In Texas, the rights of a minor or disabled individual are enforced through legal action, and these rights can prevent outside parties from taking advantage of financial assets that were awarded to these individuals. A guardianship attorney in Gig Harbor WA can provide answers to frequently asked questions about these cases.
Are Guardianships Limited to Assignments for Minors?
No, a petitioner can start a petition to become a guardian for an adult who is disabled and cannot care for themselves. They can also acquire guardianships for seniors with severe debilitation such as dementia and Alzheimer’s Disease, and the petitioner can achieve this assignment to protect the individual’s assets from unethical parties.
Does the Guardian Receive Access to the Individual’s Assets?
This depends on how the terms of the guardianship are assigned, and if the individual is willing to provide this new guardian with these rights. The court may also require the new guardian to provide receipts for any monetary assets they use, and they may require a regular assessment by a caseworker to ensure that the new guardian is providing adequate care for this individual. Typically, the guardian doesn’t receive full access or complete control over the individual’s assets.
Does the Guardian Make Medical Decisions for the Individual?
If the individual is a minor, the new guardian will make medical decisions for them, and the guardian is responsible for the child’s medical expenses. If they are an adult, the new guardian must follow any healthcare plan the adult set up before they became incapacitated.
Is a Guardianship Established Immediately for a Child?
No. Typically, the prospective guardian receives temporary custody until all allegations are reviewed by a caseworker, and after a risk is discovered, the guardian receives custody for one year. If the risk still exists, the guardian has the opportunity to adopt the child.
In Texas, family members have the right to petition the court to protect minors and disabled individuals from unethical practices. These family members can acquire a guardianship to protect the interests of these individuals.
