There are different types of commandments for different situations. Knowing the different types can help you make the right decisions for your loved one.
Guardianship of the person and/or the estate:
When a court finds that an individual is legally incompetent, it must also find out whether such legal incapacity exists in relation to his person, or if it also includes his property.
- The guardian of the person is responsible for the care, maintenance and personal needs of the incapacitated person.
- The guardian of the estate is responsible for all financial matters of the incapacitated person. This person is also responsible for maintaining, protecting, and maintaining the assets of the estate.
Guardianship over a minor:
The parent is always the natural guardian of the person of the minor. Therefore a guardian for a minor is only necessary when the minor’s parents are deceased or unable to care for the minor. It is important for parents to have a guardian’s permit covered by their estate plan because it names the individual who will be the guardian of the children in the event of their incapacity.
Also, guardianship of a minor child becomes necessary if the minor child has the right to acquire any assets under a last will or will or if he has been identified as a beneficiary of a life insurance policy, IRA, etc. In Texas, a trustee of an estate is necessary because a minor child cannot legally own any property or be entitled to any assets.
Guardianship of an adult will become necessary if the adult is incapacitated and unable to support himself or manage his financial assets. Guardianship of a person is also necessary when the individual reaches the age of eighteen (18) and suffers from mental retardation.
Parents of disabled adults will be responsible for making health care and/or financial decisions. Generally, the trustee will be required to report to the Ten Commandments Court regularly.
Temporary Guardianship vs. Permanent Guardianship:
To understand these two types of commandments, we must first ask ourselves if there is an urgent need. If there is an urgent need, temporary guardianship is necessary. However, if there is no immediate need, the permanent guardianship will be initiated. To determine what is needed, answer this question: Can damage be done to a person, or his property as defined above, if a guardian is not appointed immediately?
As you can see, the guardianship process can be complex and confusing to navigate.
Are you concerned about the financial well-being and care of your loved one and would like to learn more about guardianship?
If you have a family member or loved one that you want to make sure they are taken care of, you should speak with an attorney who is experienced in the guardianship process. Contact us online or call our Dallas office directly at 214.559.7202.