There are many situations where elderly or disabled people may need help during their daily lives, and a family may believe that guardianship is appropriate. However, a person may be concerned about giving up control over their life, and they may want to be able to continue to make certain decisions for themselves. In these situations, a family may want to consider whether a limited guardianship will be appropriate or whether other options will be available. By working with an elder law attorney, a family can determine their best options and put solutions in place to ensure that an elderly or disabled family member's needs will be met.

What Is Limited Guardianship?

In a limited guardianship, the court will appoint someone to make decisions about specific aspects of the ward's life, such as their finances or healthcare. Notably, Texas law states that when a guardian will have limited authority over a ward, the guardianship should be designed in a way that will encourage the ward to develop or maintain self-reliance as much as possible so that they can independently meet their own needs. Unless there is reason to believe otherwise, it is presumed that a person will retain the capacity to make decisions about where they will live.

How Is Limited Guardianship Different From Full Guardianship?

In a full guardianship, the court gives the guardian complete control over the aspects of the ward's life covered by the type of guardianship. A guardian of the person will have the authority to make all decisions about where the ward will live and what types of medical treatment they will receive. The guardian of the person will also have the duty to provide the ward with the necessary food, shelter, and medical care while attending to their personal needs and providing supervision to ensure that they are protected from harm. A guardian of the estate may manage the ward's property and finances, including taking possession of their property, collecting debts or payments, pursuing or defending against lawsuits, and accessing digital assets such as electronic accounts.