Can Elder Guardianship Be Forced Against Their Will?

 Posted on June 13,2024 in Guardianship

One of the hardest challenges of aging is the loss of various capabilities. Some people manage to remain sharp and even physically fit until their final days, but many people experience some deterioration in their mental or physical capacities. You want to respect your parents and let them live with dignity, but if you are concerned that they are incapable of making appropriate decisions, you might feel that there should be some oversight on their decision-making for their own sake. This article will examine what happens when adult children want to arrange for guardianship for their parents when their parents do not want one. If you are in this situation, speak with a trusted San Antonio, TX elder law attorney to understand your options.

Establishing Guardianship in Texas

There are several situations where people might worry a loved one is unable to make decisions for themselves, whether that loved one is young, elderly, or someone with mental or physical disabilities. In such cases, you can petition the court to establish a guardianship, meaning you want to be appointed by the court to make decisions on their behalf.

Once you petition the court, there is a hearing to determine whether the person is incapacitated and needs a guardian, and if so, which authorities will be part of the guardianship. You can demonstrate incapacitation if your parent cannot take care of their daily needs, manage their finances, or handle their health care.

The main factor that the court considers when making this determination is what would be the ward’s best interests. If your relative objects to having someone else control their decisions and can prove they are capable of handling their own affairs, the court will likely decide to reject your petition. If you can prove that they are not capable, even if this is only true for limited functions, a limited guardianship might be established, and there would be specific explanations about the exact authorities you will be granted and the areas where the ward can make decisions for themself.

The court will not only listen to you and your parent but will often order various psychological and medical tests to determine their capacity and the degree to which they could benefit from guardianship. Since the state of Texas prefers to allow its citizens to maintain as much independence as possible, in cases where the ward objects to the guardianship, a limited guardianship is often a good compromise, as you can control specific aspects of the ward’s life but the ward still retains control over any areas they are capable of handling.

Contact a San Antonio, TX Elder Guardianship Lawyer

If you are concerned that your aging parent cannot independently make decisions for themselves, speak with a dedicated San Antonio, TX elder law attorney. At The Law Office of Ryan C. Moe, PLLC, we have extensive experience with the complexities involved in taking freedom and independence away from an elder parent, and we handle these cases with utmost sensitivity and compassion. Call us at 210-861-6000 so we can help you navigate this process.