Houston Guardianship Attorneys

Lawyer Helping You Care for Your Aging Loved Ones in Houston, TX

It can be a sad moment when you realize that your elderly parent or other loved one is no longer capable of managing his or her own affairs. The person you are considering getting guardianship of is likely someone you have looked up to most of your life. The role reversal that takes place when you need to begin caring for someone who cared for you can be very emotional. Seeking to start a guardianship on behalf of your elderly loved one may be the best way for you to protect him or her when age-related incapacity takes hold.

The Fealy Law Firm, PC handles adult guardianship cases with compassion and understanding. Attorney Vicky Fealy realizes the emotional impact of these cases, especially when the adult in need of guardianship is resistant to the idea. She will help you start a legal guardianship while taking any measures possible to protect the privacy of the elder involved.

When is it Time to Consider Guardianship for an Elder?

Sometimes, a person's adult children or other loved ones simply know when it is time to start a guardianship. If you are unsure, consider factors like:

• Safety - An elder's safety is normally the highest priority when loved ones are considering placing him or her under guardianship. If there are signs that your loved one is not safe in his or her home or is making decisions that compromise his or her safety, it may be time to consider guardianship.
• Need for care - Many elderly people are resistant to the idea of moving into a nursing home or adult child's home, or having a full-time home health aid come to stay with them. If you can tell that your loved one is in need of around-the-clock care but will not willingly accept it, guardianship may be necessary.
• Financial mismanagement - It is common for elders who are losing capacity to begin making serious financial mistakes, like forgetting to pay their living expenses or falling for scams. If this is happening to your loved one, a guardianship can help you protect him or her financially.

How Can a Guardianship Help an Incapacitated Elder?

A legal guardian can take important steps to protect an elderly person who has become incapacitated. As a legal guardian, you can:

• Decide where your loved one should live - Although your loved one might not want to leave his or her home, moving elsewhere is sometimes absolutely necessary for safety reasons. You can decide when it is time for your loved one to go to live with a family member or in a nursing home.
• Manage his or her finances - You will be able to access your loved one's finances in order to manage his or her affairs. This includes taking steps like taking money out of his or her retirement account in order to pay all necessary living expenses, like nursing home fees and medical bills.
• Maintain insurance and benefits - If your loved one relies on Medicare, you will be able to continue renewing this benefit on his or her behalf. You will also be able to collect and apply for Social Security benefits on behalf of your loved one.
• Make health care decisions - You will likely be able to make medical decisions for your loved one and access his or her medical information.

You cannot, however, perform any estate planning tasks, such as making a will on his or her behalf.

Preventing Guardianship

Creating powers of attorney for finances, health care, and personal decisions can prevent the need for a guardianship. When powers of attorney are used, the people named can simply start managing the creator's affairs as soon as incapacity is declared without the need for court intervention.

Contact a Pearland, TX Guardianship Attorney

The Fealy Law Firm, PC will handle your guardianship proceedings with skill and sensitivity. Attorney Fealy will work to help you take on the duties of managing your loved one's affairs. Contact us at 713-526-5220 for a complimentary consultation.