The need to appoint a guardian for someone arises in various circumstances, including the following:
- a guardian may be needed for a child if the child’s parents are not available or unable to properly care for the child or money the child has inherited
- An adult who is incapacitated may need to be cared for by someone else
When a person is not able to properly attend his needs or her needs, regardless if the person’s needs are personal-related or financial-related, the guardian can be appointed to take on some or all of that responsibility.
While family members will often file a petition for guardianship of a loved one who is incapacitated, a guardian does not always need to be a family member. Any adult who can be seen as competent can serve as a guardian as long as he or she:
- Is not incapable of discharging the responsibilities and duties
- Is not unsuitable to perform all the duties that a guardian is responsible for
- Is not a convicted felon
The powers that a guardian will have will depend on the type of guardianship that has been established by the probate court. Under the current law in Texas, the Courts will typically try to tailor the powers of the guardian to only grant them the power necessary to address the incapacitated person’s needs.
When someone you love is not able to make all the decisions that are needed to survive, we encourage you to seek the help of a guardianship lawyer who has the experience and knowledge you need in cases like this. The lawyer will provide you with everything you need to know about guardianship qualifications, duties, responsibilities, etc.
If you are looking for the best path to care for and protect someone you love, please do not hesitate to contact us today.