Does a Disabled Child Have Some Control in a Guardianship?

 Posted on June 11,2024 in Guardianship

There are various scenarios in which a family might want to put guardianship in place to protect a relative. Whether it is set up for someone suffering from dementia who can no longer make appropriate decisions for themselves, someone who has suffered a stroke and is physically incapacitated, or a disabled adult, a guardian is there to help people who cannot handle daily activities.

There are some times when a person is not fully able to handle everything but still has a lot of capabilities. In such cases, limited guardianship can be a great solution. It appoints a guardian for some aspects but still allows the person to maintain a lot of control over their own life. Since health and mental capacity can change over time, it can be overwhelming to try to figure out what type of arrangement is best. If you are considering the best way to protect your disabled child in the future, speak with a knowledgeable Dallas, TX estate planning attorney to understand all your options.

How Does Limited Guardianship Work?

When a family wishes to arrange for guardianship, a guardian is appointed to make decisions on behalf of the ward, or the person who they are to make decisions for. This is done when there is reason to believe that the ward cannot make decisions that reflect their best interests.

There are two types of guardians in the state of Texas:

• Guardian of the person: This is appointed when the ward needs help with their day-to-day care. This type of guardian generally manages the ward’s healthcare decisions, medical treatment, and residential placement.
• Guardian of the estate. This is appointed to handle the ward’s property and finances. This type of guardian often has control over a ward’s bank account and uses it to pay their bills. The guardian also handled any other financial conduct and management of assets.

Sometimes, there is concern that a person might not always be able to make the best decisions for themself, but they are capable of handling many aspects of their life. In such cases, the court might grant what is known as limited guardianship, in which the guardian is given limited authority to make decisions about very specific but important aspects of the ward’s life, like healthcare and financial decisions. It is the least restrictive form of guardianship, allowing the ward to retain control in many aspects of life.

In a limited guardianship, the areas for which the guardian is needed will be clearly defined. For example, the guardian might need to decide a course of treatment that the ward will undergo, but the ward can decide who will be his caregiver. Or, a ward might be able to maintain control over her bank account, but the guardian will be responsible for all bill payments. There are many ways in which the scope of the guardian’s authority and the ward’s freedom can vary, and a limited guardianship allows for an arrangement that best suits the individual.

Speak with a Dallas, TX Estate Planning Attorney

If you are hoping to plan for your disabled adult child’s future, there are various legal arrangements that might be applicable. Contact a qualified Dallas, TX estate planning lawyer to understand whether a limited guardianship might suit your needs. At Andrew Dunlap Attorneys, PLLC, we are passionate about helping families like yours get the peace of mind that comes with advanced planning. Call us at 972-807-6357 so we can review all your options.