In Texas, courts can appoint guardians of the person or of the estate. A guardianship is a legally supervised process in which a guardian is responsible for a person’s property or person. The person receiving the guardianship is the “ward.” A guardian of the person is someone appointed to take care of the ward’s personal well-being. A guardian of the estate is someone appointed to take care of the ward’s personal finances and property. A guardian can make sure the ward is properly cared for and can make some decisions about the ward’s medical treatments.
To create a guardianship in Texas, you must do so in writing, or a court will have to appoint a guardian on your behalf if you become mentally unable to create a guardianship. If you create a guardianship, you must sign the guardianship document and date it. You must have your guardianship witnessed by at least two individuals who are at least 14 years old. In limited circumstances, you may be able to bypass the requirement for witnesses if you create your guardianship in your own handwriting or have someone else create it for you in his or her own handwriting in your direct presence.
You can speak with your estate planning attorney about creating a guardianship document. Your attorney can help you appoint substitute guardians, alternates if one of your appointees refuses to serve, or is unable to serve.
Stephen A. Mendel, Estate Planning Attorney
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