Being appointed as a guardian is a complex process

There are many people in Andrews who know people who are unable to care for themselves. Whether they are old, have cognitive disabilities, or are otherwise unable to make financial or medical decisions, guardianship is an important tool to make sure their rights are protected. Much of the time, the individual needing assistance, also called a ward, did not plan on needing a guardian and so someone must be appointed as a guardian by a Texas court.

It sounds easy enough, all a relative or friend must do is go to the court and ask to become a ward’s guardian, right? Wrong. The process requires considerable proof that the ward actually needs a guardian and a court needs to agree that the prospective guardian is appropriate.

The whole process will likely require a prospective guardian to consult a guardianship lawyer. Even after the individual has been appointed as a guardian, he or she will need to comply with strict reporting requirements or risk being accused of inappropriately spending a ward’s money. Working with a lawyer can also help to determine what is a qualified cost and what would draw the court’s suspicion.

After several rounds of reporting, some judges may discontinue future updates, but there is no guarantee that reporting will stop.

Granted, being appointed as a guardian is not the only way to become one. If a future-ward may suspect that he or she will need a guardian at some point, he or she can create an estate plan that includes who should be appointed guardian in the event that the ward cannot make his or her own decisions.

Source:Fox, “What You Should Know About Guardianships,” Andrea Murad, Aug. 30, 2013