Is Limited Guardianship Available for Elders in Texas?

 Posted on September 20, 2022 in Guardianship

When people reach an advanced age, they may sometimes have difficulty caring for their own needs. In these situations, guardianship may be an option. A person who is appointed as the legal guardian of an elder may be able to make a variety of important decisions related to medical and personal care, financial matters, and more. However, an elder may not want to completely give up control over their life, and they may want to be able to make certain types of decisions for themselves while ensuring that someone they trust will be able to provide assistance when necessary. In these situations, limited guardianship may be an option, and it will allow an elder to maintain some control over their life while still getting the help they need.

Limited Guardianship vs. Traditional Guardianship

With traditional guardianships, the court appoints someone to be a person's legal guardian. A guardian of the person will be able to address a person's medical care, decide where they will live, and provide for their personal needs. A guardian of the estate will have control over a person's money, the assets they own, and their financial affairs. In a traditional guardianship, the guardian will have complete control over these issues.

With limited guardianship, the court appoints a guardian but allows a person to retain some control over their own life. For example, with limited guardianship, a person may be able to have a say in where they will live, the types of medical care they will receive, and whether to have certain financial transactions carried out. 

The Benefits of Limited Guardianship 

According to the laws in the State of Texas, when a legal guardian is appointed for a person, the terms of guardianship should be based on the person's actual mental or physical limitations, and they should only be as restrictive as is needed to protect the person's health and well-being. Because of this, limited guardianships are often the ideal option.

There are many benefits to having a limited guardian, including: 

• A person can maintain more control over their own life. 

• A person can decide who will serve as their guardian. If necessary, the same person can serve as the guardian of the person and the guardian of the estate, or different guardians may be chosen to address different aspects of the person's life.

• A person can have input on important decisions that will be made on their behalf. 

• A person can receive the help they need without giving up all of their rights as an adult. 

Contact Our San Antonio Limited Guardianship Lawyer

No two elders' situations are exactly alike, so it is important to consult with an attorney before making any decisions about guardianship. At The Law Office of Ryan C. Moe, PLLC, we can help you understand your options, and we will make sure that the decisions you make will provide for the best interests of an elder who needs assistance. If you have any questions about limited guardianship or any other estate planning options, please do not hesitate to contact our office at 210-861-6000 to arrange a consultation and learn more about how we can assist you.

Sources:

https://gov.texas.gov/organization/disabilities/guardianship

https://probatecrt1.harriscountytx.gov/Documents/pub395-guardianship.pdf

https://www.txcourts.gov/media/1441681/bill-of-rights-guardianship-texas-code-english.pdf