The Advantages and Disadvantages of Guardianship

If you have an adult child with a disability, or are providing primary care for a child who is not biologically your own, it may be a good idea to get a guardianship. A guardianship is a legal status where you are granted the responsibilities for providing care and making legal decisions on behalf of another individual.

When deciding whether or not to become a guardian, it is important to know the pros and cons. Due to the complexities of these types of situations, however, what may seem like an advantage to one person, may be a disadvantage to another. Take a look at the following advantages and disadvantages of guardianships, and see how they would apply to your situation.

Advantages of Guardianships

Becoming a guardian of another person has some important benefits that really can’t be granted in any other way, which is why many people seek out this legal status. Specific advantages include:

  • Security – Once you are named as guardian, you can be confident that you will be able to provide care for your ward for years to come.
  • Legal Rights – You will have the legal right to make financial, medical, and other decisions on behalf of your ward (in most cases).
  • Social Benefits – In many situations, especially with minor children, it is necessary to have a parent or legal guardian sign something. Being named guardian will help to avoid any unnecessary complications or delays with these common requests.

Disadvantages of Guardianships

Of course, there are some times when a guardianship is not appropriate due to certain disadvantages, such as:

  • Longer Term Commitment – If you are only providing care for an individual for a limited amount of time, a guardianship is not going to be the right option. Guardianships are long-term commitments.
  • Responsibility – Becoming a legal guardian comes with a lot of responsibilities. Rather than just taking care of someone because you want to, you will now be legally obligated to provide this care.
  • Legal Complications – As with any legal matter like this, you’ll have to go through the process of working through the courts to get approved as a guardian.

Petitioning for Legal Guardianship

If you believe that being named guardian of someone you are caring for is a good idea in your situation, we can help. Contact the Amsberry Law Firm to go over your options, and get the process started. We have helped many people successfully seek guardianship in Texas, and we would be honored to help you too.

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Written by Amsberry Law Firm

Amsberry Law Firm

Mr. Amsberry is board-certified in labor and employment law by the Texas Board of Legal Specialization. He is a proven litigator who has argued before the United States 5th Circuit Court of Appeals and earned favorable outcomes in complex, precedent-setting employment and civil rights cases. He served as a reservist assistant judge advocate general in the U.S. Army and is a sought-after lecturer and speaker on a range of legal issues.

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