Any legal process can seem daunting, and guardianship is no different. Along with being legally complicated, guardianships can be emotionally challenging as they involve deciding the fate of a loved one after your passing. The feeling of accidentally choosing the wrong person is always there, and there is little you can do about it.
If you want to establish guardianship for your child or an elder, you may have various questions about it. A consultation session with a guardianship attorney San Antonio, TX can give you clarity on a lot of topics. Meanwhile, here are a few answers that you may find helpful.
Answering frequently asked guardianship questions
In which cases are guardianships necessary?
A guardian is a person who replaces you as a caretaker of your children or an elderly person after you die. If you have minor children, adult children who are incapable of looking after themselves, or elderly parents, you can take all the legal decisions regarding them to ensure they are safe even when you are not around.
Who can file for guardianship?
Anyone interested in filing for guardianship can do so. A person can file for their elderly parents, children, or another person they care about. Even one spouse can file for guardianship for the other one.
Where do I have to file for guardianship?
You can file a petition for guardianship in probate court. You need to file the petition where the individual resides, or else you can also file in the county where they currently stay, such as a hospital.
What is the process of filing for guardianship?
To initiate the guardianship process, one needs to obtain the petition form from the Probate Court office or retrieve it online. You must include every information related to your situation and why you think guardianship is necessary for the individual.
You may attach their medical records as well as doctors’ statements saying that the ward is incapable of making medical decisions. Further, the chosen guardian would need to sign an acceptance form and submit a copy of their driver’s license.
What are full and limited guardianships?
Full guardianship means that the guardian would be responsible for making all of the ward’s decisions. This is often required when the ward is incapable of making decisions regarding the smallest things in their life.
A limited guardian is someone who can make decisions regarding a few areas of the person’s life but does not have complete control over them.
Choosing a guardian for your loved one is not an easy task. On top of that, understanding the guardianship laws, submitting forms, meeting deadlines, etc. Let an attorney handle the legalities while you can focus on your family.