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Guardianship Defined

Guardianship Defined

The Texas Guardianship Association defines the term Guardianship as "a legal process designed to protect vulnerable persons from abuse, neglect, and exploitation."

In order to better understand the basics of a guardianship, it is important to understand a few key terms. They are as follows:

  • Ward. Also known as "incapacitated person," the Ward is an elderly adult who is not capable of making decisions for themselves and has, as a result, been placed under guardianship. This term also applies to minor children who need someone to make financial decisions for them and/or who may have lost both parents and need someone to make personal welfare decisions for them also.

  • Guardian. The person(s) who has been appointed to make decisions for the Ward. These decisions can be related to the personal welfare and well-being of the Ward, the finances of the Ward, or both.

  • Probate Court. The Court that has jurisdiction over guardianship cases. Although some counties in Texas do not have official probate courts, all guardianships are handled in the courts in which probate matters are heard.

Whether you believe a loved one needs the protection of a guardianship, or you are a proposed ward seeking to avoid a guardianship, we can help you. Together we will discuss the possibilities and challenges associated with setting up a guardianship. First, we will see if a guardianship is even appropriate. Instruments such as durable powers of attorney, medical powers of attorney, and/or a trust could alleviate the need for a guardianship action. Also, the person may not meet the legal standards for incapacity.




Guardianship Defined



Guardianship Defined



Guardianship Defined