What is an alternative to guardianship?

An alternative to guardianship is a limited guardianship. This is a legal arrangement that gives a guardian the authority to care for a minor or incapacitated adult in a limited capacity. This arrangement is designed to allow the minor or incapacitated adult to maintain more control and autonomy over their life and decisions instead of handing over complete authority to the guardian. In Texas, a limited guardianship can be created without a judge’s approval as long as the person being considered for guardianship (known as the ward) is over the age of 14. All minor guardianships in Texas are limited guardianships. Limited guardians also have the authority to make decisions for the ward in areas such as financial management, healthcare, and education. In addition to limited guardianships, another alternative to guardianship is a durable power of attorney. This document allows an adult to assign someone they trust with the responsibility to make decisions related to their medical care, finances, and other matters. Durable power of attorney can be set up for a specific period of time or in a way that it can be revoked at any point. Finally, Texas also allows individuals to make advance directives, such as living wills and healthcare directives, that indicate the person’s wishes regarding medical care and other matters. This provides another alternative to guardianship by allowing a person to make their own decisions in advance, so that someone else does not have to make those decisions for them.

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What is an alternative to guardianship?

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