As a caregiver, there are less restrictive options available to you in lieu of guardianship. In this blog from Grable Martin, we find some options to explore with you. As they note, “Texas courts have shown a reluctance to establish guardianships without sufficient evidence that less restrictive alternatives are inadequate to protect and provide for the needs of the incapacitated person”.
Medical and Durable Powers of Attorney can allow you to handle health care decisions in the chance that the person may be incapacitated and unable to think for themselves. On the other hand, if the older adult is conscious and/or able to think on their own, the representative doesn’t have a say in chosen treatment, for example. There is also durable power of attorney for property.
Each state is different and we understand the ins and outs of your options in Texas, local law and court rules vary.
A good custodian of an aging individual will take into account the wishes of the person, and aid in making tough decisions regarding care, housing, and end of life. Guardianship is actually the extreme measure, where other less aggressive options might be the right next step on the path.
If you have more questions relating to caregiving and your options, don’t hesitate to reach out to arrangeCare.
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