Blogs :: Why Seek Guardianship?

Determining whether to seek Guardianship of our children is an extremely emotional decision and one that should be carefully decided. Guardianship is not the only alternative but for some families, it is the one that makes sense for their child. In another article, we discuss Alternatives to Guardianship. Whatever you decide, it is prudent to do this prior to your child reaching the age of 18. Should your child have an Intellectual Disability, often the case for Guardianship is clear cut since they may not have the mental capacity to sign an Alternative to Guardianship.

Once a child turns 18 in the State of Texas, he or she is considered an adult. What this means to you as parents is that you will no longer have legal control of your child. Doctors don’t have to discuss your child’s health with you. Your child can enter into contracts, spend his or her money freely and your child may be easy prey for those wishing to take advantage of someone who may not have the social skills to resist or to even know when someone is dishonest. Having some form of Guardianship or an Alternative to Guardianship will provide protection for your child.

Scenario from Case Files
A client inquired about Guardianship for her adult daughter with Special Needs who was over the age of 18. Several months before, her daughter had run away from home and it was weeks before our client knew that her daughter was safe. While our client had frantically called hospitals and the police attempting to learn the whereabouts of her daughter, she was turned away each time because her daughter was an adult and as such, our client had no rights to this information. Eventually, her daughter returned home but it was a worrisome few weeks for our client.

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