Children rely on their parents or other legal guardians to support and protect them. Parents have an obligation to ensure children receive proper medical care and to provide for their basic needs in life. Typically, that obligation ends when a child reaches adulthood.
However, some adults require the support of guardians when they develop debilitating medical conditions. Challenges related to age, including dementia, might leave someone in need of outside support. Injuries, such as a traumatic brain injury caused by a car crash, could also render someone incapable of managing their own affairs.
The law in Texas allows concerned adults to seek guardianship when another adult proves incapable of managing their affairs. If the courts agree that guardianship is necessary, the incapacitated adult loses control over major decisions and their assets. A guardian can decide where someone lives and can take control over their resources. People who worry about a future guardianship can potentially avoid one with careful estate planning.
The right documents can prevent guardianship
Obviously, no one can plan to prevent incapacity caused by age, illness or injury. Still, they can create plans that protect them from vulnerability in such situations. The best estate plans include more than just wills. They can also include important documents that take effect in an emergency situation.
Powers of attorney allow a trusted individual chosen by the principal who drafted the documents to make medical decisions on their behalf or manage their finances. Basic financial or medical powers of attorney can lose their authority after the principal becomes permanently incapacitated.
Many people sidestep this issue by drafting durable powers of attorney. These documents include language specifically intended to preserve the authority of the documents in the event of permanent incapacity. Someone who drafts durable powers of attorney can effectively choose an agent or attorney-in-fact to hold the same authority that a guardian might.
Adults preparing for retirement, those coping with chronic illnesses and those concerned that others may want control over their assets may benefit from adding durable powers of attorney to their estate plans. The creation of the right documents can extend invaluable protection to people as they age or if they ever experience an unpredictable emergency.