Embryonic Advantages and Disadvantages of Guardianship Proceedings | Elder Law Lawyer in San Antonio

A guardian is essential for elder couples who are unable to make the right decision on their behalf and those who do not have Power Of Attorney to avoid guardianship. And for some minors. “Ward”,  or those individuals who are under the guardianship, is appointed a guardian,  named by the Elder law lawyers in San Antonio make the decision on behalf of the ward and to manage the finance of the ward. 

For children, a guardian is generally the parent. But for adults, their guardian might be a parent, spouse, child, friend, or other relatives of the ward. 

Guardianship Proceedings

It is a court process where a petitioner petitions the court to appoint a guardian of the person or their estate. Having an elder law attorney to help navigate this court process is extremely helpful in ensuring things are done correctly, and with the will of the ward and the family, this can save time and money, help the ward understand the process and take the edge off some of the stress associated with the court process. 

Understand The Roles and Responsibilities of A Guardian

Guardian manages the personal and financial affairs of a minor or an adult who wards.

●     Making financial and medical decisions.

●     Filing annual reports with the court.

●     Deciding where the ward will reside.

Guardians Come Along With  A few Advantages and Disadvantages

Talking about the advantages, in guardianship, you can give control to a trusted third party, when a guardian is appointed a family member, friend, or corporate guardian who can be trusted to make decisions for the ward. 

A guardian comes with Court Oversight, in case a guardian is appointed by the court, the guardian has a fiduciary duty to act is the best interests for the ward. To make sure that the guardian is fulfilling his duty, the court monitors how the decisions are made and assets are managed. 

Coming to the disadvantages of guardianship. Guardianship can be complicated and costly. The court process can be time-consuming and expensive. The ward has no authority to select the guardian. When a Power Of Attorney has created the ward opts for incapacity to an agent in the case of guardianship proceedings, the court appoints a guardian for the person. 

The next big disadvantage is that the court is always involved in private family decisions, unlike agents who act under the Power Of Attorney. In a guardianship, all the process is overseen by the court, and guardians must get the court approval to act.

Finally

Before you think of guardianship in San Antonio, make sure to check the applicable laws and consult with us. Our experienced attorneys can provide you the assistance for creating an estate plan that will avoid guardianship in the event of your incapacity. 

So that your loved ones do not have appeal the court for guardianship. Even if you need to appeal for guardianship of a loved one, our Elder law can put a plan together to help maximize assets and provide for the quality care of your loved one.