Incapacity Planning & Guardianship

Incapacity can occur due to age, genetic circumstances, or a sudden traumatic event like a car accident. When the cause is from an unexpected event such as an accident, it is often necessary to proceed straight to guardianship.

But more often, incapacity creeps up so slowly it is unnoticed until suddenly we are asking, “What happened?” Depending on where in the progression of symptoms things are, options range from very inexpensive to very expensive! As with most planning that can be done, sooner is better, less expensive, and more likely to reflect that the incapacitated person would want for themselves.

Pre-Symptom or mild-onset: Adult Declaration of Guardian & Powers of Attorney

If we are planning before any symptoms appear, or if the symptoms of incapacity are so mild they do not impair decision-making ability, the Adult Declaration of Guardian and Powers of Attorney documents can reduce the likelihood a full-blow guardianship proceeding will be required. These documents together empower a decision-maker for the incapacitated person while also limiting the harm the incapacitated person may inflict on themselves or their estate.

Advanced Symptoms or Total Incapacity: Guardianship

If the incapacitated individual (the “proposed ward”) is exhibiting advanced symptoms such that they are unable to understand the nature and ramifications of their decisions, a guardianship may be necessary. A guardianship is a court process in which the proposed ward is medically evaluated, and if necessary, someone named to make medical and financial decisions for the individual. Guardianship is a process of last resort and is to be avoided if possible. Texas Courts are required by law to only impose those restrictions absolutely necessary, which is referred to as the least restrictive alternative. However, there are times when a “full” guardianship is necessary for the protection of the individual because of their physical and mental condition.

We are happy to come to your home or the home of your parent in the Cypress area to discuss what the right moves are for your family.

Call us now at 877-208-1943 to schedule a personal consultation.