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Understanding Guardianship

In family law in the Woodlands, guardianship refers to one individual’s legal ability to make important decisions for another person. Similar to, but not the same as power of attorney, a guardianship usually comes into play when a loved one is incapacitated due to age or special needs.

The family law concept of guardianship has long enabled spouses or close family members to protect loved ones who are no longer able to make sound decisions. A family law firm regularly counsels clients who are concerned about aging relatives who have begun to lose their mental faculties. Sadly, seniors are often highly susceptible to fraud or being otherwise taken advantage of by unscrupulous criminals who prey on their infirmity. If you and your attorneys ask a court to grant a guardianship over one of your loved ones, it means you will make important decisions about his or her residence, medical care, and end-of-life procedures. The court will only remove the rights over which it believes the proposed person under guardianship is incapable of handling. As your law firm will explain, guardianship is a major responsibility, and you should only begin the process after seeking legal advice.