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When a person is appointed as a legal guardian, they take on a significant and often misunderstood role. The responsibilities of a guardian extend beyond just signing documents or making decisions—they encompass a wide range of legal, financial, and personal duties that can deeply impact the life of the individual under their care, known as the ward. However, a guardian’s authority is not absolute. Strict legal boundaries define what they can and cannot do, ensuring that their actions serve the best interests of the ward while preventing abuse or misuse of power.
Understanding the role of a legal guardian requires peeling back the layers of legal authority, ethical obligations, and practical realities that come with the position. Whether a guardian is responsible for a minor, an elderly person, or an incapacitated adult, their duties are governed by court orders and state laws. In Texas, where guardianship laws are designed to protect vulnerable individuals, courts play a crucial role in ensuring guardians act responsibly. So, what does a legal guardian actually do behind the scenes? And just as importantly, what are they prohibited from doing? This article explores the hidden world of legal guardianship, detailing both the powers and the limitations placed on those entrusted with this vital role.
The Role of a Legal Guardian
A legal guardian is someone appointed by a court to manage the personal affairs, financial matters, or both for someone who is unable to do so themselves. The reasons for guardianship vary, but they often involve minors who have lost their parents, elderly individuals with cognitive decline, or adults with disabilities that prevent them from making sound decisions.
There are two primary types of guardianship in Texas:
- Guardian of the Person: This type of guardian is responsible for the ward’s day-to-day life, including healthcare, living arrangements, and education (if the ward is a minor).
- Guardian of the Estate: This guardian manages the ward’s financial affairs, including bank accounts, investments, real estate, and legal contracts.
In some cases, one person may hold both roles. In others, the court may divide these responsibilities between two guardians to ensure that both personal and financial matters are handled effectively.
What a Legal Guardian Can Do
Legal guardianship grants significant authority, but it is always subject to court oversight. Here are some of the key powers that guardians have:
1. Make Medical Decisions
A guardian of the person has the authority to approve medical treatments, schedule doctor visits, and make healthcare decisions on behalf of the ward. In Texas, this includes consenting to surgeries, therapy, and mental health care. However, guardians must act in the ward’s best interests and, where possible, take their wishes into account.
2. Determine Living Arrangements
A guardian decides where the ward will live, whether that means staying at home, moving to a relative’s house, or being placed in an assisted living facility or nursing home. These decisions must align with the ward’s well-being, and any major changes often require court approval.
3. Manage Finances and Property
For a guardian of the estate, financial responsibilities include paying bills, managing investments, and handling taxes. They may also buy or sell property, but major financial decisions often require court approval to prevent mismanagement.
4. Make Educational Decisions
If the ward is a minor, the guardian can enroll them in school, choose their educational path, and authorize extracurricular activities. They may also advocate for special education services if the child has disabilities.
5. Apply for Government Benefits
Guardians can apply for Social Security, Medicaid, or other government assistance programs on behalf of the ward, ensuring they receive the benefits they are entitled to.
6. Pursue Legal Action on Behalf of the Ward
A guardian has the right to file lawsuits, defend against legal claims, and enter into contracts on behalf of the ward when necessary. However, they must act in the ward’s best interests and follow the legal process.
What a Legal Guardian Cannot Do
While guardianship grants significant powers, there are clear limitations on what a guardian is allowed to do. Courts impose these restrictions to prevent abuse, financial exploitation, and decisions that could harm the ward.
1. Deny the Ward Basic Rights
Even though guardians make many important decisions, they cannot violate the ward’s fundamental rights. For instance, they cannot prevent the ward from practicing their religion, communicating with loved ones, or engaging in activities that do not pose a risk to their well-being.
2. Make a Will on Behalf of the Ward
A guardian does not have the authority to draft or modify a will for the ward. While they may manage financial assets, they cannot determine how those assets will be distributed after the ward’s death.
3. Sell Property Without Court Approval
Although a guardian of the estate can manage assets, selling real estate or other major assets requires court permission. This is to prevent financial abuse and ensure that transactions serve the ward’s best interests.
4. Make Decisions That Conflict with the Ward’s Best Interests
Guardians must always prioritize the ward’s needs and cannot make decisions that benefit themselves at the expense of the ward. If a guardian is suspected of financial exploitation or neglect, the court can remove them.
5. Restrict Family Visits Without Justification
Unless a court order states otherwise, a guardian cannot prevent the ward from seeing their family or loved ones. The only exception is if visitation poses a danger to the ward’s safety or well-being.
6. Override a Power of Attorney That Was Previously Established
If the ward created a legally binding power of attorney before becoming incapacitated, that document takes precedence over guardianship. A guardian cannot revoke or alter a power of attorney without court intervention.
The Court’s Role in Guardianship Oversight
Because guardians have substantial authority, courts closely monitor their actions. In Texas, guardians must:
- File annual reports detailing the ward’s well-being and any major decisions.
- Submit financial accounting records to ensure responsible management of the ward’s assets.
- Seek court approval before making significant financial transactions or changes to living arrangements.
If a guardian fails to meet these obligations or is found guilty of abuse or mismanagement, the court can revoke their guardianship and appoint someone else.
When Guardianship Ends
Guardianship is not always permanent. It can end in several ways:
- The ward regains capacity: If an adult ward recovers from their condition and can manage their affairs, they can petition the court to terminate the guardianship.
- The ward turns 18: For minors, guardianship automatically ends when they reach legal adulthood unless they have special needs requiring continued guardianship.
- The ward passes away: Guardianship ends upon the ward’s death, at which point the guardian’s authority ceases.
- The guardian is removed by the court: If a guardian is found to be negligent or abusive, the court can replace them with someone else.
Final Thoughts
Legal guardianship is a powerful but highly regulated role. While guardians have the ability to make crucial decisions on behalf of their ward, they are bound by strict legal and ethical limitations. Courts play a crucial role in ensuring guardians act responsibly and do not abuse their power. For those considering becoming a guardian or seeking one for a loved one, understanding the full scope of responsibilities and restrictions is essential. Guardianship is not just a legal role—it is a commitment to protecting and advocating for the best interests of someone who cannot do so themselves.
