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Guardianship requires the approval of the court

| Oct 12, 2020 | Estate Planning |

Having a parent face an Alzheimer’s diagnosis can be difficult for any Texas resident. Though many people who receive an early diagnosis may be able to continue making their own decisions and living on their own for a time, eventual cognitive decline usually makes it nearly impossible for that type of arrangement to continue. If a parent did not take steps to give someone the ability to handle his or her affairs and continues to refuse help, a guardianship may be necessary.

Guardianship does not make sense for every elderly adult or even every adult with dementia. However, if a parent is at risk of suffering harm due to living alone or may fall victim to scammers or other fraudulent activity, having someone handle his or her affairs may be wise. If a parent is open to help, pursuing legal control may not be necessary, but in some cases, a parent may be stubborn and refuse help.

If a person wants to become the guardian of a parent, that individual will need to make sure that the parent will live in a safe place, will have access to needed medical care, will not be at risk of financial exploitation and will receive any necessary long-term care. Of course, even if a person intends to ensure those details apply, court proceedings are still necessary. In the end, the court will determine whether a person is an appropriate guardian.

In some cases, another party may contest a person’s attempt at guardianship, which could make the process more complicated. Whether contested or uncontested, it is important to have help through this legal process. Most Texas residents only want what is best for their ailing parents, but ensuring their well-being can be difficult in terms of having the legal authority to do so.