In our previous blog, we briefly mentioned a few of the guardianship roles available in the State of Texas for estate planning. These roles are appointed by a court to someone who will care for a “ward,” or a person who is incapacitated and/or needs help caring for themselves. Read on below to learn about each guardian role that you can request through your estate plan.
Guardian of the Person
A “guardian of the person” allows a person to make personal decisions for a ward who cannot care for themselves. It doesn’t matter if this guardian is appointed by a judge or through an estate plan. It is important, however, to know that a guardian can have full responsibility for a ward or be given limitations.
The differences between a “limited guardian” and a “full guardian” include:
- A “limited guardian” can only make personal decisions for a person based on what a court specifies. For example, this person can make medical decisions but is not allowed to take away a ward’s driver’s license.
- A “full guardian” can make all personal decisions for a ward, such as deciding where the ward will live, where he/she travels, and how their daily needs will be met.
Guardian of the Estate
A “guardian of the estate” is allowed the power to make financial decisions on a ward’s behalf. This role can be limited if a court decides so. With court approval, a guardian of the estate can decide:
- How to manage a ward’s living expenses.
- If a ward’s property needs to be sold.
- If the ward’s finances will be used for investments.
Schedule a Consultation with Our Lawyers in McAllen
Do you need more information on how to assign certain persons to make decisions for you in your estate plan? If so, complete your estate planning needs with our lawyers in McAllen. Contact us for a free consultation for more information on our services.