Are your parents getting forgetful? Are they unable to care for themselves or manage their own finances? Have they been diagnosed with Alzheimer's or Dementia? If so, then it may be time for you to consider Guardianship.
A guardian is a court-appointed individual who is responsible for making personal and financial decisions for an incapacitated individual who can no longer take care of their personal well-being or manage their financial affairs. The person who is given a guardian is often called a Ward. The guardian decides everything from where the ward lives to what medical procedures will be administered. A guardianship is generally necessary when there is no power of attorney in place or some other provision to allow an agent to make decisions for the incapacitated person.
Once a guardianship is put in place, the ward loses all of their personal rights including the right to drive, vote, marry, and enter into a contract. Guardianships can also be somewhat invasive. Each year the guardian must supply an updated report to the court detailing the ward's current status. The court also sends an investigator out each year to meet with the ward and evaluate his/her conditions.
The guardianship process can be somewhat costly, depending on the circumstances. There are filing fees due to the court and doctor's fees for the evaluation of the ward. If there is enough money in the estate to cover the costs, the Judge will order the costs to be paid by the Ward's estate. The individual seeking to be appointed as guardian will also need to hire an attorney to act on his or her behalf throughout the guardianship process.
The primary goal of a guardianship is to make sure an incapacitated person is properly cared for. If you are in a situation where a loved one is in need of assistance, you should start the process right away. It can be anywhere from two to six months to finalize a guardianship, barring any complications.
For more information on guardianships or viable alternatives, feel free to give me a call. I'd be more than happy to answer any questions you may have and guide you through the process of ensuring your loved one's safety and security.
The Gilkes Law Firm
5601 Bridge Street, Ste. 300
Fort Worth, Texas 76112
(P) 817-714-7705
(F) 817-719-9145
(E) nadia@gilkeslawfirm.com
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