essentially legally steps into the shoes of the ward, the State of Texas takes guardianship very seriously. This is why, unlike a power of attorney, court proceedings are necessary to create a legal guardianship.
Technically, in Texas there are two kinds of guardianship, even though most people become both kinds of guardian at the same time.
- A “guardianship of the person” gives responsibility to the guardian for the ward’s physical care. This includes making decisions regarding day-to-day care, medical care, living arrangements, medications, and others.
- A “guardianship of the estate” of the ward involves handling the ward’s financial affairs. You may seek either kind of guardianship, or both.
A guardianship attorney can help you determine whether you’re eligible to become a guardian, prepare the necessary documentation, and apply for the guardianship with the probate court. Search the firm’s law articles for more in-depth discussions of guardianships in Texas.