Understanding Guardianship

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A Guardian is a person, institution, or agency appointed by the court to manage the affairs of another who cannot do so themselves, called a Ward. The Guardian may manage personal and/or estate matters. Texas has specific laws which govern Guardianship proceedings and in the Guardian's activities. The disability may be developmental or caused by mental illness, age, or an accident. Capacity describes a person's ability to make informed decisions about one's personal and financial affairs.

In this relationship, the Guardian is given the right to make decisions on behalf of the person with a disability. When a Guardian is appointed, the court gives the Guardian the authority to exercise certain legal rights in the Ward's best interest. Because Guardianship involves such a serious deprivation of liberty and dignity, the law requires that Guardianships be imposed only when other, less restrictive, alternatives have proven to be ineffective. If less restrictive forms of protection are not adequate to protect a person from the substantial risk of harm, then Guardianship should be sought on behalf of the incapacitated person.

Please contact us to discuss your role and learn your rights and responsibilities in a guardianship relationship.

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Townsend Allala & Associates is a full service Estate Planning & Elder Law practice. Bi-lingual in English and Español, they provide comprehensive planning in the areas of wills, trusts, powers of attorney, medical directives, advanced estate planning, probate & trust administration, probate avoidance planning, long-term care planning, Medicaid crisis planning, Veterans benefits, special needs trusts, disability planning and asset protection. Townsend Allala & Associates serves clients and their families all throughout El Paso, TX, Midland, TX, Odessa, TX and the surrounding areas, cities and towns.

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