There are many reasons why a person would want to put a person they know under guardianship. As an experienced Arlington, TX family lawyer from Brandy Austin Law Firm, PLLC can explain, when people begin to reach an age where completing daily tasks becomes more and more difficult, or nearly impossible, guardianship may be necessary. In these cases the courts of Texas can appoint a guardian of that person to make sure that their affairs are in order. There are two types of guardianship, and both will be discussed in this article so you can decide which is best for you and your loved ones. There is also a long process to becoming a guardian in the state of Texas, and that will be laid out in this article as well.
Before deciding which type of guardianship is right for you, requirements must be met, a guardianship application must be completed, and fees must be paid. There are numerous requirements that must be met to become a guardian in the state of Texas. To start, a person must be “at least 21” years old, have a high school diploma or its equivalent document like a GED, finish and print out the certificate of the “Texas guardianship training” online course, and within four attempts, pass a Judicial Branch Certification Commission (JBCC) “exam” (TJB). These requirements are just to be eligible to become a certified guardian. There are more steps that need to be followed, and more boxes to be checked before a person applies to be a certified guardian. There are three steps that one must complete in order to apply to become a certified guardian.
Applications, fees, & background checks
First, a person would need to complete the application and have a copy of your Texas Guardianship training certificate handy, as this is necessary for the application (TBJ). Secondly, there are fees that are a part of this process. There will be a flat “$100.00” fee that will be assessed as part of a person’s application (TBJ). And lastly, a person must pass a “criminal history background check” through both the Department of Public Safety in Texas as well as the “Federal Bureau of Investigation (TJB). This last step makes sure that those who would be under a guardian’s care are taken care of by the right people. Being at this stage in life where a loved one needs a guardian is not necessarily a happy time, and doing this makes sure that there are no concerns about the person appointed to your loved one.
Types of Guardianship
If becoming a guardian yourself is not a feasible option, which is often the case, then the court of Texas can appoint one for you. There are two main types of
guardianship in the state of Texas; “guardian of the person” and “guardian of the estate” (RS). Understanding both of these types of guardianship is important as it can help decide which one is best for you. A guardian of the person has no authority over their ward’s financials. If there is a person in your family willing to take over the ward’s financial situation, but would be unable or unwilling to make important day-to-day life decisions such as “travel plans” or determining where they “will live”, this would be the best option for you. A guardian of the estate would be able to take care of all of the ward’s financial holdings, and unable to make day to day decisions. There is also a third type of guardianship that would mix both of the above options.
Having to put a loved one under guardianship is a difficult life decision. But with the new information gained from reading this article, it can be a little easier to make the best and informed decision regarding those you love.