Will I Have To Go Under A Guardianship?

Kim Hegwood of Your Legacy Legal Care recently sat down with the Texas Chapter of the National Academy of Elder Law Attorneys (NAELA) to record an informative video on the complexities of guardianship in Texas. 

Ms. Hegwood explains that guardianship is a legal process where a court appoints someone to manage an individual’s personal or financial affairs if no less restrictive alternatives are available.  The video highlights the importance of proactive estate planning—such as creating wills and powers of attorney—to avoid guardianship. 

If you are seeking guidance on guardianships, reach out to the Houston guardianship attorneys at Your Legacy Legal Care. Our attorneys are well aware of the legal and emotional complexities surrounding the establishment of guardianships in Texas. If you need assistance regarding guardianship matters, contact one of our Houston offices today.

Transcript:

Will I have to go under a guardianship?

Guardianship in Texas is a protective legal process where a court appoints a guardian to have partial or full authority over you and or your estate if no less restrictive means are available to assist you. 

Common reasons for establishing a guardianship include the failure to execute alternatives to guardianship like medical power of attorneys, durable power of attorneys, trust or other alternative decision making tools, or the inability of supports and services like family support, residential facility placement such as memory care or group home therapies, and similar resources to meet your needs.

While there are an increasing number of guardianships in Texas, many can be avoided by doing essential estate planning tools like wills, power of attorneys, and living wills.

For example, if a loved one with special needs is transitioning out of high school, the court assesses their ability to execute alternatives to guardianship and whether supports and services like day programs or habilitation can be put in place to avoid the need for guardianship. 

Another example would be a parent who is aging and develop dementia, that can no longer manage their finances. If they can establish a durable power of attorney or provide secure access to their assets to trusted people, then a guardianship may be avoided.

It’s crucial to discuss the necessity for guardianship or to put alternative systems of support in place with an elder law attorney to explore your options and plan effectively.

Use the Find an Attorney feature on the Texas NAELA website to connect with Texas NAELA member near you.