In Texas, a guardianship is a legal relationship established by a court of law that appoints a guardian to care for someone who is incapacitated and unable to care for themselves. There are two types of guardianships: (1) guardianship for a minor child/family member; or (2) a guardianship for an adult disabled child/family member.
Guardianships for Minor Children
We recommend a guardian for minor children for their care until the age of majority. Most parents do this at the same time as having Wills drafted or when updating their previous Will. Consider both “guardianship of person” (personal care decisions) and “guardianship of estate” (financial matters) when deciding whether or not you should setup a discretionary trust should you pass prior to your child reaching majority. Speak with our experienced estate planning and guardianship attorney today to ensure you make the right decision for your child and/or family member.
Guardianships for Adult Disabled Children
If you have an adult disabled child you will need a guardianship at some point in your child’s life. It’s best to consult an elder law attorney and a CPA sooner rather than later. Consider that you may need both “guardianship of person” (personal care decisions) and “guardianship of estate” (financial matters). Certain bequests made may decrease or eliminate government support or other funds. You may want to look at setting up a discretionary trust to reduce such effects, but there are limits depending on the age of the disabled person, so be sure to speak with an experienced attorney regarding this today!
Call our guardianship attorneys at (325) 232-8218 today for a consultation.