Most people living in Texas have significant control over their own lives once they become legal adults. They are responsible for paying their bills, meeting their own basic needs and making their own medical choices.
Occasionally, medical issues can diminish an adult’s ability to manage their own affairs and act in their own best interests. The courts in Texas regularly hear cases where concerned parties request guardianship or conservatorship. Guardianship gives another responsible adult authority over a vulnerable person’s daily life, living arrangements and health care. Conservatorship relates to financial responsibility and resource management.
Both arrangements can leave people vulnerable and frustrated by their lack of control. Is it possible for people to plan ahead of time to prevent guardianship or conservatorship with estate planning documents?
Adults can empower someone they trust
Estate planning provides an opportunity to address many issues, including the possibility of long-term incapacitation. The person worried about the possibility of guardianship or conservatorship in the future can draft durable powers of attorney. Such documents remain in effect until the person who drafted them dies, recovers from their medical condition or revokes the document through appropriate legal steps.
Unlike standard powers of attorney that lose their authority in the event of permanent incapacitation, durable powers of attorney can protect people who may never be able to regain control of their own affairs. Instead of allowing anyone to request financial or legal authority, individuals can plan ahead to protect themselves by drafting durable powers of attorney.
They can name a trustworthy individual to manage their affairs if they become incapable of taking care of themselves. Advance planning also allows for the limitation of authority and for the creation of clear instructions regarding the conduct of the agent or attorney-in-fact acting on behalf of the incapacitated individual.
Those worried about the possibility of age-related decline or personal emergencies may derive peace of mind from planning ahead to avoid guardianship and conservatorship. Thorough estate planning protects people as they age in addition to protecting their surviving loved ones after they die. People who know about the nuances of estate planning can make decisions that are beneficial for themselves and their closest loved ones.