In Texas, the courts have a system in place to protect people who can no longer care for themselves due to physical or mental incapacity. When someone is legally found to be incapacitated by clear and convincing evidence, and the court determines that a guardian is in their best interest, the court may appoint a guardian to make medical and/or financial decisions on their behalf.
This process is known as “guardianship” and is court-supervised and often complex. It involves multiple attorneys, hearings, and ongoing court oversight. Because of this, guardianships can become expensive and end up costing thousands of dollars. If there is disagreement among family members and the case becomes contested, the costs and emotional strain can escalate very quickly. Is there a way to avoid these costs, or make your wishes known in advance of incapacity?
Yes! The good news is that guardianship is meant to be a last resort in Texas. Courts will look for less restrictive alternatives before granting a guardianship. Some of the most effective alternatives include powers of attorney and advanced medical directives, which are staples of any comprehensive estate plan.
Additionally, living trusts can help avoid guardianship, because a trust allows you to appoint a successor trustee who will automatically step in to manage your assets if you become incapacitated, eliminating the need for court involvement.
At Pyke & Associates, we believe the best way to protect yourself and your family from the costs, delays, and stress of a guardianship is through comprehensive estate planning. By putting the right documents in place now, you can ensure that your wishes are honored and your loved ones are spared the burden of unnecessary court proceedings.
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, specific tax, legal or accounting advice. We can only give specific advice upon consulting directly with you and reviewing your exact situation.
