Texas Guardianship Code

Over the last few years there has been a spate of horror stories regarding guardianship law. However, the New York Post reminds us what guardianship law is supposed to do.

The Texas Guardianship Code specifically states that a guardian is supposed to maximize the independence of a ward and that a court is supposed to consider restrictive alternatives to guardianship. Sometimes this is not possible when a ward comes before the court, but that does not mean it has to be permanent. One of the best days for a ward and the supervising court is when the ward recovers from whatever malady necessitated the guardianship and the court restores their rights.

When most people think of guardianship they think of the elderly or young children; however, it is when a young or middle aged adult needs help that there is such a lack of planning for such situations. A lot of times, individuals seem reluctant to seek help for someone who is suffering with issues where a guardian may be able to help. A guardian has the ability to step to get the help a person needs to get back on their feet and recover.

A family member willing to step in and help in this situation is invaluable to the process and a reason that attorneys and courts often thank applicants for guardianship who are willing to serve. It is a thankless job but necessary in cases such as this when the ward has lost the ability to continue to care for themselves.