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Guardianship Archives

Helpful tips for siblings working to care for aging parents

As your parents age, you and your siblings will face issues of how to take care of your aging parents. As uncomfortable as it is to think about, your parents will likely need extra help in their golden years. Some folks will suffer from dementia, or they may become incapacitated in other ways. Forming a care plan with your siblings will help you find solutions for your parents that work for the whole family.

What is the Difference between Guardianship of the Person and Guardianship of the Estate?

There are times when an incapacitated person, a Ward, may need either a guardian of the person or a guardian of the estate. There are other times when a Ward may need both. One person may serve in both roles, or the probate court may appoint two different people to serve in those roles.

Are Guardianship and Conservatorship the Same Thing?

The words guardianship and conservatorship are often used interchangeably, but they have different meanings in the State of Texas. The term conservatorship is synonymous with the word custody. It is used in the family law context when a family law court issues an order regarding custody and visitation for a minor child or children. For example, if two people have shared custody of a minor child, they have what is called joint managing conservatorship. An order for conservatorship may carry over after the eighteenth birthday of a child if the child has special needs and will need continued support from his or her parents into adulthood.

Will My Special Needs Child Need a Guardianship?

The answer to that question depends on the nature and severity of your child's disability. Each child is different, so each child's situation will require an independent evaluation. As the parent, you are the natural guardian of your child until he or she reaches the age of eighteen. As the natural guardian, you have the right to make medical, housing, and other decisions for your child. But when your child turns eighteen, thus reaching the age of majority, those rights are transferred to your child.

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