A Guardian of the Person is a legal designation granted by a court to an individual who is appointed to make personal decisions on behalf of another person, typically a minor or an incapacitated adult.
This type of guardian is responsible for determining the day-to-day care and welfare of the individual. This includes making decisions about living arrangements, education, medical care, and general activities. The guardian acts in the best interest of the person and is expected to promote their well-being and ensure their safety.
In Texas, the process of appointing a Guardian of the Person involves filing a petition in the probate court, where evidence is presented to demonstrate that the individual requires a guardian due to incapacity or being a minor. The court will consider various factors, including the proposed guardian’s ability to serve, the preferences of the person needing guardianship, and any input from family members.
For example, if a parent becomes incapacitated due to illness and can no longer care for their child, a relative may petition to become the Guardian of the Person to ensure the child’s needs are met, including education and healthcare. Similarly, if an elderly adult suffers from dementia, a court may appoint a guardian to make decisions that the individual can no longer manage effectively.
The role of a Guardian of the Person is distinct from a Guardian of the Estate, who manages financial matters and property, making it essential for individuals to understand the responsibilities and scope of authority associated with this role.
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