Some people are or become incapable of taking care of themselves, either due to age or an illness. In such cases, their guardian can establish guardianship by choosing who will take care of their loved one after their death. Although you can avoid guardianship by estate planning, there are certain situations where it cannot be avoided.
Having a loved one who does not have or has lost the capacity to take care of themselves can be troubling. A San Antonio guardianship attorney can help ensure they get the care they need.
What is guardianship?
A guardianship is a legal process that determines who will step in to take care of your loved one, be it a child or an older adult, after you pass away. The person you choose will be responsible for taking care of them physically, emotionally, and financially.
Food, housing, clothing, medical, education, and other basic needs of the person should be fulfilled by the legal guardian once they step in. In some states, the guardian may also be referred to as “conservator” or “tutor.”
What is the role of the legal guardian?
The person you choose as the legal guardian of your loved one will replace you after your death. Just like you care for your loved one now, the guardian will become responsible for their care and well-being.
If your loved one is a disabled adult, the guardian will be responsible for taking care of their needs, such as changing clothing, feeding, bathing, providing adequate medical health, buying medications for them, providing accommodation according to their disability, or illness, etc.
Types of guardians
There are multiple types of guardianships. To ensure your loved one’s safety after your passing, you need to understand the differences between them and make an informed decision.
Basically, there are three types of guardianships:
When you appoint full guardianship of your loved one to someone, they are entirely responsible for their well-being and ensuring their daily needs are met. They have complete authority over your loved one’s life and can make decisions independently. This includes financial, legal, and personal affairs.
Limited guardianship means you are only appointing some of the responsibilities of your loved one and not handing over the control authority over them. For example, a limited guardian may take care of your child’s medical and educational needs and nothing else.
Joint guardianship is what it sounds like. Here, you give authority of your loved one to not one but multiple parties. Multiple parties will be responsible for making sure that their basic needs are fulfilled.
Nobody wants to have a conversation about what would happen when they die. However, it is among the most important conversations of your life, especially if you have a loved one who cannot take care of themselves. With planning comes a sense of power, and it may be the best thing you can do for your children, old parents, or any other person.